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LAWS 


of  the 

STATE  OF  NEW  HAMPSHIRE 

PASSED  JANUARY  SESSION,  1955 

LEGISLATURE  CONVENED  JANUARY  5,  1955 

ADJOURNED  AUGUST  6,  1955 


and 


LAWS 

of  the 

STATE  OF  NEW  HAMPSHIRE 

PASSED  SPECIAL  SESSION,  1954 

LEGISLATURE  CONVENED  APRIL  6,  1954 

ADJOURNED  APRIL  9,  1954 


CONCORD,  N.  H. 
1955 


Printed  by 

GRANITE  STATE  PRESS,  INC. 

Manchester,  N.  H. 


Bound  by 

NEAL  PRINTING  AND  BINDING  CO. 

Dover,  N.  H. 


STATE     OFFICERS 


Governor » Lane  Dwinell 

Parker  M.  Merrow 
Charles  T.  Durell 

Councilors i  Romeo  J.  Champagne 

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

Adjutant  General    John  Jacobson,  Jr. 

Aeronautics  Commission,  N.  H. 

Director W,  Russell  Milliard 

Agynculture,  Commissioner  of Perley  I.  Fitts 

Attorney-General Louis  C.  Wyman 

Deputy  Attorney-General Warren  E.  Waters 

(Richard  C.  Duncan 

Assistant  Attorneys-General ^  George  F.  Nelson 

(  Arthur  E.  Bean,  Jr. 

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

Bank  Commissioner Winfield  J.  Phillips 

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

Cancer  Commission,  State  { Joseph  N.  Friborg 

George  C.  Wilkins 
James  W.  Jameson 

Comptroller    Arthur  E.  Bean 

Education,  Commissioner  of Austin  J.  McCaffrey 

Fire  Control,  State  Board 

•     State  Fire  Marshal Aubrey  G.  Robinson 

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


Judicial  Council < 


vi  State  Officers 

Forestry  and  Recreation  Departtnent 

State  Forester    William  H.  Messeck,  Jr. 

Director  of  Recreation Russell  B.  Tobey 

Health  Department,  State 

State  Health  Officer John  S.  Wheeler 

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

Registrar  of  Vital  Statistics Marian  G.  Maloon 

Insurance  Commissioner Donald  Knowlton 

Deputy  Commissioner Simon  M.  Sheldon 

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

Labor  Commissioner Adelard  E.  Cote 

Employment  Security 

Division,  Director   Charles  Griffin 

Employinent  Service  Bureau, 

Director Abby  L.  Wilder 

Unemployment  Compensation 
Bureau,  Director William  C.  Chamberlin 

r  William  L.  Dunfey 
I  Harry  E.  Sherwin 

Library  Com^nission,  State {  Charlotte  E.  Ford 

I  Elwin  L.  Page 
lAddie  E.  Towne 

State  Librarian   Mildred  Peterson  McKay 

Asst.  State  Librarian Catharine  Pratt 

I  William  A.  Jackson 

Liquor  Commission,  State   {  Ray  E.  Tarbox 

y  William  A.  Styles 


State  Officers  vii 

(  Edward  E.  Baker 

Milk  Control  Board <  Maurice  G.  Chase 

f  Clarence  A.  Marshall 

Motor  Vehicle  Commissioner Frederick  N.  Clarke 

Deputy  CoTnmissioner Kennard  E.  Goldsmith 

Director  of  Safety Ralph  V.  Gould 

Road  Toll  Administrator John  S.  Mara 

Personnel  Commission,  Director   .  .  .Roy  Y.  Lang 

Planning  and  Developm^ent 
Commission,  State 

Publicity  Director John  Brennan 

Executive  Director Ernest  L.  Sherman 

Industrial  Director Winfred  L.  Foss 

Planning  Director  Sulo  J.  Tani 

Police,  State,  Superintendent  Ralph  W,  Caswell 

(Amos  N.  Blandin,  Jr. 

Probation,  Board  of <Burt  R.  Cooper 

(Ada  C.  Taylor 

Director Richard  T.  Smith 

(Harold  K.  Davison 

Public  Utilities  Commission -JBlaylock  Atherton 

(Edward  R.  Thornton 

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

Public  Works  and  Hightvays, 

Commissioner  of   Frank  D,  Merrill* 

Deputy  Commissioner John  0.  Morton 

Assistant  Commissioner    J.  Harold  Johnson 

Purchase  amd  Property,  Director  ....  Harold  Cheney 

(Albert  W.  Hamel 

Racing  Commission,  State   -j Emmet  J.  Kelley 

(George  H.  Grinnell 

Secretary  of  State  Enoch  D.  Fuller 

Deputy Harry  E.  Jackson 

*  Died. 


viii  State  Officers 

State  Buildings  and  Grounds, 
Superintendent Wayne  B.  Elwell 

(Lawton  B.  Chandler 

Tax  Commission,  State -j Oliver  W.  Marvin 

/John  B,  Evans 

Treasurer,  State Alfred  S.  Clones 

Deputy Philip  D.  Mclnnis 

Veterans  Council,  State 
Director Harold  B.  Trombley 

Water  Resources  Board, 

Chairman    Walter  G.  White 


Courts  ix 


SUPREME     COURT 

Chief  Justice Frank  R.  Kenison 

I'  Amos  N.  Blandin,  Jr, 

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

/  John  R.  Goodnow 

[Edward  J.  Lampron 

SUPERIOR     COURT 

Chief  Justice Stephen  M.  Wheeler 

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

Associate  Justices    William  A.  Grimes 

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

State  Reporter   George  0.  Shovan 


THE      LEGISLATURE     OF     1955 

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


Laurier  A.  Lamontagne,  Berlin 

Daniel  A.  O'Brien,  Lancaster 

Norman  A.  McMeekin,  Haverhill 

Fred  H.  Washburn,  Bartlett 

Archibald  H.  Matthews,  New  Hampton 

Otto  G.  Keller,  Laconia 

James  C.  Cleveland,  New  London 

J.  Laban  Ainsworth,  Claremont 

John  R.  Powell,  Sutton 

Irene  Weed  Landers,  Keene 

Robert  English,  Hancock 

J.  Wesley  Colbum,  Nashua 


SENATORS 

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


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

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


The  Legislature  of  1955 


XI 


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

Kenneth  M.  Bisbee,  r 

Harry  E.  Clarke,  r 

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

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


ROCKINGHAM  COUNTY 

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


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

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


Died. 


Barrington,  Roy  V.  Swain,  r 
Dover, 

Ward  1,  Raymond  H.  Chase,  r 

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

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

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


STRAFFORD  COUNTY 

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

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


Xll 


The  Legislature  of  1955 


Strafford  County — Continued 
Rochester, 

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

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

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

Philip  J.  Estes,  r 

BELKNAP 

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

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

Ward  2,  Aime  H.  Morin,  d 

Alfred  W.  Simoneau,  d 

Ward  3,  Elmer  S.  Tilton,  r 


Rollinsford,  Fred  L.  Green,  r 

Soviersworth, 

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

Strafford,  Albert  H.  Brown,  r 


COUNTY 

Ward  %,  John  J.  Ballentine,  r 

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

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

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

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


Died. 


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


CARROLL  COUNTY 

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

Alonzo  Page  Weeks,  II,  r 


MERRIMACK  COUNTY 


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


Chichester,  Clifton  W.  Stevens,  d 

Concord, 

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


The  Legislature  of  1955 


Xlli 


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

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

Ward  1,  Basil  Broadhurst,  r 


Ward  2,  James  M.  Burke,  d 

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

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

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

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


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


HILLSBOROUGH  COUNTY 
Manchester, 


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

Ward     2,  Harry  J.  Danforth,  r 

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

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

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

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


XIV 


The  Legislature  of  1955 


Hillsborough  County — Continued 

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

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

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

Ward     9,  Beatrice  B.  Gary,  d 

Edward  W.  Morris,   d 

Ward  10,  George  S.  Auger,  d 

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

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

Ward  12,  Amelia  Lareau,  d 

Edward  T.  Martel,  d 

Louis  J.  Soucy,  d 

Leon  J.  O.  Vaillancourt,  d 

Ward  13,  Albert  N.  Dion,  d 

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

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


Mil  ford,  David  Deans,  Jr.,  r 

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

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

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

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

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

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

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


The  Legislature  of  1955 


XV 


CHESHIRE 

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

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

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

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


COUNTY 

Marlborough,  Charles  E.  Carlton,  r 

Marlow,  John  F.  Brown,  r 

Nelson,  Not  entitled 

Richmond,  Not  entitled 

Rindge,  Harry  E.  Sherwin,  r 

Roxbury,   Not  entitled 

Stoddard,  Not  entitled 

Stillivan,  Not  entitled 

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

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

Troy,  Franklin  L.  Lang,  d 

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

Westynoreland,  Oscar  W.  Billings,! 

r  and  d 
John  H.  Ferry,  Jr. 

Winchester,  Frederick  H.  Ingham,  r 

Alexander  P.  Thompson,  r 


•  Died, 
t  Resigned 


SULLIVAN 

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

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


COUNTY 

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


Died. 


XVI 


The  Legislature  of  1955 


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

James  W.  Campion,  d 

David  J.  Bradley,  r 

Elizabeth  W.  Hayward,  r 

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

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


COUNTY 

Lebanon,  Arthur  F.  Adams,  r 

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

Lincoln,  Charles  Griffin,  r 

Lisbon,  Rita  Collyer,  r 

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

Lyman,  Not  entitled 

Lyme,  Walter  H.  Horton,  r  and  d 

Monroe,  George  L.  Frazer,  Sr.,  r 

Orange,  Geoffrey  W.  Talbot,  r 

Orford,  Robert  W.  Carr,  r 

Piermont,  Not  entitled 

Plytnouth,  Kenneth  G.  Bell,  r 

Elmer  E.  Huckins,  r 

Rumney,  Jesse  A.  Barney,  r 

Thornton,  Not  entitled 

Warren,  Not  entitled 

Waterville,  Not  entitled 

Wentworth,  Charles  A.  Gilbert,  d 

Woodstock,  Thomas  F.  Sawyer,  r  and  d 


*  Died. 

COOS 

Berlin, 

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

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

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


COUNTY 

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

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

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

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


SPECIAL  SESSION 

APRIL  6  -  APRIL  9,  1954 


CHAPTER  1. 


AN  ACT  RELATIVE  TO  STATE  HIGHWAY  LAYOUTS  AND  AWARD 

OF  DAMAGES. 

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

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


2  Chapter  1  [1954 

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

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

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


1954]  Chapter  1  3 

4.     Fact  Finding    Committee  on  Highway  Land  Damage. 

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

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

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

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


4  Chapter  2  [1954 

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

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


CHAPTER  2. 


AN  ACT  RELATING  TO  COMPENSATION  AND  MILEAGE  OF  MEMBERS 

AND  ATTACHES  OF  THE  LEGISLATURE  IN  SPECIAL  SESSIONS, 

RELATIVE  TO  A  CERTAIN  CAPITAL  IMPROVEMENT  AT 

THE  STATE  HOSPITAL,  THE  CONTINUATION  OF 

ALLOTMENTS  IN  CERTAIN  CASES  AND  TO 

SO-CALLED  DAYLIGHT  SAVING  TIME. 

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

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

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

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

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


1954]  Chapter  2  5 

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

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

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


6  Chapter  3  [1954 

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

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


CHAPTER  3. 

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

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

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


1954]  Chapter  3  7 

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

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

[Approved  April  9,  1954.] 


LAWS 


OF  THE 

STATE  OF  NEW  HAMPSHIRE 
JANUARY  SESSION  OF  1955 


CHAPTER  1. 


AN  ACT  RELATIVE  TO  FEES  FOR  THE  RECORDATION  OF  MERGER  AND 

CONSOLIDATION  AGREEMENTS   BETWEEN   BUSINESS 

CORPORATIONS. 

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

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

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

[Approved  February  2,  1955.] 


CHAPTER  2. 


AN  ACT  RELATIVE  TO  PRINTING  SESSION  LAWS. 

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

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


10  Chapter  3  [1955 

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

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

[Approved  February  2, 1955.] 


CHAPTER  3. 


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

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

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

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

[Approved  February  4,  1955.] 


1955]  Chapters  4,  5  11 

CHAPTER  4. 

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

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

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

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

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

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

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

[Approved  February  9,  1955.] 


CHAPTER  5. 


AN  ACT  PROVIDING  FOR  SUPPLEMENTAL  APPROPRIATIONS  FOR 
CERTAIN  STATE  DEPARTMENTS. 

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

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


12  Chapter  6  [1955 

For  state  treasurer,  bounties,  $14,000. 

For  teachers'  retirement  system, 

for  normal  contributions,  $17,750. 

For  employees'  retirement  system, 

for  normal  contributions,  $40,000. 

For  board  of  accountancy,  $500. 

Less  revenue  500. 


Net  appropriation  00 

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

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


CHAPTER  6. 


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

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

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


1955]  Chapter  7  13 

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

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


CHAPTER  7. 


AN   ACT   RELATIVE   TO   BENEFIT   RATES,    EARNINGS    IN    WAITING 

PERIOD  AND  MERIT  RATES  UNDER  THE  UNEMPLOYMENT 

COMPENSATION  LAW. 

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

1.  Weekly  Benefit  Rate.  Amend  subsection  B  of  section  2 
of  chapter  218  of  the  Revised  Laws,  as  amended  by  section  5, 
chapter  56  of  the  Laws  of  1943,  chapter  78  of  the  Laws  of  1945, 
section  7,  chapter  59  of  the  Laws  of  1947,  section  1,  chapter  30 
of  the  Laws  of  1949,  section  2,  chapter  34  of  the  Laws  of  1951, 
and  chapter  65  of  the  Laws  of  1953,  (subsection  B,  section  2, 
chapter  282,  RSA)  by  striking  out  the  whole  of  the  same  and 
inserting  in  place  thereof  the  following:  B.  Weekly  Benefit 
Amount  for  Total  Unemployment  and  Maximum  Total  Amount 
of  Benefits  Payable  During  Any  Benefit  Year.  (1)  Each 
eligible  individual  who  is  totally  unemployed  in  any  week  shall 
be  paid  with  respect  to  such  week  benefits  in  the  amount  shown 
in  column  B  of  the  schedule  delineated  in  this  paragraph  on  the 
line  on  which  in  column  A  there  is  indicated  the  individual's 
annual  wage  class  except  as  otherwise  provided  in  paragraph 
(2)  of  this  subsection.  The  maximum  total  amount  of  benefits 
payable  to  any  eligible  individual  during  any  benefit  year  shall 
be  the  amount  shown  in  column  C  of  the  schedule  delineated 
in  this  paragraph  on  the  line  on  which  in  column  A  there  is  in- 


14  Chapter  7  [1955 

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


A 

B 

C 

Total  Annual  Earnings 

Weekly  Benefit 

Maximum 

In  Base  Period 

Amount 

Benefits 

$400.00  -  $499.99 

$9 

$234 

500.00-    599.99 

10 

260 

600.00-    699.99 

11 

286 

700.00-    799.99 

12 

312 

800.00-  899.99 

13 

338 

900.00-    999.99 

14 

364 

1000.00  -  1099.99 

15 

390 

1100.00-1199.99 

16 

416 

1200.00  -  1299.99 

17 

442 

1300.00  - 1399.99 

18 

468 

1400.00  -  1499.99 

19 

494 

1500.00  -  1599.99 

20 

520 

1600.00  -  1699.99 

21 

546 

1700.00  -  1799.99 

22 

572 

1800.00  -  1899.99 

23 

598 

1900.00  -  1949.99 

24 

624 

1950.00  -  1999.99 

25 

650 

2000.00  -  2099.99 

26 

676 

2100.00-2199.99 

27 

702 

2200.00  -  2299.99 

28 

728 

2300.00  -  2399.99 

29 

754 

2400.00  -  2499.99 

30 

780 

2500.00  -  2599.99 

31 

806 

2600.00  -  and  over 

32 

832 

(2)  If  at  any  time  the  fund  shall  fail  to  equal  or  fail  to 
exceed  twelve  million  dollars  and  shall  be  maintained  at  less 
than  that  figure  for  a  period  of  two  consecutive  calendar 
months,  each  eligible  individual  who  is  totally  unemployed  in 
any  week  shall  be  paid  with  respect  to  such  week  benefits  in 
the  amount  shown  in  column  B  of  the  schedule  delineated  in 
this  paragraph  on  the  line  on  which  in  column  A  there  is  in- 
dicated the  individual's  annual  wage  class.  The  maximum  total 
amount  of  benefits  payable  to  any  eligible  individual  during 
any  benefit  year  shall  be  the  amount  shown  in  column  C  of  the 
schedule  delineated  in  this  paragraph  on  the  line  on  which  in 
column  A  there  is  indicated  the  individual's  annual  wage  class. 


1955]  Chapter  7  15 

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


A 

B 

C 

Total  Annual  Earnings 

Weekly  Benefit 

Maximum 

In  Base  Period 

Amount 

Benefits 

$500.00  -  $499.99 

$8 

$184 

500.00-    599.99 

9 

207 

600.00-    699.99 

10 

230 

700.00-    799.99 

11 

258 

800.00-    899.99 

12 

276 

900.00-    999.99 

13 

299 

1000.00  -  1099.99 

14 

822 

1100.00  -  1199.99 

15 

345 

1200.00  -  1299.99 

16 

368 

1300.00-1399.99 

17 

391 

1400.00  - 1499.99 

18 

414 

1500.00  -  1599.99 

19 

437 

1600.00  -  1649.99 

20 

460 

1650.00  -  1699.99 

21 

483 

1700.00  -  1799.99 

22 

506 

1800.00  -  1899.99 

23 

529 

1900.00  -  1999.99 

24 

552 

2000.00  -  2099.99 

25 

575 

2100.00-2199.99 

26 

598 

2200.00  -  2299.99 

27 

621 

2300.00  -  2399.99 

28 

644 

2400.00  -  and  over 

29 

667 

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

2.  Benefit  Eligibility  Conditions.  Amend  subsection  D  of 
section  3  of  said  chapter  218,  as  amended  by  section  4,  chapter 
56  of  the  Laws  of  1943,  section  8,  chapter  138  of  the  Laws  of 
1945,  section  11,  chapter  59  of  the  Laws  of  1947,  chapter  267 
of  the  Laws  of  1947,  section  2,  chapter  30  of  the  Laws  of  1949, 


16  Chapter  7  [1955 

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

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

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

3.  Merit  Rates.  Amend  subsection  D  of  section  6  of  said 
chapter  218,  as  amended  by  section  14,  chapter  138  of  the  Laws 
of  1945,  section  17,  chapter  59  of  the  Laws  of  1947,  section  11, 
chapter  185  and  section  1,  chapter  251  of  the  Laws  of  1949, 


1955]  Chapter  7  17 

section  4,  chapter  36  and  sections  2,  3,  4,  5  and  6,  chapter  142 
of  the  Laws  of  1951,  and  section  6,  chapter  209  of  the  Laws  of 
1953,  (subsection  D,  section  6,  chapter  282,  RSA)  by  striking 
out  the  whole  of  the  same  and  inserting  in  place  thereof  the 
following:  D.  Merit  Rates.  (1)  The  director  shall  for 
each  calendar  year  classify  employers  in  accordance  with  their 
actual  experience  in  the  payment  of  contributions  on  their  own 
behalf  and  with  respect  to  benefits  charged  against  their 
accounts,  with  a  view  to  fixing  such  contribution  rates  as  will 
reflect  such  experience ;  such  rate  to  become  eif  ective  with  the 
fiscal  year  beginning  July  1,  1951  and  on  each  succeeding  fiscal 
year  beginning  on  July  1  thereafter. 

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

(3)  No  employer  shall  be  entitled  to  a  rate  of  less  than 
2.7  per  centum  unless  and  until  as  of  January  1  of  the  year 
wherein  the  rate  becomes  applicable  there  had  been  three  con- 
secutive calendar  years  wherein  the  account  of  the  employer 
was  chargeable  with  benefits. 

(4)  No  employer  shall  be  entitled  to  a  merit  rating  under 
this  subsection  for  the  first  half  of  any  fiscal  year  effective 
with  the  fiscal  year  beginning  July  1,  1951  unless  and  until 
the  balance  of  the  unemployment  compensation  fund  as  of 
March  31,  preceding  said  first  half  of  said  fiscal  year,  equals  or 
exceeds  twelve  million  dollars,  at  which  time  the  computations 
and  rates  delineated  in  Schedule  I  will,  subject  to  further  pro- 
visions hereinbelow  made,  become  effective  and  applicable  for 
said  first  half  of  said  fiscal  year ;  it  being  further  provided  that 
no  employer  shall  be  entitled  to  a  merit  rating  under  this  sub- 
section for  the  second  half  of  any  fiscal  year  effective  with  the 
fiscal  year  beginning  July  1,  1951  unless  and  until  the  balance 
of  the  unemployment  compensation  fund  as  of  September  30, 
preceding  said  second  half  of  said  fiscal  year,  equals  or  exceeds 
twelve  million  dollars,  at  which  time  the  computations  and 
rates  delineated  in  Schedule  I  will,  subject  to  further  provisions 
hereinbelow  made,   become  effective  and   applicable  for  said 


18  Chapter  7  [1955 

second  half  of  said  fiscal  year.  It  being  further  provided  that 
if  as  of  March  31  preceding  the  first  half  of  any  fiscal  year 
effective  with  the  fiscal  year  beginning  July  1,  1955,  the  un- 
employment compensation  fund  equals  or  exceeds  twenty 
million  dollars,  the  computations  and  rates  delineated  in 
Schedule  II  will  become  effective  and  applicable  for  said  first 
half  of  said  fiscal  year.  It  being  further  provided  that  if  as  of 
September  30  preceding  the  second  half  of  any  fiscal  year 
effective  with  the  fiscal  year  beginning  July  1,  1955,  the  un- 
employment compensation  fund  equals  or  exceeds  twenty 
million  dollars,  the  computations  and  rates  delineated  in 
Schedule  II  will  become  effective  and  applicable  for  said  second 
half  of  said  fiscal  year. 

(5)  It  is  further  provided  that  the  time  the  operation  of 
a  business  of  an  employer  was  suspended  because  of  the  em- 
ployer's service  in  the  armed  forces  during  World  War  II,  or 
because  of  the  employer's  service  in  the  armed  forces  of  the 
United  States  or  any  of  its  allies  or  of  the  United  Nations  after 
July  1,  1950,  shall  be  considered  as  if  the  business  had  been 
actively  and  continuously  operating  during  such  period. 

(6)  Should  the  director  determine  at  any  time  that  the 
solvency  of  the  fund  does  not  permit  the  adoption  or  mainte- 
nance of  individually  reduced  contribution  rates  under  this  sub- 
section, he  shall,  for  the  purposes  of  this  subsection,  set  a 
standard  rate  for  all  employers  of  2.7  per  centum  per  annum. 
The  director  may  make  such  change  effective  with  the  first  day 
of  any  calendar  quarter. 

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

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


1955]  Chapter  7  19 

ployment  paid  through  the  succeeding  January  31)  and  the 
effective  date  as  July  1.  If,  as  of  the  computation  date,  the  total 
of  all  contributions  paid  on  an  employer's  own  behalf  and 
credited  to  his  account  for  all  past  years  exceeds  the  total 
benefits  charged  against  his  account  for  all  past  years  and, 
subject  to  the  provisions  and  conditions  hereinabove  fully  de- 
scribed as  to  the  status  of  the  unemployment  compensation 
fund  being  equal  to  or  exceeding  twelve  million  dollars  but  not 
being  equal  to  or  exceeding  twenty  million  dollars,  his  contri- 
bution rate  effective  as  hereinabove  provided  shall  be  de- 
termined by  subtracting  from  the  maximum  contribution  rate 
of  2.7  per  centum  the  following  amounts: 

Schedule  I. 

(a)  Two-tenths  of  one  per  centum  if  such  excess  equals 
or  exceeds  eight  per  centum  of  his  average  annual  pay 
roll; 

(b)  Four-tenths  of  one  per  centum  if  such  excess 
equals  or  exceeds  nine  per  centum  of  his  average  annual 
pay  roll; 

(c)  Seven-tenths  of  one  per  centum  if  such  excess 
equals  or  exceeds  ten  per  centum  of  his  average  annual 
pay  roll; 

(d)  Nine-tenths  of  one  per  centum  if  such  excess  squals 
or  exceeds  eleven  per  centum  of  his  average  annual  pay 
roll; 

(e)  One  and  two-tenths  per  centum  if  such  excess 
equals  or  exceeds  twelve  per  centum  of  his  average 
annual  pay  roll; 

(f)  One  and  one-half  per  centum  if  such  excess  equals 
or  exceeds  fourteen  per  centum  of  his  average  annual 
pay  roll; 

(g)  One  and  seven-tenths  per  centum  if  such  excess 
equals  or  exceeds  fifteen  per  centum  of  his  average 
annual  pay  roll. 

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


20  Chapter  7  [1955 

graph,  be  determined  by  subtracting  from  the  maximum  con- 
tribution rate  of  2.7  per  centum  the  following  amounts : 

Schedule  II. 

(a)  Two-tenths  of  one  per  centum  if  such  excess  equals 
or  exceeds  five  per  centum  of  his  average  annual  pay 
roll; 

(b)  Four-tenths  of  one  per  centum  if  such  excess 
equals  or  exceeds  six  per  centum  of  his  average  annual 
pay  roll ; 

(c)  Eight-tenths  of  one  per  centum  if  such  excess 
equals  or  exceeds  eight  per  centum  of  his  average  annual 
pay  roll ; 

(d)  One  and  one-tenth  per  centum  if  such  excess 
equals  or  exceeds  nine  per  centum  of  his  average  annual 
pay  roll; 

(e)  One  and  five-tenths  per  centum  if  such  excess 
equals  or  exceeds  ten  per  centum  of  his  average  annual 
pay  roll ; 

(f)  One  and  eight-tenths  per  centum  if  such  excess 
equals  or  exceeds  eleven  per  centum  of  his  average 
annual  pay  roll ; 

(g)  Two  and  one-tenth  per  centum  if  such  excess 
equals  or  exceeds  twelve  per  centum  of  his  average 
annual  pay  roll; 

(h)  Two  and  two-tenths  per  centum  if  such  excess 
equals  or  exceeds  fourteen  per  centum  of  his  average 
annual  pay  roll. 

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

(11)  No  employer  shall  be  entitled  to  have  more  than 
seven-tenths  of  one  per  centum  subtracted  from  the  contribu- 
tion rate  established  in  accordance  with  this  subsection  unless 
the  total  contributions  which  became  due  and  were  credited  to 
his  account  in  the  fund  during  all  past  years  were  at  least  twice 
the  total  benefits  paid  from  the  fund  and  chargeable  to  his 
account  within  the  last  preceding  calendar  year. 

(12)  As  used  in  this  section  after  December  31,  1940,  the 
term  "annual  pay  roll"  means  the  total  amount  of  wages  paid 
by  an  employer  (regardless  of  the  time  of  payment)  for  em- 
ployment during  a  calendar  year,  and  the  term  "average  annual 


1955]  Chapter  7  21 

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

(13)  Reports  to  an  employer  of  the  merit  rating  of  said 
employer  for  the  applicable  rating  period  shall  be  furnished  in 
such  manner  as  the  director  may  prescribe,  but  in  any  event 
not  less  frequently  than  once  every  year.  Any  merit  rating 
assigned  to  any  employer  under  this  section,  of  which  the  em- 
ployer has  been  notified,  shall  be  considered  correct  for  all  pur- 
poses unless  objections  to  such  merit  rating  are  received  within 
thirty  days  after  notification  of  said  employer's  merit  rate  for 
the  ensuing  year  has  been  mailed  to  the  employer's  last  known 
address. 

(14)  Any  merit  rating  whicA  prior  to  the  effective  date 
of  this  section  has  been  assigned  to  any  employer,  of  which 
the  employer  has  been  notified,  shall  be  considered  correct  for 
all  purposes  unless  objections  to  such  merit  rating  are  received 
within  thirty  days  after  the  effective  date  of  this  section. 

(15)  If  objections  to  such  merit  rating  duly  and  properly 
made  are  received,  any  redetermination  of  said  merit  rating,  of 
which  the  employer  has  been  notified,  shall  be  considered 
correct  for  all  purposes  unless  objections  to  such  redetermi- 
nation are  received  within  thirty  days  after  such  notification 
of  said  redetermination  has  been  mailed  to  the  employer's  last 
known  address. 

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

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


22  Chapters  8,  9  [1955 

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


CHAPTER  8. 


AN  ACT  CHANGING  THE  CLASSIFICATION  OF  A  ROAD  IN  THE  TOWN 

OF  MERRIMACK. 

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

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

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

[Approved  February  17,  1955.] 


CHAPTER  9. 


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

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

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


1955]  Chapter  9  23 

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

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


24  Chapters  10,  11  [1955 

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

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


CHAPTER  10. 


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

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

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

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

[Approved  February  17,  1955.] 


CHAPTER  11. 


AN  ACT   RELATIVE   TO   GRANTING  SCHOOL  DISTRICTS   AND  CITIES 

TEMPORARY  EMERGENCY  EXEMPTION  FROM  THE  PROVISIONS 

OF  THE  MUNICIPAL  FINANCE  ACT. 

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

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


1955]  Chapter  11  25 

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

2.  Bonds  Issues :  Special  Cases.  A  school  district  or  a 
city  may  vote  to  issue  bonds  or  notes  for  the  purposes  set  forth 
in  section  1  in  an  amount  in  excess  of  six  per  cent  of  the  latest 
assessed  valuation  plus  the  five  year  average  value  of  growing 
wood  and  timber  of  such  school  district  or  city,  determined  as 
.above,  but  not  in  excess  of  eight  per  cent  thereof  (in  cities  not 
in  excess  of  eleven  per  cent  for  all  purposes,  but  in  no  case 
more  than  eight  per  cent  for  school  purposes),  in  accordance 
with  the  conditions  set  forth  in  sections  4,  5,  6  and  7  of  this 
act.  A  certified  copy  of  the  record  of  the  action  of  the  school 
district,  or  the  city,  as  the  case  may  be,  shall  forthwith  be  pre- 
sented to  the  commissioner  of  education. 

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


26  Chapter  11  [1955 

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

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

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


1955]  Chapter  11  27 

to  the  chairman  of  the  school  board  and  clerk  of  the  district 
or  the  mayor  of  the  city  and  chairman  of  the  board  of  education 
of  the  city  and  thereupon  the  action  of  said  school  district  or 
said  city  shall  be  null  and  void.  The  findings  of  said  board  shall 
be  by  majority  vote  of  all  members. 

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

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

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

2.  Takes  Effect:  Expii*ation.  This  act  shall  take  effect  up- 
on its  passage,  provided  that  any  action  taken  hereunder  by 
any  school  district  or  city  shall  be  completed  before  June  30, 
1957,  except  such  action  as  may  be  necessary  to  carry  out  such 
approval  as  may  be  granted  under  section  7.  The  foregoing 
limitation  of  this  act  shall  not  affect  the  validity  of  any  bonds 
or  notes  issued  by  authority  thereof. 
[Approved  February  17,  1955.] 


28  Chapters  12,  13  [1955 

CHAPTER  12. 

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

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

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

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

[Approved  February  24,  1955.] 


CHAPTER  13. 


AN  ACT  RELATIVE  TO   CHANGE   IN  CLASSIFICATION  OF  HIGHWAY 

IN  ALSTEAD. 

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

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

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


1955]  Chapters  14,  15  29 

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


CHAPTER  14. 


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

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

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

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

[Approved  February  25, 1955.] 


CHAPTER  15. 


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

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

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


30  Chapter  16  [1955 

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

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


CHAPTER  16. 


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

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

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

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

[Approved  February  25, 1955.] 


1955]  Chapter  17  31 

CHAPTER  17. 

AN  ACT  RELATIVE  TO  PUBLICLY  ELECTED  OFFICIALS  OF  CITIES. 

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

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

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

[Approved  March  4,  1955.] 


32  Chapter  18  [1955 

CHAPTER  18. 

AN  ACT  RELATIVE  TO  DISCHARGE  OR  REMOVAL  OF  EMPLOYEES  OF 

PUBLIC  LIBRARIES. 

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

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

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

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

[Approved  March  5,  1955.] 


1955]  Chapter  19  33 

CHAPTER  19. 

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

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

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

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

[Approved  March  5,  1955.] 


34  Chapter  20  [1955 

CHAPTER  20. 

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

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

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

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

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

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

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

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


1955]  Chapters  21,  22  35 

CHAPTER  21. 

AN  ACT  RELATING  TO  ATTACHMENTS. 

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

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

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

[Approved  March  5,  1955.] 


CHAPTER  22. 

AN  ACT  RELATIVE  TO  HUNTING  AND  FISHING  LICENSES. 

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

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


36  Chapter  23  [1955 

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

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


CHAPTER  23. 

AN  ACT  PROVIDING  FOR  ADVANCE  SHEETS  OF  SESSION  LAWS. 

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

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

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


1955]  Chapter  24  37 

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


CHAPTER  24. 


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

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

1.  Classification.  On  and  after  the  effective  date  of  this 
act  the  following  surface  waters  shall  be  classified  in  accordance 
with  the  provisions  of  chapter  166- A  of  the  Revised  Laws  as 
inserted  by  chapter  183,  Laws  of  1947  and  amended  by  chapter 
1,  Laws  of  1950,  (chapter  149,  RSA)  as  follows: 

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

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

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

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


38  Chapters  25, 26  [1955 

CHAPTER  25. 

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

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

1.  Classification.  On  and  after  the  effective  date  of  this  act 
the  following  surface  waters  shall  be  classified  in  accordance 
with  the  provisions  of  chapter  166-A  of  the  Revised  Laws  as 
inserted  by  chapter  183,  Laws  of  1947  and  amended  by  chapter 
1,  Laws  of  1950,  (chapter  149,  RSA)  as  follows : 

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

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

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

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

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


CHAPTER  26. 


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

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

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


1955]  Chapter  27  39 

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

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

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

[Approved  March  7,  1955.] 


CHAPTER  27. 

AN  ACT  RELATIVE  TO  TRUSTS  FOR  CARE  OF  CEMETERY  LOTS. 

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

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

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

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

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


40  Chapter  28  [1955 

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

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

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

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

[Approved  March  7, 1955.] 


CHAPTER  28. 


AN  ACT  RELATIVE  TO   SPECIAL  MOTOR  VEHICLE  NUMBER  PLATES 

FOR  MEMBERS  OF  THE  GENERAL  COURT  AND  CERTAIN 

LAW  ENFORCEMENT  OFFICERS. 

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

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


1955]  Chapter  29  41 

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

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


CHAPTER  29. 


AN  ACT  RELATING  TO  PRISONERS  COMMITTED  TO  A  HOUSE  OF 

CORRECTION. 

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

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

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

[Approved  March  12,  1955.] 


42  Chapters  30,  31  [1955 

CHAPTER  30. 

AN  ACT  RELATIVE  TO  MIGRATORY  GAME  BIRDS. 

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

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

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

[Approved  March  12,  1955.] 


CHAPTER  31. 


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

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

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

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


1955]  Chapter  32  43 

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

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


CHAPTER  32. 


AN  ACT  RELATIVE  TO  THE  ESTABLISHMENT  OF  FISHING 
REGULATIONS. 

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

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


44  Chapter  33  [1955 

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

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


CHAPTER  33. 

AN  ACT  RELATIVE  TO  BROOK  TROUT. 

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

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

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


1955]  Chapter  34  45 

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

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


CHAPTER  34. 

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

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

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

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

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

[Approved  March  12,  1955.] 


46  Chapters  35, 36  [1955 

CHAPTER  35. 

AN  ACT  RELATING  TO  THE  COMMISSION  ON  UNIFORM 
STATE  LAWS. 

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

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

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


CHAPTER  36. 

AN  ACT  RELATIVE  TO  DONATIONS  FOR  HIGHWAY  PURPOSES. 

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

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

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

[Approved  March  12,  1955.] 


1955]  Chapters  37,  38  47 

CHAPTER  37. 

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

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

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

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

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

[Approved  March  12,  1955.] 


CHAPTER  38. 


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

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

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


48  Chapter  38  [1955 

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

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

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

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

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

[Approved  March  12,  1955.] 


1955]  Chapter  39  49 

CHAPTER  39. 

AN  ACT  RELATIVE  TO  THE  PAYMENT  OF  POLL  TAXES. 

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

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

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

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

[Approved  March  12,  1955.] 


50  Chapters  40, 41  [1955 

CHAPTER  40. 

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

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

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

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

[Approved  March  12,  1955.] 


CHAPTER  41. 

AN  ACT  RELATIVE  TO  HONORARY  HUNTING  AND  FISHING  LICENSES. 

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

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

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


1955]  Chapter  42  51 

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


CHAPTER  42. 

AN  ACT  PROVIDING  FOR  A  CONSTITUTIONAL  CONVENTION. 

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

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

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

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

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

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


52  Chapter  43  [1955 

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

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

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

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

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

[Approved  March  16,  1955.] 


CHAPTER  43. 

AN  ACT  RELATIVE  TO  ELK. 

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

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


1955]  Chapters  44, 45  53 

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

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

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

[Approved  March  16,  1955.] 


CHAPTER  44. 

AN  ACT  RELATIVE  TO  DESTRUCTION  OF  OLD  INSURANCE  RECORDS. 

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

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

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

[Approved  March  21,  1955.] 


CHAPTER  45. 


AN  ACT  TO  PROVIDE  FOR  THE  PERAMBULATION  OF  THE  MAINE 

AND  New  Hampshire  Boundary  line. 

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

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


54  Chapter  46  .  [1955 

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

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

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

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

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

[Approved  March  21,  1955.] 


CHAPTER  46. 

AN  ACT  TO  AUTHORIZE  SUMMARY  PROCEDURE  FOR  JUDGMENT 

IN  ACTIONS  OF  CONTRACT  TO  WHICH  THERE  IS  NO 

DEFENSE. 

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

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


1955]  Chapter  47  55 

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

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


CHAPTER  47. 


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

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

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


56  Chapter  47  [1955 

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

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

II.  To  administer  the  estate  according  to  law, 

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

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

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

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

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

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


1955]  Chapters  48,  49  57 

CHAPTER  48. 

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

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

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

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

[Approved  March  21,  1955.] 


CHAPTER  49. 

AN  ACT  NAMING  THE  HENRI  A.  BURQUE  DRIVE, 

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

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


58  Chapter  50  [1955 

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

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


CHAPTER  50. 


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

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

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

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

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

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


1955]  Chapter  50  59 

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

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

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

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

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

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

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


60  Chapter  50  [1955 

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

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

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

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

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


1955]  Chapter  50  61 

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

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

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

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

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

[Approved  March  23,  1955.] 


62  Chapter  51  [1955 

CHAPTER  51. 

AN  ACT  RELATIVE  TO  BUILDING  AND  LOAN  ASSOCIATIONS. 

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

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

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


1955]  Chapter  52  63 

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


CHAPTER  52. 


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

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

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

Chapter  228 
Sale  and  Distribution  of  Fertilizers 

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

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

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

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

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

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

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


64  Chapter  52  [1955 

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

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

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

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

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

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

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

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

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

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

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


1955]  Chapter  52  65 

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

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

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

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

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


66  Chapter  52  [1955 

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

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

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

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


1955]  Chapter  52  67 

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

8.     Seizure  of  Fertilizers  When  Assessments  Not  Paid.    The 

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


68  Chapter  52  [1955 

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

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

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

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

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

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


1955]  Chapter  52  69 

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

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

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

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

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


70  Chapter  52  [1955 

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

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

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

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


1955]  Chapter  53  71 

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

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

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


CHAPTER  53. 


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

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

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


72  Chapter  54  [1955 

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

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


CHAPTER  54. 


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

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

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

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

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

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

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

[Approved  March  26,  1955.] 


1955]  Chapters  55, 56  73 

CHAPTER  55. 

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

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

1.  Adjutant  General.  Amend  section  21  of  chapter  143  of 
the  Revised  Laws  as  amended  by  section  1,  chapter  175,  Laws 
of  1949,  and  by  section  1,  chapter  103,  Laws  of  1951,  (section 
21,  chapter  110,  RSA)  by  striking  out  the  words  "five  years'  " 
and  inserting  in  place  thereof  the  words,  two  years',  so  that 
said  section  as  amended  shall  read  as  follows:  21.  Staff. 
The  staff  of  the  commander-in-chief  shall  consist  of  the 
adjutant-general,  with  the  rank  initially  of  brigadier-general 
but  who  after  two  years'  service  in  that  rank  may  be  appointed 
to  the  rank  of  major-general,  who  shall  be  chief  of  staff,  and 
twelve  aides-de  camp,  four  of  whom  shall  be  detailed  from  the 
national  guard  and  four  appointed  from  those  who  served  in  the 
United  States  air  forces,  army,  navy,  or  marine  corps,  in  any 
war.  The  remaining  four  may  be  appointed  from  officers  or  ex- 
ofRcers  of  the  United  States  air  forces,  army,  navy,  or  marine 
corps,  or  of  the  national  guard,  or  of  the  various  officers'  re- 
serve corps,  or  from  civil  life. 

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

[Approved  March  26,  1955.] 


CHAPTER  56. 


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

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

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


74  Chapteb  57  [1955 

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

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

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

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


CHAPTER  57. 

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

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

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


1955]  Chapter  58  75 

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

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


CHAPTER  58. 

AN  ACT  RELATIVE  TO  AIRPORT  ZONING. 

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

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

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

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

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


76  Chapter  59  [1955 

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

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


CHAPTER  59. 


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

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

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

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

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


1955]  Chapters  60,  61  77 

CHAPTER  60. 

AN  ACT  RELATING  TO  WRITS  AND  THEIR  ENDORSEMENT. 

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

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

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

[Approved  April  1,  1955.] 


CHAPTER  61. 


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

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

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


78  Chapter  62  [1955 

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

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

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

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

[Approved  April  1, 1955.] 


CHAPTER  62. 

AN  ACT  RELATIVE  TO  ILLEGAL  NIGHT  HUNTING. 

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

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


1955]  Chapter  62  79 

same  is  being  transported,"  in  the  eighth  and  ninth  lines; 
further  amend  by  striking  out  the  word  "sufficient"  in  the 
fifteenth  line  and  inserting  in  place  thereof  the  words,  prima 
facie,  so  that  said  section  as  amended  shall  read  as  follows :  6. 
Possession  of  Jacks,  etc.  No  person  shall  have  in  his  possession 
any  jack  or  artificial  light,  swivel,  pivot,  or  set  gun  while  hunt- 
ing wild  birds  or  wild  animals,  including  unprotected  birds  and 
wild  animals  on  which  a  bounty  may  be  paid.  Any  person  con- 
victed of  illegal  night  hunting  shall  forfeit  such  firearms,  jacks, 
or  any  other  equipment  used  or  usable  in  the  illegal  night  hunt- 
ing at  the  time  of  such  violation.  The  deliberate  use  of  an 
artificial  light  between  one-half  hour  after  sunset  and  one-half 
hour  before  sunrise  to  illuminate,  jack,  or  to  show  up  wild 
animals  by  a  person  having  in  his  possession  a  rifle  larger  than 
a  22  cal.  rimfire  or  shotgun  with  shot  larger  than  No.  4,  either 
in  the  gun,  on  the  person,  or  in  an  automobile,  boat,  airplane  or 
other  craft  propelled  by  mechanical  power,  shall  be  prima  facie 
evidence  of  illegal  night  hunting.  Nothing  herein  contained 
shall  be  construed  to  prohibit  the  use  of  lights  for  hunting 
raccoon  as  permitted  in  section  3,  chapter  244. 

2.  Licenses.  Amend  section  11  of  chapter  247  of  the  Re- 
vised Laws,  as  amended  by  section  3,  chapter  171,  Laws  of  1951, 
(section  19,  chapter  214,  RSA)  by  inserting  after  the  word 
"thereof"  in  the  eighth  line  the  words,  except  for  a  conviction 
tinder  section  6  of  chapter  242,  as  amended,  in  which  case  the 
revocation  may  be  for  a  period  not  to  exceed  five  years,  so  that 
said  section  as  amended  shall  read  as  follows:  11.  Revocation 
for  Conviction.  The  director  may  revoke  the  license  of  any 
person  who  has  been  found  guilty  in  any  court  of  a  violation 
of  any  provision  of  this  title  or  any  rule  or  regulation  of  the 
director,  or  who  has  been  found  guilty  in  a  municipal  court  of 
a  violation  of  sections  7,  12  and  14-a  of  chapter  442  prohibiting 
trespassing  upon  improved  land  or  destroying  fences.  Such 
revocation  shall  not  continue  for  more  than  one  year  from  the 
date  thereof,  except  for  a  conviction  under  section  6  of  chapter 
242,  as  amended,  in  which  case  the  revocation  may  be  for  a 
period  not  to  exceed  five  years.  The  director  shall  revoke  the 
license  of  any  person  who  has  been  found  guilty  in  any  court  a 
second  time  within  five  years  of  the  fiirst  finding  of  guilt,  of  a 
violation  of  any  such  laws  or  regulations,  for  a  period  of  not 
less  than  one,  nor  more  than  three  years  from  the  date  of  such 
finding  or  conviction. 


80  Chapter  63  [1955 

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

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

[Approved  April  1,  1955.] 


CHAPTER  63. 


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

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

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


1955]  Chapter  63  81 

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

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

15.  Attachment. 

THE  STATE  OF  NEW  HAMPSHIRE 

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

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

of ,  of ,  in  said  county  of ,  to  the 

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

your  precinct,  to  appear  at  the  superior  court  at , 

in  said  county,  on  the Tuesday  of ,  to  answer 

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

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

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

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

Clerk. 

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

16.  Capias  and  Attachment. 

THE  STATE  OF  NEW  HAMPSHIRE 

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

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

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

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

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

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

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

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


82  Chapter  63  [1955 

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

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

Clerk. 

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

17.  Summons. 

THE  STATE  OF  NEW  HAMPSHIRE 

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

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

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

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

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

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

Clerk. 

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

18.  Trustee  Process. 

THE  STATE  OF  NEW  HAMPSHIRE 

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

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

of ,  in  said  county  of ,  to  the  value  of 

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

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

Tuesday  of ,  to  answer  to ,  of ,  in 

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

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

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

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

said  county  of   ,  to  the  value  of    dollars,  and 

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

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


1955]  Chapter  63  83 

recovered  by  said ,  against  said ,  and  make 

return  of  this  writ,  with  your  doings  therein. 

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

Clerk. 

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

10.     Replevin. 

THE  STATE  OF  NEW  HAMPSHIRE 

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

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

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

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

the  sum  of dollars,  with  sufficient  sureties,  to  prosecute 

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

the Tuesday  of ,  and  so  from  court  to  court  until 

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

said may  recover  against  him ;  and  we  also  command 

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

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

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

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

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

Clerk. 

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

20.     Scire  Facias. 

THE  STATE  OF  NEW  HAMPSHIRE 

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

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

the  justices  of  the  superior  court  holden  at ,  in  said 

county,  on  the Tuesday  of , ,  recovered 

judgment  against ,  of ,  for dollars 

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


84  Chapter  64  [1955 

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

been  returned  unsatisfied,  as  of  record  appears.  We  therefore 

command  you  to  summon  the  said  to  appear  at  the 

superior  court  at ,  in  said  county,  on  the Tuesday 

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

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

Witness ,  Esquire,  the day  of , 

Clerk. 

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


CHAPTER  64. 

AN  ACT  RELATING  TO  REAL  ESTATE  MORTGAGES. 

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

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

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

[Approved  April  1,  1955.] 


1955]  Chapters  65,  66  85 

CHAPTER  65. 

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

ANIMALS. 

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

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

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

[Approved  April  11,  1955.] 


CHAPTER  66. 


AN  ACT  RELATIVE  TO  WOUNDING  A  HUMAN  BEING  WHILE 
HUNTING. 

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

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


86  Chapter  67  [1955 

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

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

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

[Approved  April  11,  1955.] 


CHAPTER  67. 


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

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

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


1955]  Chapter  68  87 

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

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


CHAPTER  68. 

AN  ACT  RELATIVE  TO  THE  PRACTICE  OF  DENTISTRY. 

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

1.  Dentistry,  Dental-Hygienists.  Amend  section  18  of 
chapter  251  of  the  Revised  Laws  as  amended  by  section  2, 
chapter  142  of  the  Laws  of  1949  and  section  5,  chapter  51  of 
the  Laws  of  1951  (section  18,  chapter  317,  RSA)  by  striking 
out  the  word  "fifteen"  in  the  ninth  line  thereof  and  inserting 
in  place  thereof  the  words,  twenty-five,  so  that  said  section  as 
amended  shall  read  as  follows:  18.  Eligibility;  Examination; 
Registration.  Any  person  of  good  moral  character  and 
eighteen  years  of  age  or  over,  who  is  a  graduate  of  a  training 
school  for  dental-hygienists  requiring  a  course  of  not  less  than 
one  academic  year  and  approved  by  said  board,  or  who  is  a 
graduate  of  a  training  school  for  nurses  and  has  received  three 
months'  clinical  training  in  dental  hygiene  in  any  such  train- 
ing school  for  dental-hygienists,  may,  upon  the  payment  of 
twenty-five  dollars,  be  examined  by  said  board  in  the  subjects 
considered  essential  by  it  for  a  dental-hygienist,  and,  if  his 
examination  is  satisfactory,  shall  be  registered  as  a  dental- 
hygienist  and  given  a  certificate  allowing  him  to  clean  teeth  and 
apply  topically,  fluorine,  or  any  of  its  compounds,  and  any 
other  chemical  compound  or  combination  of,  or  series  of 
chemical  compounds,  which  may  be  found  to  be  effective  and 
approved  by  the  New  Hampshire  state  dental  board,  in  pre- 
venting caries  in  human  teeth,  under  the  direction  of  a 
registered  dentist  of  this  state,  and  in  public  or  private  schools, 
or  institutions,  upon  approval  by  the  local  board  of  health. 

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


88  Chapter  68  [1955 

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

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

4.  Certificates.  Amend  section  22  of  chapter  251  of  the 
Revised  Laws  as  amended  by  section  6  of  chapter  51  of  the 
Laws  of  1951  (section  22,  chapter  317,  RSA)  by  inserting  after 
the  word  "dollars"  in  the  second  line  thereof  the  words,  for 
issuing  a  certificate  under  sections  18  and  18-a  twenty-five 
dollars,  so  that  said  section  as  amended  shall  read  as  follows : 
22.  Fees.  The  fee  for  issuing  a  license  under  section  20  shall 
be  fifty  dollars,  for  issuing  a  certificate  under  sections  18  and 
18-a  twenty-five  dollars,  and  for  issuing  a  certificate  under 
section  21,  five  dollars.  In  each  case  the  fee  shall  be  paid  in 
advance. 

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


1955]  Chapter  69  89 

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

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


CHAPTER  69. 

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

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

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

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

[Approved  April  11,  1955.] 


90  Chapter  70  [1955 

CHAPTER  70. 

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

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

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

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

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

[Approved  April  11,  1955.] 


1955]  Chapters  71, 72  91 

CHAPTER  71. 

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

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

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

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

[Approved  April  11,  1955.] 


CHAPTER  72. 

AN  ACT  RELATIVE  TO  ESTATE  TAXES. 

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

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


92  Chapter  73  [1955 

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

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


CHAPTER  73. 

AN  ACT  RELATING   TO  AERONAUTICAL   FUNDS. 

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

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


1955]  Chapter  73  93 

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

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


94  Chapter  74  [1955 

CHAPTER  74. 

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

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

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

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


1955]  Chapter  75  95 

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

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


CHAPTER  75. 


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

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

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


96  Chapter  76  [1955 

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

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


CHAPTER  76. 

AN  ACT  RELATING  TO  MOTOR  VEHICLE  FINANCIAL  RESPONSIBILITY. 

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

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


1955]  Chapter  76  97 

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

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

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


98  Chapter  76  [1955 

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

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

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


1955]  Chapter  77  99 

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

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

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

[Approved  April  16,  1955.] 


CHAPTER  77. 


AN  ACT  RELATIVE  TO  COMPENSATION   OF  APPEAL  TRIBUNAL 

AND  ADVISORY  COUNCIL  MEMBERS  UNDER  THE 

UNEMPLOYMENT  COMPENSATION  LAW. 

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

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


100  Chapter  77  [1955 

shall  appoint  one  or  more  impartial  appeal  tribunals  consisting 
in  each  case  of  either  a  salaried  examiner,  or  a  body  consisting 
of  three  members,  one  of  whom  shall  be  a  salaried  examiner, 
who  shall  serve  as  chairman,  one  of  whom  shall  be  a  repre- 
sentative of  employers  and  the  other  of  whom  shall  be  a  repre- 
sentative of  employees;  each  of  the  latter  two  members  shall 
serve  at  the  pleasure  of  the  director  and  be  paid  a  fee  of  not 
more  than  twenty  dollars  per  day  of  active  service  on  such 
tribunal  plus  necessary  expenses.  No  person  shall  participate 
on  behalf  of  the  director  in  any  case  in  which  he  is  an  interested 
party.  The  director  may  designate  alternates  to  serve  in  the 
absence  or  disqualification  of  any  member  of  an  appeal  tribunal. 
The  chairman  shall  act  alone  in  the  absence  or  disqualification 
of  any  other  member  and  his  alternates.  In  no  case  shall  the 
hearings  proceed  unless  the  chairman  of  the  appeal  tribunal  is 
present. 

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


1955]  Chapter  78  101 

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

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

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

[Approved  April  16,  1955.] 


CHAPTER  78. 

AN  ACT  RELATIVE  TO  FIELD  TRIALS  FOR  DOGS. 

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

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


102  Chapter  79  [1955 

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

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


CHAPTER  79. 

AN  ACT  RELATIVE  TO  THE  DEFINITION  OF  GROUP  LIFE  INSURANCE. 

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

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

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

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

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

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


1955]  Chapter  79  103 

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

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

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

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

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


104  Chapter  79  [1955 

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

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

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

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

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

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


1955]  Chapter  79  105 

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

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

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

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

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

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


106  Chapter  79  [1955 

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

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

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

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

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

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

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


1955]  Chapter  80  107 

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

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

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

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

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

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

[Approved  April  16,  1955.] 


CHAPTER  80. 

AN  ACT  RELATING  TO  REPORTS  OF  REGISTER  OF  DEEDS. 

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

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


108  Chapter  81  [1955 

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

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


CHAPTER  81. 


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

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

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

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

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


1955]  Chapter  81  109 

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

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

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

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

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

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

[Approved  April  16,  1955.] 


no  Chapters  82,  83  [1955 

CHAPTER  82. 

AN  ACT  RELATIVE  TO  WATER  POLLUTION,  RECLAMATION  PROJECTS. 

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

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

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

[Approved  April  16,  1955.] 


CHAPTER  83. 

AN  ACT  ESTABLISHING  PLANT  AND  SEED  CERTIFICATION. 

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

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

Chapter  223-B 
Plant  and  Seed  Certification 

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

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


1955]  Chapter  83  111 

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

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

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

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

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

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

passage. 

[Approved  April  16,  1955.] 


112  Chapters  84,  85  [1955 

CHAPTER  84. 

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

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

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

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

[Approved  April  16, 1955.] 


CHAPTER  85. 


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

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

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

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

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

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


1955]  Chapter  85  113 

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

2.  State   Department   of   Agriculture   to   Administer.     In 

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

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

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


114  Chapter  85  [1955 

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

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

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

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


1955]  Chapter  86  115 

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


CHAPTER  86. 


AN  ACT  LICENSING  BULK  MILK  COLLECTOR  TANK  DRIVERS  AND 

CONCERNS  OPERATING  BULK  MILK  COLLECTION 

TANK  ROUTES  IN  NEW  HAMPSHIRE. 

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

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

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

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


116  Chapter  87  [1955 

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

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

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

[Approved  April  16,  1955.] 


CHAPTER  87. 


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

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

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


1955]  Chapter  88  117 

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

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


CHAPTER  88. 


an  act  to  amend  the  religious  corporations  law  in 

relation  to  the  incorporation  of 

Orthodox  parishes. 

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

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

Orthodox  Parishes 

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

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


118  Chapter  89  [1955 

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

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

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

[Approved  April  21,  1955.] 


CHAPTER  89. 


AN  ACT  CONTINUING  THE  COMMISSION  TO  STUDY  THE  USE  OF 

ASSIGNED   TELEVISION    CHANNELS   FOR  EDUCATIONAL 

PURPOSES. 

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

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

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


1955]  Chapter  90  119 

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

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


CHAPTER  90. 


an  act  providing  for  the  application  of  motor  vehicle 

laws  on  highways  on  land  owned  by  the 

United  States  of  America. 

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

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

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

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

[Approved  April  26,  1955.] 


120  Chapters  91,  92  [1955 

CHAPTER  91. 

AN  ACT  PROVIDING  FOR  THE  CLASSIFICATION  OF  CERTAIN  SURFACE 

WATERS  IN  Grafton  county. 

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

1.  Classification.  On  and  after  the  effective  date  of  this 
act  the  following  surface  waters  shall  be  classified  in  accordance 
with  the  provisions  of  chapter  166-A  of  the  Revised  Laws  as 
inserted  by  chapter  183,  Laws  of  1947  and  amended  by  chap- 
ter 1,  Laws  of  1950  (chapter  149,  RSA)  as  follows: 

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

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


CHAPTER  92. 

an  act  to  PROVIDE  COVERAGE  FOR  CERTAIN  CIVILIAN  EMPLOYEES 

OF    THE    NATIONAL    GUARD    UNDER    THE    OLD   AGE    AND 

SURVIVORS  INSURANCE  PROVISION  OF  TITLE  II 

OF  THE  Federal  Social  Security  Act, 
AS  amended. 

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

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


1955]  Chapter  93  121 

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

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

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

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


CHAPTER  93. 


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

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

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


122  Chapter  94  [1955 

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

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


CHAPTER  94. 


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

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

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

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


1955]  Chapter  94  123 

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

3.  Surety.  Amend  paragraph  VI  of  section  5  of  chapter 
122  of  the  Revised  Laws  as  inserted  by  section  2  of  chapter  66 
of  the  Laws  of  1951  (section  5,  chapter  268,  RSA)  by  striking 
out  the  words  "or  bond"  in  the  first,  sixth,  seventh,  thirteenth 
and  fourteenth  lines  thereof  so  that  said  paragraph  as  amend- 
ded  shall  read  as  follows :  VL  No  such  policy  shall  be  effective 
under  this  section  unless  issued  by  an  insurance  company  or 
surety  company  authorized  to  do  business  in  this  state,  except 
that  if  such  motor  vehicle  was  not  registered  in  this  state,  or 
was  a  motor  vehicle  which  was  registered  elsewhere  than  in 
this  state  at  the  effective  date  of  the  policy  or  the  most  recent 
renewal  thereof,  such  policy  may  be  accepted  from  an  insur- 
ance company  or  surety  company  not  authorized  to  do  business 
in  this  state  if  it  shall  be  approved  by  the  insurance  commis- 
sioner of  this  state  and  shall  execute  a  power  of  attorney 
authorizing  the  commissioner  of  motor  vehicles  to  accept 
service  on  its  behalf  of  notice  or  process  in  any  action  involving 
such  policy  arising  out  of  such  accident;  provided,  however, 
every  such  policy  shall  provide  the  same  degree  of  security  as 
required  by  this  chapter. 

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


124  Chapter  95  [1955 

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

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


CHAPTER  95. 


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

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

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

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


1955]  Chapter  96  125 

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

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


CHAPTER  96. 


AN  ACT  RELATIVE  TO  MEMBERSHIP  OF  THE  WATER  POLLUTION 

COMMISSION. 

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

1.  Water  Pollution  Commission.  Amend  paragraph  I  of 
section  2,  chapter  166-A,  Revised  Laws,  as  inserted  by  chapter 
183,  Laws  of  1947  (paragraph  I,  section  2,  chapter  149,  RSA) 
by  striking  out  the  word  "executive"  in  the  eighth  line  and  in- 
serting in  place  thereof  the  word,  planning,  so  that  said  para- 
graph as  amended  shall  read  as  follows:  L  There  is  hereby 
created  a  commission  to  be  known  as  the  New  Hampshire 
Water  Pollution  Commission  which  shall  consist  of  one  member 
to  be  appointed  by  the  governor  with  the  consent  of  the  council 
for  a  term  of  six  years,  who  shall  act  as  chairman  of  said  com- 
mission; the  state  health  officer;  the  director  of  the  fish  and 
game  department;  the  director  of  the  division  of  recreation  of 
the  forestry  and  recreation  department;  the  planning  director 
of  the  planning  and  development  commission ;  one  of  the  com- 
missioners of  the  public  service  commission  to  be  named  by  the 
governor  with  the  consent  of  the  council;  the  chairman  of 
water  resources  board;  three  members-at-large,  two  of  whom 
shall  represent  the  industrial  interests  of  the  state  and  the 
other  an  employee  of  any  municipal  or  private  water  works  of 
the  state.  The  director  of  the  division  of  sanitary  engineering 
of  the  state  department  of  health  shall  act  as  technical  secre- 
tary without  voting  powers  or  privileges.  The  members-at- 
large  shall  be  appointed  by  the  governor  with  the  consent  of 
the  council,  and  each  shall  hold  office  for  a  term  of  six  years 
and  until  his  successor  shall  be  appointed  and  qualified;  pro- 


126  Chapter  97  [1955 

vided  that  the  original  appointments  shall  be  one  for  a  term  of 
two  years,  one  for  a  term  of  four  years  and  one  for  a  term  of 
six  years.  The  members-at-large  shall  receive  no  compensation 
for  their  services  but  shall  receive  necessary  traveling  and 
other  expenses  while  engaged  in  actual  work  of  the  commission. 
The  other  members  of  the  commission  shall  receive  no  addi- 
tional compensation  for  their  services  as  members  of  this  com- 
mission other  than  their  regular  salaries  or  per  diem  expenses 
from  their  respective  state  departments,  but  shall  receive  their 
necessary  traveling  and  other  expenses  while  engaged  in  actual 
work  of  the  commission,  which  said  expenses  shall  be  paid  from 
the  appropriations  of  this  commission. 

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


CHAPTER  97. 


AN  ACT  RELATIVE  TO  TAKING  OTTER  DURING  SPECIAL  OPEN  SEASON 
FOR  TAKING  BEAVER. 

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

1.  Fur-bearing  Animals.  Amend  section  1  of  chapter  244 
of  the  Revised  Laws  (section  1,  chapter  210,  RSA)  as  amended 
by  chapter  65,  Laws  of  1955,  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  1.  Otter,  Mink,  etc. 
Otter,  mink,  skunk,  or  muskrat  may  be  taken  and  possessd 
from  November  first  to  February  first.  In  addition  to  the  above 
open  season  otter  may  be  taken  and  possessed  at  any  time 
when  and  any  place  where  the  director  has  declared  an  open 
season  as  provided  in  section  6. 

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

[Approved  April  26,  1955.] 


1955]  Chapter  98  127 

CHAPTER  98. 

AN  ACT  RELATIVE  TO  WORKMEN'S  COMPENSATION. 

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

1.  Notice  of  Claim.  Amend  section  14,  chapter  216  of  the 
Revised  Laws  as  inserted  by  section  1,  chapter  266,  Laws  of 
1947  (section  16,  chapter  281,  RSA)  by  striking  out  the  words 
"six  months"  in  the  eighth,  tenth  and  thirteenth  lines  and  in- 
serting in  place  thereof  the  words,  ninety  days,  so  that  said 
section  as  amended  shall  read  as  follows:  14.  Notice  of 
Claim.  No  proceedings  for  compensation,  other  than  medical, 
hospital  services,  other  remedial  care,  or  property  damage  as 
provided  in  the  following  sections,  shall  be  maintained  unless 
notice  of  the  accident  as  hereinafter  provided  has  been  given 
to  the  employer  as  soon  as  practicable  after  the  happening 
thereof,  and  before  the  workman  has  voluntarily  left  the  em- 
ployment in  which  he  was  injured,  and  within  ninety  days  from 
the  occurrence  of  the  accident;  or  in  case  of  the  death  of  the 
workman,  or  in  the  event  of  his  physical  or  mental  incapacity, 
within  ninety  days  after  such  death  or  the  removal  of  such 
physical  or  mental  incapacity;  or,  in  the  event  that  weekly 
payments  have  been  made  hereunder,  within  ninety  days  after 
.such  payments  have  ceased. 

2.  Contents.  Amend  section  16  of  said  chapter  216  (sec- 
tion 18,  chapter  281,  RSA)  by  inserting  after  the  word 
"accident"  in  the  first  line  the  words,  in  writing  on  blanks  to 
be  approved  by  the  commissioner  of  labor,  so  that  said  section 
as  amended  shall  read  as  follows:  16.  Contents.  Notice  of 
the  accident  in  writing  on  blanks  to  be  approved  by  the  com- 
missioner of  labor  shall  apprise  the  employer  of  the  claim  for 
compensation  hereunder,  and  shall  state  the  name  and  address 
of  the  workman  injured,  and  the  date  and  place  of  the  accident. 

3.  Compensation  for  Death.  Amend  the  first  paragraph  of 
section  20  of  said  chapter  216,  as  amended  by  chapter  202, 
Laws  of  1949,  chapter  74,  Laws  of  1951  and  chapter  69,  Laws 
of  1953  (section  22,  chapter  281,  RSA)  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the  following:  If 
death  results  from  the  injury,  the  employer  shall  pay  to,  or  for 
the  dependent  or  dependents  of  the  deceased  employee,  as  de- 


128  Chapter  98  [1955 

fined  in  section  1,  for  a  period  not  to  exceed  three  hundred  and 
forty-one  weeks,  a  weekly  compensation  equal  to  sixty-six  and 
two-thirds  per  cent  of  the  deceased  employee's  average  weekly 
wages,  but  not  less  than  twenty  nor  more  than  thirty-three 
dollars  per  week  unless  the  injured  employee's  average  weekly 
wages  as  defined  herein  are  less  than  twenty  dollars  per  week, 
in  which  case  the  compensation  shall  be  the  full  amount  of  said 
average  weekly  wages ;  provided  that  the  total  amount  payable 
on  account  of  a  single  death  shall  not  exceed  the  sum  of  eleven 
thousand  two  hundred  and  fifty  dollars.  Any  weekly  payments 
made  under  sections  21,  23,  or  24  shall  be  deducted  from  the 
total  period  of  three  hundred  and  forty-one  weeks  and  the 
maximum  of  eleven  thousand  two  hundred  and  fifty  dollars. 

4.  Compensation  for  Death.  Amend  paragraph  IV  of  said 
section  20  by  striking  out  the  word  "three"  in  the  second  line 
and  inserting  in  place  thereof  the  word,  five,  so  that  said  para- 
graph as  amended  shall  read  as  follows :  IV.  If  the  deceased 
employee  leaves  no  dependents,  the  employer  shall  pay  the 
expenses  of  burial  not  exceeding  five  hundred  dollars. 

5.  Compensation  for  Temporary  Total  Disability.  Amend 
section  21  of  said  chapter  216,  as  amended  by  section  2,  chapter 
202,  Laws  of  1949  and  section  2,  chapter  69,  Laws  of  1953 
(section  23,  chapter  281,  RSA)  by  striking  out  the  word  "ten" 
in  the  eighth  and  eleventh  lines  and  inserting  in  place  thereof 
the  word,  twelve;  further  amend  by  striking  out  the  word 
"nineteen"  in  the  fourteenth  and  seventeenth  lines  and  insert- 
ing in  place  thereof  the  word,  forty-one,  so  that  said  section  as 
amended  shall  read  as  follows:  21.  Compensation  for  Tem- 
porary Total  Disability.  Where  the  injury  causes  total  dis- 
ability for  work  at  any  gainful  occuption  the  employer,  during 
such  disability,  but  not  including  the  first  seven  days  thereof, 
unless  such  disability  continues  for  seven  days  or  longer,  shall 
pay  the  injured  employee  a  weekly  compensation  equal  to 
sixty-six  and  two-thirds  per  cent  of  the  employee's  average 
weekly  wages,  but  not  less  than  twelve  dollars  nor  more  than 
thirty-three  dollars  per  week,  unless  the  injured  employee's 
average  weekly  wages  as  defined  herein  are  less  than  twelve 
dollars  per  week,  in  which  case  the  compensation  shall  be  the 
full  amount  of  said  average  weekly  wages.  Payments  shall  not 
continue  after  the  disability  ends  nor  longer  than  three  hun- 
dred and  forty-one  weeks,  and  in  case  the  total  disability  be- 


1955]  Chapter  98  129 

gins  after  a  period  of  partial  disability,  the  period  of  partial 
disability  shall  be  deducted  from  such  total  period  of  three 
hundred  and  forty-one  weeks. 

6.  Compensation  for  Permanent  Total  Disability.  Amend 
section  22  of  said  chapter  216,  as  amended  by  section  2,  chapter 
74,  Laws  of  1951  and  section  3,  chapter  69,  Laws  of  1953 
(section  24,  chapter  281,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  22.  Compensation 
for  Permanent  Total  Disability.  In  case  of  the  following  in- 
juries, the  disability  caused  thereby  shall  be  deemed  total  and 
permanent. 

I.  Total  and  permanent  loss  of  sight  in  both  eyes ; 

II.  The  loss  of  both  feet  at  or  above  the  ankle ; 

III.  The  loss  of  both  hands  at  or  above  the  wrist ; 

IV.  The  loss  of  one  hand  and  one  foot ; 

V.  An  injury  to  the  spine  resulting  in  permanent  and 
complete  paralysis  of  both  legs  or  both  arms,  or  of  one  leg  and 
of  one  arm;  and 

VI.  An  injury  to  the  skull  resulting  in  incurable  im- 
becility or  insanity. 

The  above  enumeration  is  not  to  be  taken  as  exclusive.  Com- 
pensation for  permanent  total  disabilities  shall  be  computed  as 
provided  in  section  21,  except  that  the  minimum  shall  be  not 
less  than  twenty  dollars  a  week,  unless  the  injured  employee's 
average  weekly  wages  as  defined  herein  are  less  than  twenty 
dollars  per  week,  in  which  case  the  compensation  shall  be  the 
full  amount  of  said  average  weekly  wages.  The  total  amount 
payable  on  account  of  one  accident  shall  not  exceed  eleven 
thousand  two  hundred  and  fifty  dollars. 

7.  Compensation  for  Temporary  Partial  Disability.  Amend 
section  23  of  said  chapter  216,  as  amended  by  section  4,  chap- 
ter 69,  Laws  of  1953  (section  25,  chapter  281,  RSA)  by  strik- 
ing out  the  word  "nineteen"  in  the  tenth  and  thirteenth  lines 
and  inserting  in  place  thereof  the  word,  forty-one,  so  that  said 
section  as  amended  shall  read  as  follows :  23.  Compensation 
for  Temporary  Partial  Disability.  Where  the  disability  for 
work  resulting  from  an  injury  is  partial,  the  employer  during 
such  disability,  but  not  including  the  first  seven  days  thereof, 
unless  such  disability  continues  for  seven  days  or  longer,  shall 
pay  to  the  injured  employee  a  weekly  compensation  equal  to 


130  Chapter  98  [1955 

sixty-six  and  two-thirds  per  cent  of  the  difference  between 
his  average  weekly  wage  before  the  injury  and  the  average 
weekly  wage  which  he  is  able  to  earn  thereafter.  Payments 
shall  not  continue  after  the  disability  ends,  nor  longer  than 
three  hundred  and  forty-one  weeks,  and  in  case  the  partial 
disability  begins  after  a  period  of  total  disability,  the  period 
of  total  disability  shall  be  deducted  from  such  total  period  of 
three  hundred  and  forty-one  weeks. 

8.  Compensation.  Amend  section  24  of  said  chapter  216, 
as  amended  by  section  1,  chapter  75,  Laws  of  1951  and  section 
5,  chapter  69,  Laws  of  1953  (section  26,  chapter  281,  RSA)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  24.  Permanent  Partial  Disability.  In  case  of 
disability  partial  in  character  but  permanent  in  quality,  com- 
pensation computed  as  provided  in  section  21,  except  that  the 
minimum  shall  be  not  less  than  twenty  dollars  a  week  unless 
the  injured  employee's  average  weekly  wages  as  defined  herein 
are  less  than  twenty  dollars  per  week,  in  which  case  the  com- 
pensation shall  be  the  full  amount  of  said  average  weekly 
wages,  shall  be  paid  to  the  employee  as  follows : 

L  Arm  lost,  two  hundred  fourteen  weeks'  compensation, 
plus  for  actual  healing  period  not  in  excess  of  thirty-four 
weeks'  compensation; 

IL  Hand  lost,  one  hundred  seventy-five  weeks'  compen- 
sation, plus  for  actual  healing  period  not  in  excess  of  thirty- 
four  weeks'  compensation; 

in.  Thumb  lost,  fifty  weeks'  compensation,  plus  for 
actual  healing  period  not  in  excess  of  twenty-six  weeks'  com- 
pensation ; 

IV.  Index  finger  lost,  thirty-one  weeks'  compensation, 
plus  for  actual  healing  period  not  in  excess  of  nineteen  weeks' 
compensation ; 

V.  Middle  finger  lost,  twenty-six  weeks'  compensation, 
plus  for  actual  healing  period  not  in  excess  of  thirteen  weeks' 
compensation ; 

VI.  Ring  finger  lost,  nineteen  weeks'  compensation,  plus 
for  actual  healing  period  not  in  excess  of  nine  weeks'  compen- 
sation ; 

VII.  Little  finger  lost,  thirteen  weeks'  compensation, 
plus  for  actual  healing  period  not  in  excess  of  nine  weeks'  com- 
pensation ; 


1955]  Chapter  98  131 

VIII.  Leg  lost,  two  hundred  fourteen  weeks'  compen- 
sation, plus  for  actual  healing  period  not  in  excess  of  forty- 
three  weeks'  compensation; 

IX.  Foot  lost,  one  hundred  fifty-one  weeks'  compensation, 
plus  for  actual  healing  period  not  in  excess  of  thirty-four 
weeks'  compensation; 

X.  Great  toe  lost,  twenty-six  weeks'  compensation,  plus 
for  actual  healing  period  not  in  excess  of  thirteen  weeks'  com- 
pensation ; 

XI.  Toe  other  than  great  toe  lost,  ten  weeks'  compen- 
sation, plus  for  actual  healing  period  not  in  excess  of  nine 
weeks'  compensation; 

XII.  Eye  lost,  one  hundred  twenty-six  weeks'  compen- 
sation, plus  for  actual  healing  period  not  in  excess  of  twenty- 
one  weeks'  compensation; 

XIII.  Loss  of  hearing  in  one  ear,  fifty-two  weeks'  com- 
pensation ; 

XIV.  Loss  of  hearing  in  both  ears,  two  hundred  four- 
teen weeks'  compensation ; 

XV.  Compensation  for  the  loss  of  more  than  one 
phalange  of  a  digit  shall  be  the  same  as  for  the  loss  of  an  entire 
digit.  Compensation  for  the  loss  of  the  first  phalange  shall  be 
one-half  of  the  compensation  for  the  loss  of  the  entire  digit ; 

XVI.  Compensation  for  an  arm  or  leg  if  amputated  at 
or  above  the  elbow  or  at  or  above  the  knee,  shall  be  the  same  as 
for  the  loss  of  the  arm  or  leg,  but  if  amputated  between  the 
elbow  and  the  wrist,  or  the  knee  and  the  ankle  shall  be  the 
same  as  for  the  loss  of  hand  or  foot ; 

XVII.  Compensation  for  loss  of  eighty  per  cent  or  more 
of  the  vision  of  an  eye  shall  be  the  same  as  for  the  loss  of  an 
eye; 

XVIII.  Compensation  for  loss  of  two  or  more  digits  or 
one  or  more  phalanges  of  two  or  more  digits  of  a  hand  or  foot, 
may  be  proportioned  to  the  loss  of  use  of  hand  or  foot 
occasioned  thereby,  but  shall  not  exceed  the  compensation  for 
loss  of  hand  or  foot; 

XIX.  Compensation  for  permanent  total  loss  of  use  of  a 
member  shall  be  the  same  as  for  the  loss  of  the  member ;  pro- 
vided however  that  if  amputation  or  surgery  subsequently  be- 
comes necessary  with  respect  to  such  member  either  because 


132  Chapter  98  [1955 

of  the  original  injury  or  because  of  a  subsequent  accident  said 
employee  shall  be  entitled  to  an  additional  healing  period  not 
to  exceed  that  provided  for  loss  of  said  member,  provided 
further  that  said  employee  shall  not  be  entitled  to  additional 
compensation  for  loss  of  said  member; 

XX.  Compensation  for  permanent  partial  loss  of  use  of 
a  member  shall  bear  such  relation  to  the  amounts  stated  in 
the  preceding  paragraphs  as  the  disabilities  bear  to  those  pro- 
duced by  the  injuries  named  in  said  paragraph;  provided  how- 
ever that  if  amputation  or  surgery  subsequently  becomes 
necessary  with  respect  to  such  member  either  because  of  the 
original  injury  or  because  of  a  subsequent  accident  said  em- 
ployee shall  be  entitled  to  an  additional  healing  period  not  to 
exceed  that  provided  in  the  case  of  loss  of  said  member,  pro- 
vided further  that  said  employee  shall  be  entitled  to  additional 
compensation  in  an  amount  not  exceeding  the  difference  be- 
tween the  amount  provided  for  loss  of  said  member  and  the 
amount  previously  awarded  under  this  paragraph; 

XXL  Compensation  for  loss  of  less  than  one  phalange 
of  a  digit  shall  be  not  less  than  one-quarter  of  the  compensation 
for  the  entire  digit ; 

XXII.  In  the  event  that  an  employee  has  been  awarded 
compensation  for  loss  of  a  member  under  this  section  and  in 
the  event  that  amputation  or  surgery  becomes  necessary,  with 
respect  to  another  member  of  which  the  original  member  was 
or  is  a  component  part,  either  because  of  the  original  injury 
or  because  of  a  subsequent  accident  said  employee  shall  be  en- 
titled to  an  additional  healing  period  not  to  exceed  that  pro- 
vided for  loss  of  the  member  with  respect  to  which  surgery 
or  amputation  is  necessary;  provided  further  that  said  em- 
ployee shall  be  entitled  to  additional  compensation  in  an  amount 
not  exceeding  the  difference  between  the  amount  originally 
awarded  and  the  amount  provided  for  loss  of  the  member  with 
respect  to  which  amputation  or  surgery  subsequently  becomes 
necessary. 

9.  Maximum  Benefits,  Limitation  of.  Amend  section  28 
of  said  chapter  216,  as  amended  by  section  3,  chapter  202,  Laws 
of  1949,  section  3,  chapter  74,  Laws  of  1951,  and  section  6, 
chapter  69,  Laws  of  1953  (section  30,  chapter  281,  RSA)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:     28.    Maximum  Benefits.     In  no  case,  except  as 


1955]  Chapter  98  133 

provided  in  sections  20,  22,  24,  and  27,  shall  the  weekly  com- 
pensation payable  under  this  chapter  exceed  sixty-six  and  two- 
thirds  per  cent  of  the  average  weekly  wages,  or  exceed  thirty- 
three  dollars  per  week  in  amount,  nor  shall  the  total  compen- 
sation exceed  the  sum  of  eleven  thousand  two  hundred  and 
fifty  dollars,  nor  shall  any  payments,  including  medical,  hospi- 
tal services,  and  other  remedial  care  under  section  19,  extend 
over  a  period  of  more  than  three  hundred  and  forty-one  weeks 
from  the  date  of  the  injury. 

10.  Hearings  and  Awards.  Amend  section  35  of  said 
chapter  216,  as  amended  by  section  1,  chapter  277,  Laws  of 
1949  (section  37,  chapter  281,  RSA)  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  35.  Hear- 
ings and  Awards.  If  the  compensation  is  not  fixed  by  agree- 
ment, either  party  may  petition  for  hearing  and  award  in  the 
premises  to  the  commissioner  of  labor.  When  the  petition  for 
hearing  and  award  in  the  premises  is  made  by  either  party, 
said  commissioner  shall  set  a  time  and  place  for  hearing  and 
give  at  least  fourteen  days'  notice  thereof  to  the  parties  by 
giving  notice  in  hand  or  by  registered  mail  sent  to  his  last 
known  place  of  abode.  At  such  hearing  full  consideration  shall 
be  given  to  all  evidence  which  may  be  presented  and  within 
thirty  days  thereafter  said  commissioner  shall  make  his  award 
setting  forth  his  findings  of  fact  and  the  law  applicable  there- 
to, and  shall  forthwith  send  to  each  of  the  parties  a  copy  of 
such  award.  Petition  for  hearing  and  award  in  the  premises 
may  be  made  by  either  party  to  the  superior  court,  on  appeal 
from  an  award  made  by  the  commissioner  of  labor,  the 
venue  to  be  according  to  civil  actions  in  personam  between 
the  same  parties,  and  the  court  shall  set  a  time  and  place 
for  hearing  and  order  at  least  fourteen  days'  notice  thereof 
to  the  parties.  Such  petition  shall  be  filed  within  sixty  days 
of  the  date  of  said  commissioner's  award.  At  such  hearing  a 
full  trial  shall  be  had  before  a  justice  of  the  superior  court, 
without  jury,  and  within  thirty  days  thereafter  the  court 
shall  make  its  award  setting  forth  its  findings  of  fact  and  the 
law  applicable  thereto,  and  the  clerk  of  court  shall  forthwith 
send  to  each  of  the  parties  and  to  the  commissioner  of  labor 
copies  of  such  award. 

11.  Modification     of    Awards    and     Agreements;    Effect. 

Amend  section  38,  of  said  chapter  216,  as  amended  by  section 


134  Chapter  99  [1955 

4,  chapter  277,  Laws  of  1949  (section  40,  chapter  281,  RSA) 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  38.  Modification  of  Awards  and  Agreements; 
Effect.  Upon  application  of  any  party  in  interest  upon  the 
ground  of  change  in  the  conditions,  mistake  as  to  nature  or 
extent  of  injury  or  disability,  fraud,  undue  influence  or  coer- 
cion, the  commissioner  of  labor  may,  not  later  than  one  year 
after  the  date  of  the  last  payment  fixed  by  the  award,  review 
said  award,  and  upon  such  review,  may  make  an  order  ending, 
diminishing  or  increasing  the  compensation  previously 
awarded,  subject  to  the  maximum  or  minimum  provided  in 
this  chapter  and  shall  state  his  conclusions  of  fact  and  rulings 
of  law.  Such  a  review  shall  not  affect  such  award  as  regards 
any  money  already  paid.  All  procedure  on  such  an  application 
shall  be  the  same  as  herein  provided  for  original  hearings. 
Appeal  from  the  decision  of  the  commissioner  of  labor  to  the 
superior  court  may  be  made  in  the  same  manner  as  provided  in 
section  35. 

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


CHAPTER  99. 


AN  ACT  RELATIVE  TO  ANNUAL  REPORTS  BY  SMALL  LOAN 

LICENSEES  AND  THE  ISSUANCE  OF  LICENSES  FOR 

SMALL  LOAN  BUSINESS. 

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

1.  Small  Loans.  Amend  section  14-a  of  chapter  319  of  the 
Revised  Laws,  as  inserted  by  chapter  217,  Laws  of  1949 
(section  15,  chapter  399,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following :  14-a.  Annual  Report. 
Every  licensee  shall  file  annually  with  the  bank  commissioner 
within  thirty  days  after  the  last  business  day  of  June  in  each 
year  a  report  under  oath  setting  forth  such  relevant  informa- 
tion as  he  reasonably  may  require  concerning  the  condition  of 
the  business  as  of  June  thirtieth  for  each  licensed  place  of  busi- 
ness conducted  by  such  licensee  within  the  state.  Among  other 


1955]  Chapter  99  135 

things,  such  report  shall  identify  the  licensee  and  licensed 
place  of  business  and  set  forth  a  list  of  all  the  assets  used  and 
useful  in  conducting  the  business,  both  tangible  and  intangible, 
the  gross  income  and  expenses  including  all  taxes  for  the  year, 
the  earnings  of  the  year  and  the  rate  thereof  in  relation  to 
all  assets.  The  income  and  expenses  may  be  reconciled  to  the 
surplus  account.  The  report  shall  also  set  forth  the  number 
and  dollar  size  of  loans  made  during  the  year  and  outstanding 
at  the  beginning  and  end  of  the  year;  loans  shall  be  classified 
by  size  and  collateral;  it  shall  require  a  summary  of  delin- 
quency and  seizure  of  chattels  in  use  by  the  borrower  and  court 
actions  shall  be  given.  Such  report  shall  be  in  the  form  pre- 
scribed by  the  commissioner  who  shall  make  and  publish 
annually  an  analysis  and  recapitulation  of  such  reports  for  the 
entire  state. 

2,  Small  Loan  Licenses.  Amend  section  6  of  chapter  319 
of  the  Revised  Laws  (chapter  399,  section  6,  RSA)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
6.  Issue  and  Denial.  Upon  the  filing  of  such  application,  the 
approval  of  said  bond  and  the  payment  of  said  fee,  the  com- 
missioner, if  the  applicant  is  safe,  reliable  and  entitled  to  con- 
fidence and  if  the  commissioner  finds  that  allowing  the  appli- 
cant to  engage  in  business  will  promote  the  convenience  and 
advantage  of  the  community  in  which  the  business  of  the 
applicant  is  to  be  conducted  shall  issue  a  license  to  the  appli- 
cant to  make  loans  in  accordance  with  the  provisions  of  this 
chapter.  Such  license  shall  not  be  assigned.  If  the  commis- 
sioner shall  not  so  find,  he  shall  enter  an  order  denying  such 
application  and  forthwith  notify  the  applicant  of  the  denial, 
returning  the  license  fee.  Within  ten  days  after  the  entry 
of  such  an  order  he  shall  put  in  writing  his  findings  and  a 
summary  of  the  evidence  supporting  them  and  shall  forthwith 
deliver  a  copy  thereof  to  the  applicant  and  retain  the  original 
thereof  on  file. 

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

[Approved  April  26,  1955.] 


136  Chapter  100  [1955 

CHAPTER  100. 

AN  ACT  RELATIVE  TO  SPECIAL  FISH  AND  GAME  LICENSES  FOR 
MEMBERS  OF  THE  ARMED  FORCES  OF  THE  UNITED  STATES. 

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

1.  Resident  Members  of  the  Armed  Services.  Amend  sec- 
tion 1  of  chapter  103  of  the  Laws  of  1953  (section  3,  chapter 
214,  RSA)  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:     1.     Fish  and   Game  Licenses.     Any 

resident  of  this  state  who  is  on  regular  active  duty  with  any 
branch  of  the  armed  forces  of  the  United  States,  may  make 
application  to  the  director  of  fish  and  game  or  his  agent  for  a 
special  license  to  hunt  and  fish.  Such  applicant  shall  submit 
satisfactory  evidence  of  his  membership  in  such  service  of  the 
United  States,  and  the  director,  or  his  agent,  may  in  his  dis- 
cretion, issue  to  such  applicant  a  special  license  which  shall 
entitle  the  licensee  to  hunt,  shoot,  kill  or  take,  except  by  the 
use  of  traps,  and  to  transport  game  birds,  game  animals,  fish 
and  salt  water  smelt,  under  the  restrictions  of  Title  XX  of  the 
Revised  Laws,  except  as  otherwise  provided  in  this  section. 
Such  license  shall  have  marked  or  stamped  thereon  the  words 
"resident  servicemen's  license."  There  shall  be  no  fee  for  such 
a  license. 

2.  Nonresident  Members  of  the  Armed  Services.  Amend 
section  2  of  chapter  103  of  the  Laws  of  1953  (section  4,  chapter 
214,  RSA)  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  2.  Nonresidents.  Any  nonresident 
who  is  on  regular  active  duty  with  any  branch  of  the  armed 
forces  of  the  United  States  who  is  quartered  in  the  state,  or 
who  is  a  guest  of  a  resident,  may  make  application  to  the 
director  or  his  agent  for  a  special  license  to  hunt  and  fish  as 
provided  in  the  preceding  section  for  residents.  Such  license 
for  a  nonresident  shall  have  marked  or  stamped  thereon  the 
words  "nonresident  servicemen's  license"  and  the  fee  to  be 
paid  to  the  director  or  his  agent  for  such  license  shall  be  the 
same  as  that  for  a  regular  resident  combination  hunting  and 
fishing  license. 

3.  Takes  Effect.  This  act  shall  take  effect  on  January  1, 
1956. 

[Approved  April  26,  1955.] 


1955]  Chapters  101,  102  137 

CHAPTER  101. 

AN  ACT  RELATIVE  TO  EXCEPTIONS  TO   FOREIGN    CORPORATIONS 
OPERATING  MOTOR  VEHICLES  IN  INTRASTATE  COMMERCE. 

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

1.  Addition  to  Exceptions.  Amend  section  23  of  chapter 
289  of  the  Revised  Laws  (section  25,  chapter  374,  RSA)  by 
adding  at  the  end  the  words,  or  to  any  foreign  corporation 
duly  authorized  by  the  Interstate  Commerce  Commission  to 
operate  motor  vehicles  for  the  carriage  of  passengers  for  hire 
in  interstate  commerce  over  the  highways  of  this  state  which 
presently  conducts  or  desires  to  conduct  the  business  of  trans- 
portation of  passengers  and/or  baggage,  mail,  newspapers  and 
express  in  the  same  vehicles  with  passengers  for  hire  by  motor 
vehicles  in  intrastate  commerce,  so  that  said  section  as 
amended  shall  read  as  follows:  23.  Exceptions.  The  pro- 
visions of  the  preceding  section  shall  not  apply  to  any  corpo- 
ration operating  a  public  utility  plant  in  this  state  on 
June  1,  1911,  or  doing  or  desiring  to  do  an  interstate  busi- 
ness, or  to  any  foreign  corporation  duly  authorized  by  the 
Interstate  Commerce  Commission  to  operate  motor  vehicles 
for  the  carriage  of  passengers  for  hire  in  interstate  commerce 
over  the  highways  of  this  state  which  presently  conducts  or 
desires  to  conduct  the  business  of  transportation  of  passengers 
and/or  baggage,  mail,  newspapers  and  express  in  the  same 
vehicles  with  passengers  for  hire  by  motor  vehicles  in  intra- 
state commerce. 

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

[Approved  April  26,  1955.] 


CHAPTER  102. 

AN  ACT  RELATIVE  TO  THE  BAG  LIMIT  FOR  HORNED  POUT. 

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

1.     Horned  Pouts.     No  person  may  take  more  than  forty 
horned  pouts  between  twelve   o'clock  noon  in  one  day  and 


138  Chapter  103  [1955 

twelve  o'clock  noon  of  the  following  day,  during  the  open  sea- 
son for  taking  horned  pouts. 

2.  Application  of  Statutes.  Except  as  otherwise  provided 
under  the  provisions  of  section  1  hereof  all  provisions  relative 
to  taking  horned  pout  under  Title  XX  or  regulations  of  the 
director  of  fish  and  game  shall  remain  in  force. 

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

[Approved  April  26,  1955.] 


CHAPTER  103. 

AN  ACT  RELATIVE  TO  NOMINATIONS  FOR  INCOMPATIBLE  OFFICES. 

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

1.  Primary  Election.  Amend  chapter  33  of  the  Revised 
Laws  (chapter  56,  RSA)  by  inserting  after  section  50  the 
following  new  section :  50-a.  Limitation.  Any  person  who 
is  nominated  by  the  same  political  party  for  incompatible 
offices  shall  notify  the  secretary  of  state  within  six  days  from 
the  publication  of  notice  provided  by  section  48,  which  of  said 
nominations  he  will  accept.  Thereupon  the  secretary  of  state 
shall  declare  a  vacancy  exists  in  the  nomination  for  office  said 
person  has  declined,  which  vacancy  shall  be  filled  as  provided  in 
section  52. 

2.  Nominees.  Amend  section  50  of  chapter  33,  Revised 
Laws  (section  53,  chapter  56,  RSA)  by  inserting  at  the  end 
thereof  the  words,  except  as  otherwise  provided  in  section  50-a, 
so  that  said  section  as  amended  shall  read  as  follows:  50. 
Plurality.  Persons  voted  for  at  a  primary,  who  receive  a 
plurality  of  all  the  votes  cast  by  a  party,  shall  be  candidates  of 
that  party  for  the  office  designated  in  the  ballot,  or  the  dele- 
gates of  such  party  from  their  respective  towns  and  wards,  ex- 
cept as  otherwise  provided  in  section  50-a. 

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

[Approved  April  27,  1955.] 


1955]  Chapters  104,  105  139 

CHAPTER  104. 

.AN  ACT  RELATING  TO  THE  RETURN  DAY  OF  EXECUTIONS  ISSUED 
BY  THE  SUPERIOR  COURT. 

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

1.  Executions,  Returnable  How.  Amend  Revised  Laws, 
chapter  399,  section  2  (RSA,  chapter  527,  section  2)  by  strik- 
ing out  all  after  the  words  "made  returnable",  and  by  sub- 
stituting therefor,  at  any  return  day  within  six  months  from 
date  of  issuance;  so  that  as  amended  said  section  shall  read: 
2.  When  Returnable.  Executions  issued  by  the  superior 
court  may  be  made  returnable  at  anj^  return  day  within  six 
months  from  date  of  issuance. 

2.  Subsequent  Return  Day.  Amend  Revised  Laws,  chap- 
ter 399,  section  4  (RSA,  chapter  527,  section  4)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  4. 
Extension  of  Return  Day.  The  superior  court,  on  application 
and  notice  to  the  debtor  may  order  the  return  day  of  an  exe- 
cution issued  by  the  court  to  be  changed  to  any  subsequent  re- 
turn day  as  justice  may  require;  which  order  shall  be  recorded 
upon  the  clerk's  record  of  the  judgment  and  execution. 

3.  Repeal,  Takes  Effect.  Section  3  of  Revised  Laws,  chap- 
ter 399  (RSA,  chapter  527,  section  3)  is  hereby  repealed  and 
this  act  shall  take  effect  upon  its  passage. 

[Approved  April  27,  1955.] 


CHAPTER  105. 

AN  ACT  RELATIVE  TO  A  SMALL  GAME  LICENSE  FOR  COOS  COUNTY. 

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

1.  Hunting  Licenses.  Amend  section  6  of  chapter  247 
Revised  Laws  (chapter  214,  RSA)  by  inserting  after  para- 
graph Ill-a,  as  inserted  by  section  3,  chapter  163,  Laws  of 
1947,  the  following  new  paragraph :  Ill-b.  If  the  applicant 
is  a  nonresident  and  wishes  to  hunt  game  other  than  deer  or 
bear,  in  Coos  county,  ten  dollars  and  twenty-five  cents,  and 


140  Chapters  106,  107  [1955 

said  agent  shall  thereupon  issue  a  nonresident  Coos  county 
small  game  license  which  shall  entitle  a  licensee  to  hunt,  shoot, 
or  take  game,  birds,  and  game  animals,  with  the  exception  of 
deer  and  bear,  during  the  month  of  October  only. 

2.     Takes    Eflfect.      This    act   shall    take    effect   upon    its 
passage. 
[Approved  April  27,  1955.] 


CHAPTER  106. 


AN  ACT  RELATIVE  TO  TROLLING  WITH  LARGER  SPINNERS  IN 
RECLAIMED  TROUT  PONDS. 

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

1.  Fishing  on  Reclaimed  Trout  Ponds.  Amend  chapter 
245  of  the  Revised  Laws  (chapter  211,  RSA)  by  inserting  after 
section  37  the  following  new  section:  37-a.  Prohibited  De- 
vices. No  person  shall  use  a  spinner  or  spinners,  total  com- 
bined length  of  all  blades  not  to  exceed  four  inches,  when 
trolling  for  fish  in  reclaimed  trout  ponds  except  in  Back  Lake 
"in  the  town  of  Pittsburg  and  Mirror  Lake  in  the  town  of 
Whitefield.  Whoever  violates  any  of  the  provisions  of  this 
section  shall  be  fined  twenty-five  dollars  and  the  director  shall 
suspend  his  fishing  license  for  a  period  of  one  year.  The  pro- 
visions of  this  section  shall  not  be  construed  as  affecting  fly 
fishing  in  regular  ponds. 

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

[Approved  April  27,  1955.] 


CHAPTER  107. 


AN  ACT  TO  PROVIDE  FOR  NOTICE  WHEN  A  HIGHWAY  RUNNING 
BETWEEN  TWO   TOWNS   IS  DISCONTINUED. 

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

1.     Discontinuance  of  Highways.     Amend  part  9  of  chapter 
90  of  the  Revised  Laws,  as  inserted  by  chapter  188,  Laws  of 


1955]  Chapter  108  141 

1945  (chapter  238,  RSA)  by  inserting  after  section  1  the 
following  new  section:  1-a.  Notice  Required.  When  any 
class  IV,  V  or  VI  highway,  which  joins  a  highway  in  another 
town,  has  been  discontinued  by  vote  of  the  town  the  selectmen 
of  the  town  wherein  the  highway  has  been  so  discontinued 
shall  notify  the  selectmen  of  said  adjoining  town,  by  registered 
mail,  of  the  fact  of  said  discontinuance.  Said  notification  shall 
be  made  within  fifteen  days  after  the  action  of  discontinuance 
has  been  taken. 

2.     Takes   Effect.      This   act   shall    take    effect   upon    its 
passage. 
[Approved  April  27,  1955.] 


CHAPTER  108. 


AN  ACT  RELATIVE  TO  JEOPARDY  ASSESSMENT  ON 
PERSONAL  PROPERTY. 

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

1.  .Assessment  of  Taxes.  Amend  chapter  77  of  the  Re- 
vised Laws  (chapter  76,  RSA)  by  inserting  after  section  7  the 
following  new  section:  8.  Jeopardy  Assessment.  Whenever  it 
shall  appear  to  the  selectmen  or  assessors  that  the  owner  or 
the  person  to  whom  personal  property  is  assessed  may  leave 
town  or  such  taxable  property  may  be  removed  from  town  be- 
fore the  regular  list  of  property  taxes  and  warrant  is  com- 
mitted to  the  collector  or  otherwise  not  be  available  at  such 
time,  they  may,  after  April  first,  make  a  reasonable  jeopardy 
assessment  of  the  taxes  against  the  owner  or  person  to  whom 
such  property  is  assessed  and  commit  a  warrant  to  the 
collector  for  the  same,  and  the  collector  after  making  written 
demand  for  such  taxes  may  immediately  use  any  of  the 
remedies  provided  by  law  to  collect  the  taxes  committed  to  him 
in  such  warrant.  If  it  later  appears  that  such  jeopardy  tax 
payment  was  in  excess  of  the  amount  of  taxes  due  the  over 
plus  together  with  six  per  cent  interest  from  the  time  of  pay- 
ment to  the  time  of  refund  shall  be  refunded  to  the  person 
from  whom  the  tax  was  collected.  If  such  tax  payment  was  in- 
sufficient to  pay  the  normal  tax  later  found  to  be  due,  then  a 


142  Chapter  109  [1955 

further  assessment  may  be  made  and  may  be  collected  in  the 
same  manner  as  the  original  assessment. 

2.    Takes  Effect.     This  act  shall  take  effect  as  of  April  1, 
1955. 
[Approved  April  29,  1955.] 


CHAPTER  109. 


AN  ACT  RELATIVE  TO  GROSSLY  CARELESS  AND  GROSSLY  NEGLIGENT 
OPERATION  OF  MOTOR  VEHICLES. 

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

1.  Operation  of  Motor  Vehicles.  Amend  section  12  of  chap- 
ter 118,  Revised  Laws,  as  amended  by  section  1,  chapter  180, 
Laws  of  1951  (section  15,  chapter  262,  RSA)  by  striking  out 
the  last  sentence  thereof,  so  that  said  section  as  amended 
shall  read  as  follows:  12.  Reckless  Operating.  Whoever 
upon  any  way  operates  a  vehicle  recklessly,  or  so  that  the  lives 
or  safety  of  the  public  shall  be  endangered,  or  upon  a  bet, 
wager  or  race,  or  who  operates  a  vehicle  for  the  purpose  of 
making  a  record,  and  thereby  violates  any  of  the  provisions  of 
this  title  or  any  special  regulations  made  by  the  commissioner, 
shall  be  fined  not  more  than  one  hundred  dollars,  or  imprisoned 
not  more  than  six  months,  or  both;  and  for  a  second  offense 
he  shall  be  imprisoned  not  less  than  one  month  nor  more  than 
one  year.  If  the  death  of  any  person  results  from  the  reckless 
operation  of  a  motor  vehicle  the  person  convicted  of  such  reck- 
less operation  shall,  in  lieu  of  any  other  penalty  imposed  by 
this  section,  be  fined  not  more  than  one  thousand  dollars,  or 
imprisoned  not  more  than  five  years,  or  both,  provided  that 
the  provisions  of  this  section  shall  not  be  construed  to  limit 
or  restrict  prosecution  for  manslaughter. 

2.  Grossly  Careless  Operation.  Amend  chapter  118  of  the 
Revised  Laws  by  inserting  after  section  12  the  following  new 
section :  12-a.  Grossly  Careless  or  Grossly  Negligent  Opera- 
tion. Whoever  upon  any  way  operates  a  motor  vehicle  in  a 
grossly  careless  or  grossly  negligent  manner  which  said  opera- 
tion does  not  constitute  reckless  operation  of  a  motor  vehicle 


1955]  Chapter  109  143 

and  which  does  not  result  in  the  death  of  any  person,  shall  be 
fined  not  more  than  one  hundred  dollars,  or  imprisoned  not 
more  than  thirty  days,  or  both.  Grossly  careless  or  grossly 
negligent  operation,  for  the  purposes  of  this  section  shall  be 
that  manner  of  operation  of  a  motor  vehicle  which,  although 
short  of  wilful  and  intentional  wrong,  is  marked  by  more  want 
of  care  than  simple  inadvertence  and  is  carelessness  sub- 
stantially and  appreciably  higher  in  magnitude  than  ordinary 
negligence  or  carelessness,  or  a  high  degree  of  indifference  to 
the  operator's  duty. 

3.  Penalties.  Amend  section  13  of  chapter  118,  Revised 
Laws,  as  amended  by  section  2,  chapter  180,  Laws  of  1951,  and 
section  1,  chapter  229,  Laws  of  1951  (section  16,  chapter  262, 
RSA)  by  inserting  after  the  figure  "12"  in  the  second  line  the 
figure,  12-a,  and  further  amend  said  section  by  inserting  after 
the  word  "convicted"  in  the  sixth  line  the  words,  or  the  right 
of  a  nonresident  so  convicted  to  operate  within  the  state  of 
New  Hampshire,  so  that  said  section  as  amended  shall  read  as 
follows:  13.  Revocation  of  License.  Upon  a  conviction  of  a 
violation  of  sections  12,  12-a  or  16  the  court  or  justice  shall 
report  to  the  commissioner,  and  may,  for  a  conviction  for 
grossly  careless  or  grossly  negligent  operation,  and  shall,  for 
conviction  of  any  other  violation  under  sections  12  or  16,  im- 
mediately revoke  the  license  of  the  person  so  convicted,  or  the 
right  of  a  nonresident  so  convicted  to  operate  within  the  state 
of  New  Hampshire,  and  said  court  or  justice  in  the  case  of 
holders  of  New  Hampshire  licenses  shall  return  such  license 
with  his  findings  marked  thereon,  together  with  the  court  re- 
turn, to  the  commissioner;  and  the  commissioner  may  revoke 
the  license  of  any  person  who  shall  be  convicted  of  a  similar 
offense  by  a  court  of  any  other  state. 

4.  Return  of  License  in  Appealed  Cases.  Amend  section  14 
of  chapter  118,  Revised  Laws,  as  amended  by  section  2,  chapter 
180,  Laws  of  1951,  and  by  section  2,  chapter  229,  Laws  of  1951 
(section  17,  chapter  262,  RSA)  by  inserting  after  the  figure 
"12"  in  the  second  line  the  words  and  figure,  or  section  12-a, 
so  that  said  section  as  amended  shall  read  as  follows :  14. 
Suspension.  Whenever  any  person  convicted  of  a  violation  of 
section  12,  or  section  12-a,  or  section  16  appeals,  the  municipal 
court  or  justice  may,  in  case  of  conviction  for  grossly  careless 
or  grossly  negligent  operation,  and  shall,  in  case  of  any  other 


144  Chapters  110,  111  [1955 

convictions  under  said  sections,  forthwith  suspend  the  license 
of  such  person,  and  in  case  of  holders  of  New  Hampshire 
licenses  shall  return  such  licenses,  together  with  the  court  re- 
turn, to  the  commissioner,  who  shall  not  reissue  said  license 
until  such  person  is  acquitted.  If  the  person  so  appealing  is 
convicted  the  period  of  suspension  shall  be  computed  from  the 
date  of  the  initial  conviction. 

5.     Takes   Effect.      This    act   shall   take    effect    upon   its 
passage. 
[Approved  April  29,  1955.] 


CHAPTER  110. 


AN  ACT  RELATIVE  TO  REQUIREMENT  FOR  USE  OF  SO-CALLED  MUD 
FLAPS  ON  CERTAIN  MOTOR  VEHICLES. 

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

1.  Required  Equipment.  Amend  chapter  119  of  the  Re- 
vised Laws  (chapter  263,  RSA)  by  inserting  after  section  11 
the  following  new  section :  11-a.  Flaps;  Guards.  Every  motor 
truck,  bus,  trailer,  semi-trailer,  operated  in  or  upon  any  way, 
shall  be  equipped  with  suitable  flaps  or  guards  which  will 
effectively  reduce  the  throw,  spray  or  splash  to  the  rear,  of 
water,  dirt  or  other  matter,  caused  by  the  rear  wheels  there- 
of. Such  flaps  or  guards  required  shall  be  of  a  type  and  size  pre- 
scribed and  approved  by  the  commissioner  of  motor  vehicles. 

2.  Takes  Effect.  This  act  shall  take  effect  ninety  days 
after  its  passage. 

[Approved  April  29,  1955.] 


CHAPTER  111. 


AN  ACT  RELATIVE  TO  MEMBERS  OF  THE  COUNTY  CONVENTION 
V^^HO  ARE  NOT  MEMBERS  OF  THE  LEGISLATURE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened : 

1.    County  Convention.     Amend  chapter  44  of  the  Revised 
Laws  by  inserting  after  section  5-a  as  inserted  by  chapter  6 


1955]  Chapter  112  145 

of  the  Laws  of  1949  (chapter  24,  RSA)  the  following  new  sec- 
tion :  5-b.  Tie  Votes.  If  the  candidates  for  office  as  a  mem- 
ber of  the  county  convention  from  any  town  which  shall  not 
then  have  a  representative  to  the  general  court  shall  have  an 
equal  number  of  votes  the  question  of  the  election  shall  be  re- 
ferred to  the  respective  county  convention  which  said  conven- 
tion shall  have  authority  to  determine  the  dispute. 

2.     Takes   Effect.      This    act   shall    take    effect    upon    its 
passage. 
[Approved  April  29,  1955.] 


CHAPTER  112. 

AN  ACT  RELATIVE  TO  RETIREMENT  SYSTEM  FOR  FIREMEN. 

Be  it  enacted  by  the  Senate  and  House  of  Rev^esentatives  in 
Gener^wl  Court  convened: 

1.  Firemen.  Amend  section  13  of  chapter  220  of  the  Re- 
vised Laws  as  amended  by  section  2,  chapter  220,  Laws  of 
1949  (section  13,  chapter  102,  RSA)  by  striking  out  the  words: 
"Upon  the  recommendation  of  his  chief  and  the  recommenda- 
tion of  the  association  that  any  permanent  fireman,  who  has 
•accepted  this  chapter,  is  capable  of  further  rendering  satis- 
factory service,  the  retirement  board  may  extend  the  age  of 
compulsory  retirement  for  such  fireman  for  five  years,"  so  that 
said  section  as  amended  shall  read  as  follows :  13.  Retirement. 
No  voluntary  retirements  hereunder  may  take  place  before 
July  1,  1942.  Any  permanent  fireman  who  accepts  the  pro- 
visions hereof  may  retire  from  active  service  at  the  age  of 
sixty  provided  he  has  served  as  a  permanent  fireman  for  a 
period  of  twenty  years.  All  permanent  firemen  who  accept  the 
provisions  hereof  and  who  have  served  as  permanent  firemen 
for  twenty  years  shall  retire  from  active  service  at  the  age  of 
seventy.  Any  permanent  fireman  accepting  the  provisions 
hereof  and  having  served  for  twenty  years,  who  shall  be  dis- 
missed from  service  after  having  reached  the  age  of  sixty, 
shall  be  entitled  to  the  benefits  of  this  chapter.  Upon  retire- 
ment a  permanent  fireman  shall  no  longer  be  obligated  to  pay 
assessments  to  the  retirement  fund.  Call  firemen  who  become 
permanent  firemen  may  have  one-half  of  their  term  of  service 


146  Chapter  112  [1955 

as  call  firemen  counted  as  part  of  their  term  of  service  as 
permanent  firemen,  provided  that  the  five  years  immediately 
preceding  retirement  shall  have  been  permanent  service.  The 
probationary  periods  of  permanent  firemen  shall  be  counted  as 
part  of  their  term  of  service. 

2.  Age  Limit.  Amend  section  16-a  of  chapter  220,  Revised 
Laws,  as  inserted  by  section  4,  chapter  202,  Laws  of  1945,  and 
as  amended  by  section  5,  chapter  54,  Laws  of  1947,  (section  18, 
chapter  102,  RSA)  by  striking  out  the  word  "twenty"  in  the 
third  line  and  inserting  in  place  thereof  the  word,  fifteen,  so 
that  said  section  as  amended  shall  read  as  follows:  16-a. 
Ordinary  Disability;  Medical  Examination.  Upon  the  appli- 
cation to  the  retirement  board  of  a  member  in  active  service, 
any  member  who  has  fifteen  or  more  years  of  creditable  service 
may  be  retired  on  an  ordinary  disability  retirement  allowance 
of  one-half  his  average  actual  salary,  based  upon  the  total 
salary  earned  over  the  period  of  years  of  service  beginning 
with  the  date  of  his  application  to  the  benefits  hereof  to  the 
date  of  his  retirement;  provided  that,  the  physician  or 
physicians  designated  by  the  board  certify  that  he  is  mentally 
or  physically  incapacitated  for  the  further  performance  of 
duty,  that  such  incapacity  is  likely  to  be  permanent,  and  that 
he  should  be  retired.  Once  each  year  during  the  first  years 
following  the  retirement  of  a  member  on  a  total  and  perma- 
nent disability,  or  ordinary  disability  retirement,  and  once  in 
every  three  year  period  thereafter,  the  board  may  require  any 
disability  beneficiary,  who  has  not  attained  age  sixty-five,  to 
undergo  a  medical  examination  by  a  physician  or  physicians 
designated  by  the  board.  If  any  disability  beneficiary,  who  has 
not  attained  age  sixty-five,  refuses  to  submit  to  such  medical 
examination,  his  retirement  may  be  discontinued  by  the  board, 
until  his  withdrawal  of  such  refusal,  and  if  his  refusal  con- 
tinues for  more  than  a  year,  all  his  rights  in  and  to  his  pension 
may  be  revoked  by  the  board.  If  the  physician  or  physicians 
designated  by  the  board  report  and  certify  that  the  disability 
beneficiary  is  again  able  to  engage  in  fire  duty,  his  retirement 
allowance  shall  be  discontinued.  On  his  reinstatement  to  active 
service  his  rate  of  assessment  shall  be  the  same  as  assessed 
against  him  previous  to  the  date  of  his  disability,  and  his 
period  of  disability  shall  be  considered  as  part  of  continuous 
service.  If  the  retirement  board  finds  that  any  member  re- 


1955]  Chapter  113  147 

tired  on  an  ordinary  disability  allowance  under  this  section  is 
eng"aged  in  a  gainful  occupation  paying  more  than  the  differ- 
ence between  his  annual  retirement  allowance  and  his  final 
annual  salary  prior  to  retirement  not  in  excess  of  twenty-five 
hundred  dollars,  then  his  disability  shall  be  deemed  to  have 
diminished  and  his  retirement  allowance  shall  be  reduced  to  an 
amount  which,  together  with  the  amount  then  being  earned  by 
him,  shall  equal  his  final  annual  salarj^  at  retirement,  as  stated 
above.  If  his  earnings  from  such  gainful  occupation  are  later 
changed,  his  retirement  allowance  may  be  further  modified  by 
the  retirement  board;  provided  however,  that  his  retirement 
allowance  shall  at  no  time  exceed  the  original  grant  nor  an 
amount  which  when  added  to  the  amount  being  earned  by  him 
equals  his  final  annual  salary  at  retirement,  as  stated  above. 

3.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  5,  1955.] 


CHAPTER  113. 

AN  ACT  RELATIVE  TO  INHERITANCE  TAXATION. 

■Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Inheritance  Taxes.  Amend  section  15-a  of  chapter  87 
of  the  Revised  Laws  as  inserted  by  section  3,  chapter  144,  Laws 
of  1945  (section  22,  chapter  86,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  15-a. 
Report  of  Gifts  and  Transfers.  Every  executor  and  adminis- 
trator shall  within  six  months  from  the  date  of  his  appoint- 
ment file  with  the  appropriate  register  of  probate  and  with  the 
division  of  inheritance  taxes,  state  tax  commission,  upon  a 
form  prescribed  by  that  division,  a  report  of  the  following  so 
far  as  the  same  shall  come  to  his  knowledge : 

L  A  report  of  all  transfers  of  real  and  personal  property 
made  by  the  decedent  in  contemplation  of  death  or  to  take 
effect  in  possession  or  enjoyment  at  or  after  death. 

n.  A  report  of  all  transfers  of  real  and  personal  property 
during  the  last  two  years  of  the  decedent's  life  if  the  property 


148  Chapter  114  [1955 

has  a  value  of  over  five  hundred  dollars,  except  bona  fide  sales 
for  a  reasonable  consideration  in  money  or  money's  worth. 

III.  A  report  of  all  real  and  personal  propertj'^  held  in 
joint  tenancy  by  the  decedent  at  the  time  of  his  death  and  the 
names  and  addresses  of  the  survivors,  if  known. 

2.  Gifts.  Amend  chapter  87,  Revised  Laws,  (chapter  86, 
RSA)  by  inserting-  after  section  1  the  following  new  section: 
1-a.  Rebuttable;  Presumption.  Every  deed,  grant  or  com- 
pleted gift,  except  in  case  of  a  bona  fide  transfer  for  reasonable 
consideration  in  money  or  money's  worth,  made  within  two 
years  prior  to  the  death  of  the  grantor  or  donor,  shall,  prima 
facie,  be  deemed  to  have  been  made  in  contemplation  of  the 
death  of  the  grantor  or  donor. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  5,  1955,  1:14  P.  M.  Daylight  Saving  Time.] 


CHAPTER  114. 


AN  ACT  RELATIVE  TO  THE  TAXATION  OF  PERSONAL  PROPERTY  ON 
LAND  OF  ANOTHER. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Taxation.  Amend  chapter  74  of  the  Revised  Laws, 
(chapter  73,  RSA)  by  inserting  after  section  16  the  following 
new  section:     16-a.     Personal  Property  on  Land  of  Another. 

Whenever  any  person  leaves  upon  the  real  estate  of  another 
person,  with  such  person's  consent,  any  taxable  personal  prop- 
erty, the  tax  upon  the  same  may  be  assessed  to  the  owner  of 
the  land  provided  a  selectman  or  assessor  before  or  at  the 
time  of  taking  the  invoice  gives  notice  in  writing  to  such  land 
owner  that  such  personal  property  is  to  be  taxed  to  him.  An 
affidavit  by  the  selectman  or  assessor  g-iving  such  notice  that  it 
was  given  shall  be  evidence  of  the  fact.  The  owner  of  the  land 
shall  have  a  lien  upon  such  personal  property  for  the  payment 
of  the  tax. 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  April  1, 
1955. 

[Approved  May  5,  1955.] 


1955]  Chapters  115,  116  149 

CHAPTER  115. 

AN  ACT  RELATIVE  TO  COMPENSATION  OF  THE   NeW   HAMPSHIRE 
MEMBERS  OF  THE  MaINE-NeW  HAMPSHIRE   INTERSTATE 

Bridge  Authority. 

Be  it  enacted  by  the  Senate  and  Ho2ise  of  Representatives  in 
General  Court  convened: 

1.  Bridge  Authority.  Amend  section  3  of  chapter  86  of  the 
Laws  of  1937  by  striking  out  the  whole  of  said  section  and  in- 
serting in  place  thereof  the  following:  3.  Compensation  of 
Members.  Said  members  of  said  Authority  for  this  state, 
other  than  the  commissioner  of  public  works  and  highways, 
shall  be  paid  the  sum  of  twenty  dollars  for  each  day  in  attend- 
ance at  an  official  meeting  of  the  authority  and  be  reimbursed 
for  necessary  expenses  incurred  in  the  performance  of  his 
duties.  The  compensation  and  expenses  provided  for  herein 
shall  be  a  charge  upon  the  funds  of  the  Authority. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  5,  1955.] 


CHAPTER  116. 

AN  ACT  RELATING  TO  FALSE  REPORTS  OF  CRIME. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  False  Reports  of  Crime.  Amend  chapter  442  of  the  Re- 
vised Laws  (chapter  572,  RSA)  by  adding  after  section  39 
thereof  the  following  new  section:  40.  False  Reports  of 
Crime.  Whoever,  intentionally  and  without  reasonable  cause, 
makes  or  causes  to  be  made  a  false  alarm  or  a  false  report  of 
crime  to  a  police  officer  or  other  law  enforcement  officer  shall 
be  punished  by  a  fine  of  not  more  than  one  hundred  dollars  or 
by  imprisonment  for  not  more  than  six  months. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  5,  1955.] 


150  Chapter  117  [1955 

CHAPTER  117. 

AN  ACT  RELATIVE  TO  ORDERS  OF  MAYOR  AND  ALDERMEN  OR 
SELECTMEN  FOR  MUZZLING  AND  RESTRAINING  DOGS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Muzzling  and  Restraining  Dogs.  Amend  section  33  of 
chapter  180,  Revised  Laws,  (section  29,  chapter  466,  RSA)  by 
inserting  before  the  words,  "the  maj^or"  in  the  first  line  the 
words,  After  a  hearing,  if  any  is  required  by  the  provisions 
of  section  33-a,  so  that  said  section  as  amended  shall  read  as 
follows:  33.  Order;  Warrant.  After  a  hearing,  if  any  is  re- 
quired by  the  provisions  of  section  33-a,  the  mayor  and  alder- 
men of  a  city  or  the  selectmen  of  a  town  may  order  that  any 
dog  or  dogs  within  the  limits  of  such  city  or  town  respectively 
shall  be  muzzled  or  restrained  from  running  at  large  during  such 
time  as  shall  be  prescribed  by  such  order.  After  passing  such 
order  and  posting  a  certified  copy  thereof  in  two  or  more  public 
places  in  such  city  or  town,  or,  in  case  a  daily  newspaper  is 
published  in  such  cit)^  or  town,  publishing  such  copy  once  in 
such  newspaper,  the  mayor  and  aldermen  or  selectmen  may 
issue  their  warrant  to  one  or  more  of  the  police  officers  or  con- 
stables of  such  city  or  town,  who  shall,  after  twenty-four  hours 
from  the  publication  of  such  notice,  kill  all  dogs  found  un- 
muzzled or  running  at  large  contrary  to  such  order. 

2.  Hearing.  Amend  chapter  180,  Revised  Laws,  (chapter 
466,  RSA)  by  inserting  after  section  33  the  following  new 
section :  33-a,  Provisions.  Before  any  order  is  promulgated 
under  the  provisions  of  section  33  the  mayor  and  aldermen  or 
selectmen  shall  hold  a  hearing  on  the  question  of  such  order. 
Said  hearing  shall  be  held  under  the  provisions  of  chapter  61 
of  the  Revised  Laws.  Provided,  however,  that  in  the  case  of  a 
rabies  epidemic  a  hearing  shall  not  be  held  and  provided, 
further,  that  in  the  case  of  a  special  notice  that  a  particular 
dog  be  muzzled  or  restrained  from  running  at  large  as  set 
forth  in  section  34,  no  prior  hearing  need  be  held. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  5,  1955.] 


1955]  Chapter  118  151 

CHAPTER  118. 

AN  ACT  RELATIVE  TO  DISTRIBUTION  OF  CERTAIN  ASSETS  OF 
DISSOLVED  BUSINESS  CORPORATIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Business  Corporations.  Amend  chapter  274  of  the  Re- 
vised Laws  (chapter  294,  RSA)  by  adding  at  the  end  thereof 
the  following  new  subdivision : 

Missing  Bondholders  and  Shareholders. 

125.  Missing  Bondholders  and  Shareholders.  Upon  the 
dissolution  of  any  corporation  organized  under  the  laws  of  this 
state,  if  the  whereabouts  of  the  holder  of  record  of  any  bond, 
certificate  of  stock  or  other  securities  issued  by  said  corpora- 
tion shall  be  unknown  so  that  distribution  of  said  holder's 
share  cannot  be  made  to  him,  the  treasurer  and  president  of 
said  corporation  shall  petition  to  the  probate  court  of  the 
county  in  which  the  principal  place  of  business  of  said  corpo- 
ration has  been  situated  for  authority  to  pay  over  the  dis- 
tributive share  of  said  holder  of  record  to  the  state  treasurer 
and  if  the  court  shall  be  satisfied  that  due  diligence  has  been 
used  to  find  the  person  entitled  to  such  sum,  shall  decree  that 
the  same  be  paid  over  to  the  state  treasurer,  and  such  pay- 
ment shall  be  a  discharge  of  the  liability  of  such  corporation 
to  said  holder.  The  court  may  in  its  discretion  direct  such 
further  search  for  said  holder  or  his  heirs  or  successors  in  in- 
terest as  it  shall  deem  necessary. 

126.  Advertising.  Until  disposal  of  said  sum  as  pro- 
vided in  section  127  the  state  treasurer  shall  once  every  two 
years  insert  in  a  newspaper  having  a  general  circulation  in 
the  state  of  New  Hampshire  an  advertisement  listing  the 
names,  last  known  addresses,  name  of  the  corporation  from 
which  the  sum  is  derived,  the  nature  of  the  original  security 
and  the  sums  so  held  by  him  and  the  cost  of  said  advertise- 
ment shall  be  proportionately  charged  against  each  sum  so  held 
by  him. 

127.  Distribution  of  Unclaimed  Sums.  Any  person  en- 
titled to  receive  said  sum  may  petition  the  probate  court  at 
any  time  before  the  final  disposition  thereof  under  this  chapter 
and  payment  to  him  shall  be  decreed  upon  notice  and  hearing. 
At  the  expiration  of  six  years  after  the  payment  to  the  state 


152  Chapters  119,  120  [1955 

treasurer,  the  probate  court,  after  petition  and  upon  such 
pubhcation  of  other  notice  as  the  court  shall  order,  shall  de- 
cree all  unclaimed  sums  to  be  the  property  of  the  state. 

2.     Takes    Effect.      This    act   shall    take    effect    upon   its 
passage. 
[Approved  May  5,  1955.] 


CHAPTER  119. 


AN  ACT  RELATIVE  TO  MINIMUM  SPEED  REGULATION  FOR 
MOTOR  VEHICLES. 

Be  it  enacted  by  the  Senate  and  House  of  RepresentoMves  in 
General  Court  convened: 

1.  Enforcement.  Amend  section  31  of  chapter  119  of  the 
Revised  Laws  (section  55,  chapter  263,  RSA)  by  adding  at  the 
end  thereof  the  following,  and  such  operation  shall  be  a  mis- 
demeanor, so  that  said  section  as  amended  shall  read  as 
follows:  31.  Minimum  Speed  Regulation.  No  person  shall 
drive  a  motor  vehicle  at  such  slow  speed  as  to  impede  or  block 
the  normal  and  reasonable  movement  of  traffic  except  when 
reduced  speed  is  necessary  for  safe  operation  or  in  compliance 
with  law,  and  such  operation  shall  be  a  misdemeanor. 

2.  Repeal.  Section  32  of  chapter  119  of  the  Revised  Laws 
(section  56,  chapter  263,  RSA),  relative  to  enforcement  of 
speed  regulation,  is  hereby  repealed. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  5,  1955.] 


CHAPTER  120. 

AN  ACT  RELATIVE  TO  THE  DISPOSITION  OF  FINES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Police  Employees.     Amend  section  10  of  chapter  145  of 
the  Revised  Laws,  as  amended  by  section  2,  chapter  94,  Laws 


1955]  Chapter  121  153 

of  1949  and  by  section  12,  chapter  163,  Laws  of  1951,  (section 
11,  chapter  106,  RSA)  by  striking  out  said  section  and  insert- 
ing in  place  thereof  the  following  new  section:  10.  Dis- 
position of  Fines  and  Forfeitures.  Any  fee  for  the  perform- 
ance of  an  act  in  line  of  duty  or  reward  for  the  apprehension 
or  conviction  of  any  person,  or  for  the  recovery  of  any  prop- 
erty, received  by  or  payable  to  an  employee,  shall  be  paid  by 
him  to  the  commissioner  of  motor  vehicles  who  shall  immedi- 
ately forward  the  same  to  the  state  treasurer.  All  fines  and 
forfeitures  assessed  against  any  violator  of  any  law  of  the 
state  relative  to  the  use  and  operation  of  motor  vehicles 
apprehended  or  prosecuted  by  a  police  employee  shall  be  sent, 
except  as  hereinafter  provided,  by  the  court  collecting  the  same 
from  such  law  violator  to  the  commissioner  of  motor  vehicles 
within  seven  days  from  their  payment,  and  by  him  immedi- 
ately paid  into  the  state  treasur5^  The  commissioner  of  motor 
vehicles  shall  forward  to  the  superintendent  such  information 
as  he  may  direct  relative  to  said  fees  and  fines.  In  case  of  fines 
collected  hereunder  by  a  municipal  court  which  would  under 
the  provisions  hereof  be  payable  to  the  commissioner  of  motor 
vehicles  the  municipal  court  shall,  before  forwarding,  deduct 
five  dollars  from  each  fine  and  ten  per  cent  of  that  part  of  the 
fine  which  exceeds  five  dollars.  Said  fines  shall  be  disposed  of  as 
provided  in  section  12,  chapter  377  of  the  Revised  Laws. 

2.     Takes    Effect.       This    act    shall   take    effect    upon    its 
passage. 
[Approved  May  5,  1955.] 


CHAPTER  121. 

AN  ACT  RELATING  TO  AN  INTERSTATE  COMPACT  ON  JUVENILES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Authorization.  The  governor  on  behalf  of  this  state  is 
hereby  authorized  to  enter  into  a  compact,  substantially  in  the 
following  form,  with  any  other  state  or  states  legally  joining 
therein,  and  the  legislature  hereby  signifies  in  advance  its 
approval  and  ratification  of  such  compact  so  entered  into,  such 


154  Chapter  121  [1955 

approval  and  ratification  to  be  effective  upon  the  filing  of  a 
copy  of  such  compact  in  the  office  of  the  secretary  of  state. 

INTERSTATE  COMPACT  ON  JUVENILES 

The  contracting  states  solemnly  agree : 

Article  I 
Findings  and  Purposes 

That  juveniles  who  are  not  under  proper  supervision  and  con- 
trol, or  who  have  absconded,  escaped  or  run  away,  are  likely 
to  endanger  their  own  health,  morals  and  welfare,  and  the 
health,  morals  and  welfare  of  others.  The  cooperation  of  the 
states  party  to  this  compact  is  therefore  necessary  to  provide 
for  the  welfare  and  protection  of  juveniles  and  of  the  public 
with  respect  to  (1)  cooperative  supervision  of  delinquent 
juveniles  on  probation  or  parole :  (2)  the  return,  from  one  state 
to  another,  of  delinquent  juveniles  who  have  escaped  or 
absconded ;  (3)  the  return,  from  one  state  to  another,  of  non- 
deliquent juveniles  who  have  run  away  from  home;  and  (4) 
the  facilitation  of  additional  measures  for  the  protection  of 
juveniles  and  of  the  public,  which  any  two  or  more  of  the  party 
states  may  find  it  desirable  to  undertake  cooperatively.  In 
carrying  out  the  provisions  of  this  compact  the  party  states 
shall  be  guided  by  the  non-punitive,  reformative  and  pro- 
tective policies  which  guide  their  laws  concerning  delinquent, 
neglected  or  dependent  juveniles  generally. 

Article  II 
Definitions 

That,  for  the  purposes  of  this  compact,  "delinquent 
juvenile"  means  any  juvenile  who  has  been  adjudged  delin- 
quent and  who,  at  the  time  the  provisions  of  this  compact  are 
invoked,  is  still  subject  to  the  jurisdiction  of  the  court  that 
has  made  such  adjudication  or  to  the  jurisdiction  of  an  agency 
or  institution  pursuant  to  an  order  of  such  court;  "probation 
or  parole"  means  any  kind  of  conditional  release  for  juveniles 
from  custody  authorized  under  the  laws  of  the  states  party 
hereto ;  "state"  means  any  state,  territory  or  possession  of  the 
United  States,  the  District  of  Columbia,  and  the  Common- 
wealth of  Puerto  Rico;  and  "residence"  or  any  variant  thereof 
means  a  place  at  which  a  home  or  regular  place  of  abode  is 
maintained. 


1955]  Chapter  121  155 

Article  III 
Cooperative  Supervision  of  Probationers  and  Parolees 

(a)  That  the  dulj^  constituted  judicial  and  administrative 
authorities  of  a  state  party  to  this  compact  (herein  called 
"sending  state")  may  permit  any  juvenile  adjudged  a  delin- 
quent within  such  state  and  placed  on  probation  or  parole  to 
reside  in  any  other  state  party  to  this  compact  (herein  called 
"receiving  state")  while  on  probation  or  parole,  if  the  parent, 
guardian  or  person  entitled  to  the  legal  custody  of  such  delin- 
quent juvenile  is  residing  within  the  receiving  state.  Before 
granting  such  permission,  opportunity  shall  be  given  to  the  re- 
ceiving state  to  make  such  investigations  as  it  deems  necessary. 
The  authorities  of  the  sending  state  shall  send  to  the  authori- 
ties of  the  receiving  state  copies  of  pertinent  court  orders, 
social  case  studies  and  all  other  available  information  which 
may  be  of  value  to  and  assist  the  receiving  state  in  supervising 
a  probationer  or  parolee  under  this  compact.  A  receiving  state, 
in  its  discretion,  may  agree  to  accept  supervision  of  a  proba- 
tioner or  parolee  in  cases  where  the  parent,  guardian  or  person 
entitled  to  the  legal  custody  of  the  delinquent  juvenile  is  not 
a  resident  of  the  receiving  state. 

(b)  That  each  receiving  state  will  assume  the  duties  of 
visitation  and  of  supervision  over  any  such  delinquent  juvenile 
and  in  the  exercise  of  those  duties  will  be  governed  by  the  same 
standards  that  prevail  for  its  own  delinquent  juveniles  released 
on  probation  or  parole. 

(c)  That,  after  consultation  between  the  appropriate  au- 
thorities of  the  sending  state  and  of  the  receiving  state  as  to 
the  desirability  and  necessity  of  returning  such  a  delinquent 
juvenile,  the  duly  accredited  officers  of  a  sending  state  may 
enter  a  receiving  state  and  there  apprehend  and  retake  any 
such  delinquent  juvenile  on  probation  or  parole.  For  that  pur- 
pose, no  formalities  will  be  required,  other  than  establishing 
the  authority  of  the  officer  and  the  identity  of  the  delinquent 
juvenile  to  be  retaken  and  returned.  The  decision  of  the  send- 
ing state  to  retake  a  delinquent  juvenile  on  probation  or  parole 
shall  be  conclusive  upon  and  not  reviewable  within  the  receiv- 
ing state,  but  if,  at  the  time  the  sending  state  seeks  to  retake 
a  dehnquent  juvenile  on  probation  or  parole,  there  is  pending 
against  him  within  the  receiving  state  any  criminal  charge  or 
any  proceeding  to  have  him  adjudicated  a  delinquent  juvenile 


156  Chapter  121  [1955 

for  any  act  committed  in  such  state,  or  if  he  is  suspected  of 
having  committed  within  such  state  a  criminal  offense  or  an 
act  of  juvenile  delinquency,  he  shall  not  be  returned  without 
the  consent  of  the  receiving  state  until  discharged  from  prose- 
cution or  other  form  of  proceeding,  imprisonment,  detention 
or  supervision  for  such  offense  or  juvenile  delinquency.  The 
duly  accredited  officers  of  the  sending  state  shall  be  permitted 
to  transport  delinquent  juveniles  being  so  returned  through  any 
and  all  states  party  to  this  compact,  without  interference. 

(d)  That  the  sending  state  shall  be  responsible  und^i'  this 
article  for  paying  the  costs  of  transporting  any  delinquent 
juvenile  to  the  receiving  state  or  of  returning  any  delinquent 
juvenile  to  the  sending  state. 

Article  IV 
Return  of  Escapees  and  Absconders 

(a)  That  the  duly  constituted  judicial  and  administrative 
authorities  of  a  state  party  to  this  compact  may  arrange  for 
the  detention  and  return  of  any  delinquent  juvenile  found  in 
that  state  who  has  either  (1)  absconded  from  another  state 
while  on  probation  or  parole,  or  (2)  escaped  from  an  insti- 
tution vested  with  his  legal  custody  in  another  state.  Any  such 
delinquent  juvenile  may  be  returned  to  any  state  party  to 
this  compact  from  which  he  absconded  or  escaped. 

(b)  That  the  appropriate  person  or  authority  from  whose 
supervision  or  custody  a  delinquent  juvenile  has  absconded  or 
escaped  shall  present  to  the  executive  authority  of  that  state  a 
written  application  for  a  requisition  for  the  return  of  such 
delinquent  juvenile.  Such  application  shall  state  the  name  and 
age  of  the  delinquent  juvenile,  the  particulars  of  his  adjudi- 
cation as  a  delinquent  juvenile,  the  circumstances  of  the 
breach  of  the  terms  of  his  probation  or  parole  or  of  his  escape 
from  an  institution  vested  with  his  legal  custody,  and  the 
location  of  such  delinquent  juvenile,  if  known,  at  the  time  the 
application  is  made.  The  application  shall  be  verified  by 
affidavit,  shall  be  executed  in  duplicate,  and  shall  be  accom- 
panied by  two  certified  copies  of  the  judgment,  formal  adjudi- 
cation, or  order  of  commitment  which  subjects  such  delinquent 
juvenile  to  probation  or  parole  or  to  the  legal  custody  of  the 
institution  concerned.  Such  further  affidavits  and  other  docu- 
ments as  may  be  deemed  proper  may  be  submitted  with  such 
application.  One  copy  of  the  application,  with  the  action  of  the 


1955]  Chapter  121  157 

executive  authority  indicated  by  endorsement  thereon,  shall  be 
filed  in  the  office  of  the  secretary  of  state,  there  to  remain  on 
file  subject  to  the  provisions  of  law  governing  records  of  the 
court  having  jurisdiction  over  delinquent,  neglected  or  depend- 
ent juveniles.  The  other  copy  of  the  application,  together  with 
the  supporting  papers,  shall  be  forwarded  with  the  requisition 
to  the  executive  authority  of  the  state  to  which  the  delinquent 
juvenile  has  absconded  or  escaped  or  to  which  he  is  believed  to 
have  absconded  or  escaped.  Upon  the  receipt  of  a  requisition 
demanding  the  return  of  a  delinquent  juvenile  who  has 
absconded  or  escaped,  the  executive  authority  to  whom  the 
requisition  is  addressed  shall  sign  a  warrant  of  arrest,  which 
shall  be  sealed  with  the  state  seal  and  which  shall  be  directed 
to  any  peace  officer  or  other  person  whom  such  executive 
authority  may  think  fit  to  entrust  with  its  execution.  The 
warrant  must  substantially  recite  the  facts  necessary  to  the 
validity  of  its  issuance  hereunder.  No  delinquent  juvenile 
arrested  upon  such  warrant  shall  be  delivered  over  to  the 
officer  whom  the  executive  authority  demanding  him  shall  have 
appointed  to  receive  him,  unless  he  shall  first  be  taken  forth- 
with before  a  judge  of  a  court  having  jurisdiction  over  delin- 
quent, neglected  or  dependent  juveniles  in  the  state,  who  shall 
inform  him  of  the  demand  made  forjiis  return  and  who  shall 
appoint  counsel  or  guardian  ad  litem  for  him.  If  the  judge  of 
'  such  court  shall  find  that  the  warrant  is  in  order,  he  shall 
deliver  such  delinquent  juvenile  over  to  the  officer  whom  the 
executive  authority  demanding  him  shall  have  appointed  to 
receive  him.  The  judge,  however,  may  fix  a  reasonable  time  to 
be  allowed  for  the  purpose  of  testing  the  legality  of  the  arrest, 
if  the  delinquent  juvenile,  his  counsel  or  guardian  ad  litem 
states  that  he  or  they  desire  to  do  so. 

Upon  reasonable  information  that  a  person  is  a  delinquent 
juvenile  who  has  absconded  while  on  probation  or  parole,  or 
escaped  from  an  institution  vested  with  his  legal  custody  in 
any  state  party  to  this  compact,  such  person  may  be  arrested 
in  any  other  state  party  to  this  compact  without  a  warrant.  But 
when  arrested  without  a  warrant,  he  must  be  taken  with  all 
practicable  speed  before  a  judge  of  the  court  having  jurisdiction 
over  delinquent,  neglected  or  dependent  juveniles,  who  shall 
appoint  counsel  or  guardian  ad  litem  for  such  person  and  shall 
determine,  after  a  hearing,  whether  sufficient  cause  exists  to 
hold  the  person  subject  to  the  order  of  the  court  for  such  a 


158  Chapter  121  [1955 

time,  not  exceeding-  ninety  days,  as  will  enable  his  arrest  under 
a  warrant  issued  on  a  request  of  the  executive  authority  of  a 
state  party  to  this  compact.  If,  at  the  time  when  a  state  seeks 
the  return  of  a  delinquent  juvenile  who  has  either  absconded 
while  on  probation  or  parole  or  escaped  from  an  institution 
vested  with  his  legal  custody,  there  is  pending  against  him  in 
the  state  wherein  he  is  arrested  any  criminal  charge  or  any 
proceeding  to  have  him  adjudicated  a  delinquent  juvenile  for 
an  act  committed  in  such  state,  or  if  he  is  suspected  of  having 
committed  within  such  state  a  criminal  offense  or  an  act  of 
juvenile  delinquency,  he  shall  not  be  returned  without  the  con- 
sent of  such  state  until  discharged  from  prosecution  or  other 
form  of  proceeding,  imprisonment,  detention  or  supervision  for 
such  offense  or  juvenile  delinquency.  The  duly  accredited 
officers  of  any  state  party  to  this  compact,  upon  the  establish- 
ment of  their  authority  and  the  identity  of  the  delinquent 
juvenile  being-  returned,  shall  be  permitted  to  transport  such 
delinquent  juvenile  through  any  and  all  states  party  to  this 
compact,  without  interference.  Upon  his  return  to  the  state 
from  which  he  escaped  or  absconded,  the  delinquent  juvenile 
shall  be  taken  before  the  court  which  made  application  for  his 
return,  for  such  further  proceedings  as  may  be  appropriate. 

(c)  That  the  costs  of  ijeturning  a  delinquent  juvenile  under 
this  article  shall  be  borne  by  the  state  to  which  he  is  returned. 

Article  V 
Return  of  Runaways 

(a)  That  the  duly  constituted  judicial  and  administrative 
authorities  of  a  state  party  to  this  compact  may  arrange  for 
the  detention  and  prompt  return  of  a  juvenile  who  has  run 
away  and  is  found  in  that  state,  to  any  other  state  party  to 
this  compact  which  is  the  state  of  residence  of  the  parent  or 
guardian  or  person  entitled  to  the  legal  custody  of  such 
juvenile. 

(b)  That  the  parent,  guardian  or  person  entitled  to  legal 
custody  of  a  juvenile  who  has  not  been  adjudged  delinquent 
but  who  has  run  away  without  the  consent  of  such  parent, 
guardian  or  other  person  shall  petition  the  court  in  the  de- 
manding state  having  jurisdiction  over  delinquent,  neglected 
or  dependent  juveniles  for  the  issuance  of  an  application  for 
a  requisition  for  his  return.  The  petition  shall  state  the  name 
and  age  of  the  juvenile,  the  name  of  the  petitioner  and  the  basis 


1955]  Chapter  121  159 

of  entitlement  to  the  juvenile's  custody,  the  circumstances  of 
his  running  away,  his  location  if  known  at  the  time  application 
is  made,  and  such  other  facts  as  may  tend  to  show  that  the 
juvenile  who  has  run  away  is  endangering  his  own  welfare  or 
the  welfare  of  others  and  is  not  an  emancipated  minor.  The 
petition  shall  be  verified  by  affidavit,  shall  be  executed  in  dupli- 
cate, and  shall  be  accompanied  by  two  certified  copies  of  the 
document  or  documents  on  which  the  petitioner's  entitlement 
to  the  juvenile's  custody  is  based,  such  as  birth  certificates, 
letters  of  guardianship,  or  custody  decrees.  Such  further  aflida- 
vits  and  other  documents  as  may  be  deemed  proper  may  be 
submitted  with  such  petition.  The  judge  of  the  court  to  which 
this  application  is  made  may  hold  a  hearing  thereon  to  de- 
termine whether  for  the  purposes  of  this  compact  the  peti- 
tioner is  entitled  to  the  legal  custody  of  the  juvenile,  whether 
or  not  it  appears  that  the  juvenile  has  in  fact  run  away  with- 
out consent,  whether  or  not  he  is  an  emancipated  minor,  and 
whether  or  not  it  is  in  the  best  interest  of  the  juvenile  to  compel 
his  return  to  the  state.  If  the  judge  determines,  either  with  or 
without  a  hearing,  that  the  juvenile  should  be  returned,  he 
shall  present  to  the  executive  authority  of  the  demanding  state 
a  written  application  for  a  requisition  for  the  return  of  such 
juvenile.  Such  application  shall  set  forth  the  name  and  age  of 
the  juvenile,  the  determination  of  the  court  that  the  juvenile 
has  run  away  without  the  consent  of  a  parent,  guardian  or 
other  person  entitled  to  his  legal  custody,  and  that  it  is  in  the 
best  interest  and  for  the  protection  of  such  juvenile  that  he  be 
returned.  In  the  event  that  a  proceeding  for  the  adjudication 
of  the  juvenile  as  a  delinquent,  neglected  or  dependent  juvenile 
is  pending  in  the  court  at  the  time  when  such  juvenile  runs 
away,  the  court  may  issue  an  application  for  a  requisition  for 
the  return  of  such  juvenile  upon  its  own  motion,  regardless  of 
the  consent  of  the  parent,  guardian,  or  other  person  entitled 
to  legal  custody,  reciting  therein  the  nature  and  circumstances 
of  the  pending  proceeding.  The  application  shall  in  every  case 
be  executed  in  duplicate  and  shall  be  signed  by  the  judge  and 
sealed  with  the  seal  of  the  court.  One  copy  of  the  application, 
with  the  action  of  the  executive  authority  indicated  by  en- 
dorsement thereon,  shall  be  filed  in  the  office  of  the  secretary 
of  state,  there  to  remain  on  file  subject  to  the  provisions  of 
law  governing  records  of  the  court  having  jurisdiction  over 
delinquent,  neglected  or  dependent  juveniles.  The  other  copy 


160  Chapter  121  [1955 

of  the  application  shall  be  forwarded,  together  with  the 
requisition  addressed  to  the  executive  authority  of  the  state  to 
which  the  juvenile  has  run  away  or  to  which  he  is  believed  to 
have  run  away.  Upon  the  receipt  of  a  requisition  demanding  the 
return  of  a  juvenile  who  has  run  away,  the  executive  authority 
to  whom  the  requisition  is  addressed  shall  sign  a  warrant  of 
arrest  which  shall  be  sealed  with  the  state  seal  and  which  shall 
be  directed  to  any  peace  officer  or  other  person  whom  such 
executive  authority  may  think  fit  to  entrust  with  its  execution. 
The  warrant  must  substantially  recite  the  facts  necessary  to 
the  validity  of  its  issuance  hereunder.  No  juvenile  arrested 
upon  such  warrant  shall  be  delivered  over  to  the  officer  to 
whom  the  executive  authority  demanding  him  shall  have 
appointed  to  receive  him,  unless  he  shall  first  be  taken  forth- 
with before  a  judge  having  jurisdiction  over  delinquent, 
neglected  or  dependent  juveniles  in  the  state,  who  shall  inform 
him  of  the  demand  made  for  his  return,  and  who  shall  appoint 
counsel  or  guardian  ad  litem  for  him.  If  the  judge  of  such  court 
shall  find  that  the  warrant  is  in  order,  he  shall  deliver  such 
juvenile  over  to  the  officer  whom  the  executive  authority  de- 
manding him  shall  have  appointed  to  receive  him.  The  judge, 
however,  may  fix  a  reasonable  time  to  be  allowed  for  the  pur- 
pose of  testing  the  legality  of  the  arrest,  if  the  juvenile,  his 
counsel  or  guardian  ad  litem  states  that  he  or  they  desire  to 
do  so. 

Upon  reasonable  information  that  a  person  is  a  juvenile 
who  has  run  away  from  another  state  party  to  this  compact 
without  the  consent  of  a  natural  parent,  guardian  or  other 
person  entitled  to  his  legal  custody,  such  juvenile  may  be  taken 
into  custody  and  brought,  with  all  practicable  speed,  before  a 
judge  of  the  court  having  jurisdiction  over  delinquent, 
neglected,  or  dependent  juveniles,  who  shall  appoint  counsel 
or  guardian  ad  litem  for  such  juvenile  and  who  shall  determine 
after  a  hearing  whether  sufficient  cause  exists  to  hold  the  per- 
son, subject  to  the  order  of  the  court,  for  his  own  protection 
and  welfare,  for  such  a  time  not  exceeding  ninety  days  as  will 
enable  his  return  to  another  state  party  to  this  compact  pur- 
suant to  a  requisition  for  his  return  from  the  executive 
authority  of  that  state.  If,  at  the  time  when  a  state  seeks  the 
return  of  a  juvenile  who  has  run  away,  there  is  pending 
against  him  in  the  state  wherein  he  is  found  any  criminal 
charge,    or   any   proceeding  to   have   him   adjudicated   a   de- 


1955]  Chapter  121  161 

linquent  juvenile  for  an  act  committed  in  such  state,  or  if  he 
is  suspected  of  having  committed  within  such  state  a  criminal 
offense  or  an  act  of  juvenile  delinquency,  he  shall  not  be  re- 
turned without  the  consent  of  such  state  until  discharged  from 
prosecution  or  other  form  of  proceeding,  imprisonment,  deten- 
tion or  supervision  for  such  offense  or  juvenile  delinquency. 
The  duly  accredited  officers  of  any  state  party  to  this  compact, 
upon  the  establishment  of  their  authority  and  the  identity  of 
the  juvenile  being  returned,  shall  be  permitted  to  transport 
such  juvenile  through  any  and  all  states  party  to  this  compact, 
without  interference.  Upon  his  return  to  the  state  from  which 
he  ran  away,  the  juvenile  shall  be  taken  before  the  court  which 
made  application  for  his  return,  for  such  further  proceedings 
as  may  be  appropriate. 

(c)  That  the  costs  of  returning  a  juvenile  under  this  article 
shall  be  borne  by  the  state  to  which  he  is  returned. 

(d)  That  "juvenile"  as  used  in  this  article  means  any  person 
who  is  a  minor  under  the  law  of  tlie  state  from  which  he  ran 
away. 

Article  VI 
Voluntary  Return  Procedure 

Any  delinquent  juvenile  who  has  absconded  while  on  pro- 
bation or  parole,  or  escaped  from  an  institution  vested  with  his 
legal  custody  in  any  state  party  to  this  compact,  and  any 
juvenile  who  has  run  away  from  any  state  party  to  this  com- 
pact, who  is  arrested  without  a  warrant  in  another  state  party 
to  this  compact  under  the  provisions  of  Article  (IV  (b)  or  of 
Article  V  (b) ,  may  consent  to  his  immediate  return  to  the  state 
from  which  he  absconded,  escaped  or  ran  away  without  the 
necessity  of  further  formal  proceedings.  Such  consent  shall  be 
given  by  the  juvenile  or  delinquent  juvenile  and  his  counsel  or 
guardian  ad  litem  by  executing  or  subscribing  a  writing  in  the 
presence  of  a  judge  of  the  court  having  jurisdiction  over  de- 
linquent, neglected  or  dependent  juveniles,  which  states  that 
the  juvenile  or  delinquent  juvenile  and  his  counsel  or  guardian 
ad  litem  consent  to  his  return  to  the  demanding  state.  Before 
such  consent  shall  be  executed  or  subscribed,  however,  the 
judge,  in  the  presence  of  counsel  or  guardian  ad  litem,  shall  in- 
form the  juvenile  or  delinquent  juvenile  of  his  rights  under 
this  compact.  When  the  consent  has  been  duly  executed,  it 
shall  be  forwarded  to  and  filed  with  the  executive  authority  of 


162  Chapter  121  [1955 

the  state  in  which  the  court  is  located  and  the  judge  shall 
direct  the  officer  having  the  juvenile  or  delinquent  juvenile  in 
custody  to  deliver  him  to  the  duly  accredited  officer  or  officers 
of  the  state  demanding  his  return,  and  shall  cause  to  be  de- 
livered to  such  officer  or  officers  a  copy  of  the  consent. 

Article  VII 
Detention  Procedures 

That,  to  every  extent  possible,  it  shall  be  the  policy  of  states 
party  to  this  compact  that  no  juvenile  or  delinquent  juvenile 
shall  be  placed  or  detained  in  any  prison,  jail  or  lockup  nor  be 
detained  or  transported  in  association  with  criminal,  vicious  or 
dissolute  persons. 

Article  VIII 
Supplementary  Agreements 

That  the  duly  constituted  administrative  authorities  of  a 
state  party  to  this  compact  may  enter  into  supplementary 
agreements  with  any  other  state  or  states  party  hereto  for 
the  cooperative  care,  treatment  and  rehabilitation  of  delin- 
quent juveniles.  Such  care,  treatment  and  rehabilitation  may 
be  provided  in  an  institution  located  within  any  state  entering 
into  such  supplementary  agreement.  Such  supplementary 
agreements  shall  (1)  provide  the  rates  to  be  paid  for  the  care, 
treatment  and  custody  of  such  delinquent  juveniles,  taking 
into  consideration  the  character  of  facilities,  services  and  sub- 
sistence furnished ;  (2)  provide  that  the  delinquent  juvenile 
shall  be  given  a  court  hearing  prior  to  his  being  sent  to  another 
state  for  care,  treatment  and  custody;  (3)  provide  that  the 
state  receiving  such  a  delinquent  juvenile  in  one  of  its  institu- 
tions shall  act  solely  as  agent  for  the  state  sending  such  de~ 
hnquent  juvenile;  (4)  provide  that  the  sending  state  shall  at 
all  times  retain  jurisdiction  over  delinquent  juveniles  sent  to 
an  institution  in  another  state;  (5)  provide  for  reasonable  in- 
spection of  such  institutions  by  the  sending  state;  (6)  provide 
that  the  consent  of  the  parent  or  guardian  or  person  entitled 
to  the  legal  custody  of  said  delinquent  juvenile  shall  be  secured 
prior  to  his  being  sent  to  another  state;  and  (7)  make  pro- 
vision for  such  other  matters  and  details  as  shall  be  necessary 
to  protect  the  rights  and  equities  of  such  delinquent  juveniles 
and  of  the  cooperating  states. 


1955]  Chapter  121  163 

Article  IX 
Acceptance  of  Federal  and  Other  Aid 

That  anj^  state  party  to  this  compact  may  accept  any  and  all 
donations,  gifts  and  grants  of  money,  equipment  and  services 
from  the  federal  or  any  local  government,  or  any  agency  there- 
of and  from  any  person,  firm  or  corporation,  for  any  of  the  pur- 
poses and  functions  of  this  compact,  and  may  receive  and 
utilize  the  same  subject  to  the  terms,  conditions  and  regula- 
tions governing  such  donations,  gifts  and  grants. 

Article  X 
Compact  Administrators 

That  the  governor  of  each  state  party  to  this  compact  shall 
designate  an  officer  who,  acting  jointly  with  like  officers  of 
other  party  states,  shall  promulgate  such  rules  and  regulations 
as  may  be  deemed  necessary  to  more  effectively  carry  out  the 
terms  of  this  compact. 

Article  XI 
Execution  of  Compact 

That  this  compact  shall  become  operative  immediately  up- 
on its  execution  by  any  state  as  between  it  and  any  other  state 
or  states  so  executing.  When  executed  it  shall  have  the  full 
force  and  effect  of  law  within  such  state,  the  form  of  execution 
to  be  in  accordance  with  the  laws  of  the  executing  state. 

Article  XII 
Renunciation 

That  this  compact  shall  continue  in  force  and  remain  bind- 
ing upon  each  executing  state  until  renounced  by  it.  Renunci- 
ation of  this  compact  shall  be  by  the  same  authority  which 
executed  it,  by  sending  six  months'  notice  in  writing  of  its 
intention  to  withdraw  from  the  compact  to  the  other  states 
party  hereto.  The  duties  and  obligations  of  a  renouncing  state 
under  Article  III  hereof  shall  continue  as  to  parolees  and  pro- 
bationers residing  therein  at  the  time  of  withdrawal  until 
retaken  or  finally  discharged.  Supplementary  agreements  en- 
tered into  under  Article  VIII  hereof  shall  be  subject  to  re- 
nunciation as  provided  in  the  terms  of  such  supplementary 
agreements,  and  shall  not  be  subject  to  the  six  months'  re- 
nunciation notice  of  the  present  article. 


164  Chapter  121  [1955 

Article  XIII 
Severability 

That  the  provisions  of  this  compact  shall  be  severable  and 
if  any  phrase,  clause,  sentence  or  provision  of  this  compact  is 
declared  to  be  contrary  to  the  constitution  of  any  participating 
state  or  of  the  United  States  or  the  applicability  thereof  to  any 
government,  agency,  person  or  circumstance  is  held  invalid  the 
validity  of  the  remainder  of  this  compact  and  the  applicability 
thereof  to  any  government,  agency,  person  or  circumstance 
shall  not  be  affected  thereby.  If  this  compact  shall  be  held  con- 
trary to  the  constitution  of  any  state  participating  therein, 
the  compact  shall  remain  in  full  force  and  effect  as  to  the  re- 
maining states  and  in  full  force  and  effect  as  to  the  state 
affected  as  to  all  severable  matters.  It  is  the  intent  that  the 
provisions  of  this  compact  shall  be  reasonably  and  liberally 
construed. 

2.  Juvenile  Compact  Administrator.  Pursuant  to  said 
compact,  the  governor  is  hereby  authorized  and  empowered  to 
designate  an  officer  who  shall  be  the  compact  administrator 
and  who,  acting  jointly  with  like  officers  of  other  party  states, 
shall  promulgate  rules  and  regulations  to  carry  out  more 
effectively  the  terms  of  the  compact.  The  compact  administra- 
tor is  hereby  authorized,  empowered  and  directed  to  cooperate 
with  all  departments,  agencies  and  officers  of  and  in  the  gov- 
ernment of  this  state  and  its  subdivisions  in  facilitating  the 
proper  administration  of  the  compact  or  of  any  supplementary 
agreement  or  agreements  entered  into  by  this  state  there- 
under. 

3.  Supplementary  Agreements.  The  compact  administra- 
tor is  hereby  authorized  and  empowered  to  enter  into  supple- 
mentary agreement  or  agreements  with  appropriate  officials 
of  other  states  pursuant  to  the  compact.  In  the  event  that  a 
supplementary  agreement  or  agreements  shall  require  or  con- 
template the  use  of  any  institution  or  facility  of  this  state  or 
require  or  contemplate  the  provision  of  any  service  by  this 
state,  the  supplementary  agreement  shall  have  no  force  or 
effect  until  approved  by  the  head  of  the  department  or  agency 
under  whose  jurisdiction  the  institution  or  facility  is  operated 
or  whose  department  or  agency  will  be  charged  with  the 
rendering  of  such  service. 


1955]  Chapter  122  165 

4.  Financial  Arrangements.  The  compact  administrator, 
subject  to  the  approval  of  the  governor,  may  make  or  arrange 
for  any  payments  necessary  to  discharge  any  financial  obliga- 
tions imposed  upon  this  state  by  the  compact  or  by  any 
supplementary  agreement  entered  into  thereunder. 

5.  Fees.  Any  judge  of  this  state  who  appoints  counsel  or 
guardian  ad  litem  pursuant  to  the  provisions  of  the  compact 
may,  in  his  discretion,  fix  a  fee  to  be  paid  out  of  funds  avail- 
able for  disposition  by  the  court  but  no  such  fee  shall  exceed 
the  sum  of  one  hundred  dollars. 

6.  Responsibilities  of  State  Departments,  Agencies  and 
Officers.  The  courts,  departments,  agencies  and  oflficers  of  this 
state  and  its  subdivisions  shall  enforce  this  compact  and  shall 
do  all  things  appropriate  to  the  effectuation  of  its  purposes  and 
intent  which  may  be  within  their  respective  jurisdictions. 

7.  Juvenile  Delinquent.  The  term  "delinquent  juvenile"  as 
used  in  the  interstate  compact  on  juveniles  shall  include  a  de- 
linquent child  as  defined  in  Revised  Laws,  chapter  132. 

8.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  5,  1955.] 


CHAPTER  122. 


AN  ACT  RELATIVE  TO  SECURING  CERTAIN  LOADS  ON  MOTOR 
TRUCKS  AND  TRAILERS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

.  1.  Motor  Vehicles,  Loads.  Amend  chapter  119  of  the  Re- 
vised Laws,  (chapter  263,  RSA)  by  adding  after  section  39-a 
the  following  new  sections :  39-b.  Binder  Chains  on  Vehicles 
Carrying  Wood  Products  other  than  Logs  and  Sawed  Long 

Lumber.  No  motor  truck,  trailer  or  semi-trailer  while  being 
used  to  transport  pulpwood,  boltwood  or  any  wood  product, 
other  than  long  logs  or  sawed  long  lumber,  shall  be  operated  on 
the  highways  of  this  state  unless  the  last  tier  and/or  row  is 
bound  by  a  chain  and  binder  to  adequately  secure  the  load, 


166  Ch  AFTER  123  [1955 

chains  to  be  made  of  not  less  than  three-eighths  inch  wire. 
No  wood  product  other  than  logs  and/or  sawed  long  lumber 
shall  be  piled  higher  than  the  truck  stakes  unless  bound  by  a 
chain  and  binder  to  adequately  secure  the  load. 

39-c.  Binder  Ropes  on  Vehicles  Carrying  Baled  Hay.  I.   No 

motor  truck,  trailer  or  semi-trailer  while  being  used  to  trans- 
port baled  hay  shall  be  operated  on  the  highways  of  this  state 
unless  the  loads  of  baled  hay,  baled  straw,  or  other  baled 
products  shall  be  solidly  packed  while  in  transit.  Loading 
methods  shall  result  in  completely  tying  the  load  together  by 
alternating  bale  lengths  and  interlocking  tiers. 

II.  Such  loads  shall  be  fastened  securely  to  the  vehicle 
by  not  less  than  two  longitudinal  rope  binders  from  front  to 
the  back  of  vehicles;  and  by  not  less  than  four  cross  binders 
in  addition  to  the  longitudinal  binders ;  binders  to  be  of  at  least 
three-fourths  inch  diameter  knot  and  rot-free  manilla  rope. 

III.  The  provisions  of  paragraphs  I  and  11  shall  not 
apply  to  a  local  farmer  transporting  his  own  baled  products  in- 
cidental to  his  farming  operations  where  such  transportation 
requires  the  use  of  the  public  highways;  provided,  however, 
that  nothing  herein  shall  relieve  such  farmer  from  loading  and 
securing  such  bales  in  a  safe  manner. 

2.     Takes    Effect.       This    act    shall    take   effect   upon    its 
passage. 
[Approved  May  9,  1955.] 


CHAPTER  123. 

AN  ACT  RELATIVE  TO  THE  FEES  OF  MEDICAL  REFEREES. 

Be  it  enacted  by  the  Senate  and  Hmise  of  Representatives  in 
General  Court  convened: 

1.  Fee  for  a  View.  Amend  section  27  of  chapter  436  of 
the  Revised  Laws  (section  27,  chapter  611,  RSA)  by  striking 
out  the  word  "five"  in  the  second  line  thereof,  and  inserting  in 
place  thereof  the  word,  ten,  so  that  said  section  as  amended 
shall  read  as  follows:  27.  Fees.  The  fees  allowed  the  referee 
shall  not  exceed  the  following,  viz.:  For  a  view  and  inquiry 
without  an   autopsy,   ten   dollars;   for   a   view  and    autopsy, 


1955J  Chapter  124  167 

twenty-five  dollars;  for  an  inquest,  ten  dollars  a  day  for  the 
time  actually  spent  in  holding  such  inquest ;  and  for  all  neces- 
sary travel  at  the  rate  of  ten  cents  a  mile. 

2.     Takes    Effect.       This    act    shall   take   effect   upon    its 
passage. 
[Approved  May  9,  1955.] 


CHAPTER  124. 


AN  ACT  TO  REGULATE  THE  PRACTICE  OF  PROFESSIONAL 
ENGINEERING. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Professional  Engineering;  Definitions.  Amend  section 
1-a  of  chapter  170  of  the  Laws  of  1945,  as  amended  by  section  1 
of'  chapter  123  of  the  Laws  of  1951  (section  2,  chapter  319, 
RSA)  by  adding  at  the  end  thereof  the  following  definitions: 
V.  The  term  "engineer"  shall  mean  professional  engineer  as 
above  defined.  VL  The  term  "engineering"  shall  mean  pro- 
fessional engineering  as  above  defined. 

2.  Exception.  Amend  section  4  of  chapter  170  of  the  Laws 
of  1945  (section  5,  chapter  319,  RSA)  by  adding  after  the  word 
"compensation"  in  the  second  line  the  words,  except  as  pro- 
vided in  section  8,  so  that  said  section  as  amended  shall  read 
as  follows:  4.  Compensation  and  Expenses.  Members  of 
the  board  shall  serve  without  compensation  except  as  provided 
in  section  8,  but  shall  be  reimbursed  for  all  actual  traveling,  in- 
cidental, and  clerical  expenses  necessarily  incurred  in  carrying 
out  the  provisions  of  this  act. 

3.  Certification.  Amend  section  24  of  chapter  170  of  the 
Laws  of  1945  (section  26,  chapter  319,  RSA)  by  adding  after 
the  word  "revoke"  in  the  first  and  second,  and  twenty-second 
lines  the  words,  suspend  or  annul,  so  that  said  section  as 
amended  shall  read :  24.  Revocations.  The  board  shall  have 
the  power  to  revoke,  suspend  or  annul  the  certificate  of  regis- 
tration of  any  registrant  who  is  found  guilty  of:  (a)  the 
practice  of  any  fraud  or  deceit  in  obtaining  a  certificate  of 
registration;   (b)  any  gross  negligence,  incompetency,  or  mis- 


168  Chapter  124  [1955 

conduct  in  the  practice  of  professional  engineering  as  a 
registered  professional  engineer.  Any  person  may  prefer 
charges  of  fraud,  deceit,  gross  negligence,  incompetency,  or 
misconduct  against  any  registrant.  Such  charges  shall  be  in 
writing,  shall  be  sworn  to  by  the  person  making  them  and 
shall  be  filed  with  the  secretary  of  the  board.  All  charges,  un- 
less dismissed  by  the  board  as  unfounded  or  trivial,  shall  be 
heard  by  the  board  within  three  months  after  the  date  on 
which  they  shall  have  been  preferred.  The  time  and  place  for 
said  hearing  shall  be  fixed  by  the  board,  and  a  copy  of  the 
charges,  together  with  a  notice  of  the  time  and  place  of  hear- 
ing, shall  be  served  personally  on  or  mailed  to  the  last  known 
address  of  such  registrant,  at  least  thirty  days  before  the  date 
fixed  for  the  hearing.  At  any  hearing,  the  accused  registrant 
shall  have  the  right  to  appear  personally  and  by  counsel,  to 
cross-examine  witnesses  appearing  against  him,  and  to  pro- 
duce evidence  and  witnesses  in  his  own  defense.  If,  after  such 
hearing,  three  or  more  members  of  the  board  vote  in  favor  of 
finding  the  accused  guilty,  the  board  shall  revoke,  suspend  or 
annul  the  certificate  of  registration  of  such  registered  pro- 
fessional engineer. 

4.  Additional  Provisions  for  Certification.  Amend  section 
25  of  chapter  170  of  the  Laws  of  1945  (section  27,  chapter  319, 
RSA)  by  inserting  after  the  word  "revoked"  in  the  third  line 
the  words,  suspended  or  annulled,  so  that  said  section  as 
amended  shall  read  as  follows:  25.  Reissuance  of  Certificates. 
The  board,  for  reasons  it  may  deem  sufficient,  may  reissue  a 
certificate  of  registration  to  any  person  whose  certificate  has 
been  revoked,  suspended  or  annulled,  providing  three  or  more 
members  of  the  board  vote  in  favor  of  such  reissuance.  A  new 
certificate  of  registration,  to  replace  any  certificate  revoked, 
lost,  destroyed,  or  multilated,  may  be  issued,  subject  to  the 
rules  of  the  board,  and  a  charge  of  three  dollars  shall  be  made 
for  such  issuance. 

5.  Court  Appeal.  Amend  section  26  of  said  chapter  170  by 
striking  out  the  word  "or"  in  the  second  line  and  by  inserting 
after  the  word  "revoking"  in  the  second  line  the  words, 
suspending  or  annulling,  so  that  said  section  as  amended  shall 
read  as  follows:  26.  Appeal.  Any  person  who  shall  feel 
aggrieved  by  any  action  of  the  board  in  denying,  revoking, 
suspending  or  annulling   his   certificate   of  registration  may 


19o5j  Chapter  125  169 

appeal  therefrom  to  the  superior  court  and,  after  full  hearing-, 
said  court  shall  make  such  decree  sustaining  or  reversing  the 
action  of  the  board  as  it  may  deem  just  and  proper. 

6.  Wrongful  Use  of  Certificate.  Amend  section  27  of 
chapter  170  of  the  Laws  of  1945  as  amended  by  chapter  123  of 
the  Laws  of  1951  (section  29,  chapter  319,  RSA)  by  striking 
out  the  words  "under  the  title  of  professional  engineer"  in  the 
third  line  thereof  so  tliat  said  section  as  amended  shall  read: 
27.  Violations  and  Penalties.  Any  person  who  shall  practice 
or  offer  to  practice  professional  engineering  in  this  state  with- 
out being  registered  in  accordance  with  the  provisions  of  this 
act,  or  any  person  presenting  or  attempting  to  use  as  his  own 
the  certificate  of  registration  or  the  seal  of  another,  or  any 
person  who  shall  give  anj'-  false  or  forged  evidence  of  any  kind 
to  the  board  or  to  any  member  thereof  in  obtaining  a  certificate 
of  registration,  or  any  person  who  shall  falsely  impersonate 
any  other  registrant  of  like  or  different  name,  or  any  person 
who  shall  attempt  to  use  an  expired  or  revoked  certificate  of 
registration,  or  any  person  who  shall  violate  any  of  the  pro- 
visions of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  shall, 
upon  conviction,  be  sentenced  to  pay  a  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  five  hundred  dollars. 

7.  Takes    Effect.      This   act    shall    take   effect   upon    its 
■passage. 

[Approved  May  9,  1955.] 


CHAPTER  125. 

AN  ACT  RELATI\TE  TO   THE  PAYMENT  OF  POLL  AND  HEAD  TAXES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Poll  and  Head  Taxes.  Amend  section  3-a  of  chapter  116, 
Revised  Laws,  as  inserted  by  section  2  of  chapter  173,  Laws  of 
1953,  (section  5,  chapter  260,  RSA)  as  amended  by  section  2, 
chapter  39,  Laws  of  1955,  and  by  section  17  of  an  act  approved 
March  23,  1955,  relative  to  assessment  of  a  special  head  tax, 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following :     3-a.     Prohibition.     No  official  or  other  person  shall 


170  Chapters  126,  127  [1955 

issue  a  permit  to  register  a  motor  vehicle,  or  registration  for  a 
motor  vehicle,  or  license  to  operate  a  motor  vehicle,  or  a  license 
to  hunt,  fish  or  trap,  without  first  requiring  the  applicant  to 
make  an  affidavit  under  the  pains  and  penalties  of  perjury  that 
all  poll  and  head  taxes  for  which  he  is  liable  for  the  preceding 
year  have  been  paid.  Any  person  who  shall  violate  the  pro- 
visions of  this  section  shall  be  fined  not  more  than  fifty  dollars. 

2.     TakCvS    Effect.      This    act    shall    take    effect    upon   its 
passage. 
[Approved  May  9,  1955.] 


CHAPTER  126. 


an  act  relative  to  the  observance  of  the  memory  of 
General  Lafayette. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Cowt  convened: 

1.  Lafayette  Day.  The  governor  shall  annually  issue  a 
proclamation  calling  for  a  proper  observance  of  May  twentieth, 
the  anniversary  of  the  death  of  General  Marquis  de  Lafayette, 
revolutionary  war  hero,  in  lasting  recognition  of  his  gallant  and 
illustrious  service  in  the  war  for  American  independence. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  9,  1955.] 


CHAPTER  127. 

an  act  relative  to  the  pay  of  the  national  GUARD. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  National  Guard.  Amend  section  60  of  chapter  143  of 
the  Revised  Laws,  as  amended  by  section  1  of  chapter  185  of 
the  Laws  of  1947,  (section  60,  chapter  110,  RSA)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
60.     Per  Diem.     For  each  day's  service  in  complete  uniform, 


1955]  Chafter  128  171 

when  ordered  out  by  the  governor  for  duty,  except  for  annual 
inspection,  each  commissioned  officer,  non-commissioned  officer, 
warrant  officer  and  enlisted  man  of  the  New  Hampshire 
national  guard  shall  be  paid  at  the  same  rate  of  pay  as  that 
designated  in  the  pay  tables  of  the  United  States  army  for 
officers,  warrant  officers,  non-commissioned  officers  and  en- 
listed men  of  corresponding  rank  and  gi'ade  and  length  of 
service  in  the  regular  army. 

2.     Takes    Effect.       This    act    shall    take    effect    upon   its 
passage. 
[Approved  May  9,  1955.] 


CHAPTER  128. 


AN  ACT  RELATING  TO  EXTENDED  COVERAGE  IN  POLICIES  OF 
LIABILITY  INSURANCE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Cotirt  convened: 

1.  Accident  and  Health  Insurance.  Amend  section  20  of 
chapter  331  of  the  Revised  Laws,  as  amended  by  section  2  of 
chapter  207  of  the  Laws  of  1951,  (section  14,  chapter  415, 
RSA)  by  striking  out  the  word  "expense"  in  the  fifth  line 
thereof  so  that  said  section  as  amended  shall  read  as  follows : 
20.  Non-Application  to  Certain  Policies.  Except  as  other- 
wise specifically  provided,  nothing  in  this  chapter  shall  apply 
to  or  affect  (1)  any  policy  of  workmen's  compensation  insur- 
ance or  any  policy  of  liability  insurance  with  or  without  supple- 
mentary coverage  therein;  or  (2)  any  policy  or  contract  of  re- 
insurance; or  (3)  any  blanket  or  group  policy  of  insurance;  or 
(4)  life  insurance,  endowment  or  annuity  contracts,  or  con- 
tracts supplemental  thereto  which  contain  only  such  provisions 
relating  to  accident  and  sickness  insurance  as  (a)  provide  addi- 
tional benefits  in  case  of  death  or  dismemberment  or  loss  of 
sight  by  accident,  or  as  (b)  operate  to  safeguard  such  con- 
tracts against  lapse,  or  to  give  a  special  surrender  value  or 
special  benefit  or  an  annuity  in  the  event  that  the  insured  or 
annuitant  shall  become  totally  and  permanently  disabled,  as 
defined  by  the  contract  or  supplemental  contract. 


172  Chapter  129  [1955 

2.     Takes   Effect.      This    act    shall    take    effect    upon   its 
passage. 
[Approved  May  9,  1955.] 


CHAPTER  129. 

AN  ACT  RELATING  TO  CROPPING  DOGS'  EARS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Dogs.  Amend  sections  17-a  and  17-b,  chapter  180  of  the 
Revised  Laws  as  inserted  by  chapter  141  of  the  Laws  of  1943 
(sections  40  and  41,  chapter  466,  RSA)  by  striking  out  the 
same  and  inserting  in  place  thereof  the  following:  17-a. 
Cropping  of  Dog's  Ears.  Any  person  who  shall  crop  or  cut  or 
cause  to  be  cropped  or  cut  off  the  whole  or  any  part  of  the 
ear  of  a  dog,  unless  such  person  is  a  veterinarian  duly  regis- 
tered under  the  provisions  of  chapter  255  of  the  Revised  Laws, 
and  unless  such  operation  is  performed  while  the  dog  is  under 
an  anaesthetic,  shall  be  fined  not  more  than  two  hundred  and 
fifty  dollars. 

17-b.  Possession  of  Cropped  Dog.  The  possession  of  a 
dog  with  an  ear  cropped  or  cut  off  and  with  the  wound  result- 
ing therefrom  unhealed,  confined  upon  the  premises  of  or  in 
charge  or  custody  of  any  person,  shall  be  prima  facie  evidence 
of  a  violation  of  the  provisions  of  section  17-a  by  the  person 
in  control  of  such  premises  or  the  person  having  charge  or 
custody,  unless  such  person  shall  have  in  his  possession  a 
certificate  of  cropping  signed  by  a  veterinarian  duly  registered 
under  the  provisions  of  chapter  255  of  the  Revised  Laws 
certifying  that  he  performed  the  operation  in  accordance  with 
the  provisions  of  section  17-a  of  this  chapter,  giving  the  date 
of  the  operation,  the  name  of  the  owner  of  the  dog  and  a 
description  of  the  dog. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  9,  1955.] 


1955]  Chapters  130,  131  173 

CHAPTER  130. 

AN  ACT  RELATIVE  TO  THE  PRACTICE  OF  DENTISTRY. 

Be  it  enacted  by  the  Setiate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Practice  of  Dentistry.  Amend  section  7  of  chapter  251, 
Revised  Laws  (section  7,  chapter  317,  RSA)  by  striking  out 
the  word  "twenty-five"  in  the  second  line  and  inserting  in  place 
thereof  the  word,  fifty,  so  that  said  section  as  amended  shall 
read  as  follows:  7.  Applications.  Applications  for  license 
shall  be  made  to  said  board  in  writing,  and  shall  be 
accompanied  by  a  fee  of  fifty  dollars  and  by  satisfactory  proof 
that  the  applicant  is  a  graduate  of  a  recognized  dental  school. 
The  applicant  shall  be  a  citizen  of  the  United  States,  of  good 
moral  character,  and  at  least  twenty-one  years  of  age. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  9,  1955.] 


CHAPTER  131. 


AN  ACT  RELATIVE  TO  REAL  ESTATE  INVESTMENTS  AND  LOANS 
OF  BUILDING  AND  LOAN  ASSOCIATIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Real  Estate  Investments.  Amend  paragraph  II,  section 
20,  chapter  314,  Revised  Laws  as  amended  by  section  7,  chap- 
ter 24,  Laws  of  1947  (paragraph  II,  section  24,  chapter  393, 
RSA)  by  inserting  at  the  end  thereof  the  words :  except  as  it 
is  authorized  to  do  so  by  the  commissioner;  so  that  said  para- 
graph as  amended  shall  read  as  follows :  11.  In  the  purchase 
of  improved  or  unimproved  real  estate  and  in  the  construction 
or  improvement  of  buildings  thereon  for  the  purpose  of  pro- 
viding offices  for  the  transaction  of  an  association's  business. 
Such  buildings  may  also  include  space  for  rental  purposes.  The 
cost  to  the  association  of  such  lands  and  buildings  shall  not  ex- 
ceed fifty  per  cent  of  the  sum  of  such  association's  guaranty 


174  Chapter  132  [1955 

fund,  surplus,  and  reserves  at  the  time  such  investment  is  made 
except  as  it  is  authorized  to  do  so  by  the  commissioner. 

2.  Time  Extended.  Amend  section  10,  chapter  314,  Re- 
vised Laws,  as  amended  by  section  1,  chapter  140,  Laws  of 
1945  (section  15,  chapter  393,  RSA)  by  striking  out  the  word 
"twenty"  in  hne  seventeen  and  inserting  in  place  thereof  the 
word,  twenty-five,  so  that  said  section  as  amended  shall  read 
as  follows:  10.  Loans.  Any  such  corporation  may  loan 
money  so  collected,  together  with  interest,  premiums,  fines  and 
profits  arising  from  the  business,  to  its  shareholders  and  mem- 
bers on  first  mortgages  on  real  estate,  or  on  buildings  in  the 
town  of  Hampton  situated  on  land  not  belonging  to  the  owner 
of  the  building.  The  loans  shall  not  exceed  the  appraisal  value 
of  said  property.  Such  corporation  may  accept  other  satis- 
factory collateral  as  additional  security  for  the  loan.  A  premium 
may  be  charged  in  excess  of  the  established  rate  of  interest. 
Said  loans  shall  be  share  sinking  fund  or  direct  reduction  loans. 
In  share  sinking  fund  loans  serial  shares  of  the  corporation 
shall  also  be  pledged  sufficient  in  amount  to  repaj^  the  loan  upon 
maturity.  Direct  reduction  loans  shall  be  repayable  in  monthly 
installments  sufficient  to  amortize  the  same  paying  off  interest 
or  premium  and  principal  in  any  period  of  time  not  exceeding 
twenty-five  years.  Any  such  corporation  holding  a  first  mort- 
gage on  such  property  may  take  a  subsequent  mortgage  or 
mortgages  on  the  same  property  provided  that  there  are  no  in- 
tervening liens.  Any  shareholder  may  borrow  on  the  shares  of 
such  corporation  up  to  the  full  value  thereof  at  the  time  of  the 
loan. 

3.  Takes  EflFect.  This  act  shall  take  eff"ect  upon  its 
passage. 

[Approved  May  12,  1955.] 


CHAPTER  132. 


AN  ACT  RELATIVE  TO  MILEAGE  ALLOWANCE  FOR  LEGISLATIVE 
OFFICERS  AND  EMPLOYEES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Change  in  Computation.     Amend  section  17,  chapter  9, 


1955]  Chapter  133  175 

Revised  Laws,  as  amended  by  chapter  214,  Laws  of  1943,  sec- 
tion 3,  chapter  117,  Laws  of  1949,  and  section  5,  chapter  251, 
Laws  of  1951  (section  18,  chapter  14,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  17. 
Employees.  Officers  and  employees  of  the  senate  and  house  of 
representatives  shall  be  allowed  mileage  at  the  same  rate  as 
other  state  employees  for  each  day  of  attendance  up  to  a  maxi- 
mum of  fifty  miles  for  one  way  of  travel.  Any  fractional  part 
of  a  mile  shall  be  deemed  to  be  one  mile  for  the  purposes  here- 
of. The  committee  on  mileage  shall  be  the  arbiters  of  all  dis- 
putes and  claims  involving  payment  of  mileage  to  such  officers 
and  employees. 

2.     Takes  Effect.     This  act  shall  take  effect  as  of  January  5, 
1955. 

[Approved  May  12,  1955.] 


CHAPTER  133. 


AN  ACT  RELATIVE  TO  THE  SALARY   OP  THE  JUSTICE  OF  THE 
MUNICIPAL  COURT  OF  PORTSMOUTH. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Portsmouth  Municipal  Court.  Amend  paragraph  I  of 
section  31  of  chapter  377  of  the  Revised  Laws,  as  amended  by 
chapter  232  of  the  Laws  of  1947,  chapters  73,  213,  and  251, 
Laws  of  1953  (section  7,  chapter  502,  RSA)  by  striking  out 
the  words  "In  Portsmouth,  one  thousand  eight  hundred 
dollars"  and  inserting  in  place  thereof  the  words.  In  Ports- 
mouth, two  thousand  five  hundred  dollars,  so  that  said  para- 
graph as  amended  shall  read  as  follows:  I.  Salaries  of 
justices  of  municipal  courts  shall  be  paid  from  the  treasury  of 
the  city  or  town  in  which  such  courts  are  located,  may  be  paid 
quarterly  or  monthly,  and  shall  be  in  the  following  sums  per 
annum : 

In  Manchester,  four  thousand  six  hundred  dollars; 

In  Nashua,  three  thousand  dollars; 

In  Concord,  three  thousand  five  hundred  dollars; 

In  Portsmouth,  two  thousand  five  hundred  dollars; 

In  Dover,  one  thousand  eight  hundred  dollars; 


176  Chapter  134  [1955 

In  Laconia,  one  thousand  eight  hundred  dollars ; 

In  Keene,  one  thousand  eight  hundred  dollars; 

In  Claremont,  one  thousand  eight  hundred  dollars; 

In  Berlin,  twenty-two  hundred  dollars; 

In  Rochester,  one  thousand  two  hundred  dollars ; 

In  Lebanon,  one  thousand  five  hundred  dollars ; 

In  Newport,  nine  hundred  dollars; 

In  Derry,  nine  hundred  dollars ; 

In  Franklin,  one  thousand  two  hundred  dollars; 

In  Exeter,  eight  hundred  dollars; 

In  Somersworth,  eight  hundred  dollars; 

In  Littleton,  eight  hundred  dollars ; 

In  Milford,  six  hundred  dollars; 

2.     Takes    Effect.       This    act   shall   take   effect    upon   its 
passage. 
[Approved  May  14,  1955.] 


CHAPTER  134. 


AN   ACT  RELATIVE  TO  THE   TRAPPING  OF   FUR-BEARING  ANIMALS 

IN  THE  Androscoggin  Valley  watershed. 

Be  it  enacted  by  the  Se.nate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Trapping  Prohibited.  Amend  chapter  244  of  the  Re- 
vised Laws  (chapter  210,  RSA)  by  inserting  after  section  5 
thereof  the  following  new  section :     5-a.     Trapping  Prohibited. 

Notwithstanding  any  other  provision  of  this  chapter,  it  shall 
be  unlawful  to  trap  muskrat  north  of  the  Berlin-Milan  line  in 
the  Androscoggin  Valley  watershed.  Any  person  found  violat- 
ing the  provisions  hereof  shall  be  fined  the  same  amount  as  is 
prescribed  for  violations  of  sections  1  to  5,  inclusive ;  provided, 
however,  that  this  section  shall  be  in  effect  for  a  period  of  one 
year  only  from  date  of  its  enactment. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  14,  1955.] 


1955]  Chapter  135  177 

CHAPTER  135. 

AN  ACT  TO  PROMOTE  HIGHWAY  SAFETY  BY  REGULATING  ACCESS 

FROM    STATE   HIGHV/AYS  TO  DRIVE-IN  THEATRES  AND 

ROADSIDE  ADVERTISING  NEAR  INTERSECTIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Safety  of  Highways.  Amend  part  19,  chapter  90  of  the 
Revised  Laws  by  inserting-  after  section  38,  as  inserted  by 
chapter  188,  Laws  of  1945,  the  following  new  section : 

39.  Drive-In  Theatres.  L  Prohibition.  It  shall  be  un- 
lawful to  construct  a  drive-in  theatre  with  direct  access  to  or 
from  any  class  I,  II  or  III  highway,  without  first  obtaining  a 
written  permit  from  the  commissioner  of  public  works  and 
highways  covering  access  provisions  and  such  additional  pro- 
visions as  may  be  required  to  promote  safety  on  the  adjoining 
highways. 

IL  Hearing.  Said  commissioner  is  authorized  to  con- 
duct a  public  hearing,  if  deemed  that  the  public  good  requires, 
or  the  individual  requesting  permit  files  written  demand  for 
same,  to  be  held  before  the  commissioner  or  the  deputy  com- 
missioner of  public  works  and  highways,  and  the  commissioner 
of  motor  vehicles  department  and  the  superintendent  of  state 
.police,  or  their  authorized  representatives,  acting  in  an 
advisory  capacity  to  the  commissioner  or  deputy  commissioner 
of  public  works  and  highways.  Written  notice  of  such  hearing 
shall  be  given  to  the  applicant  or  apphcants  and  the  town 
authorities,  and  notice  to  the  public  posted  in  a  public  place 
in  the  town  where  construction  is  proposed,  at  least  two  weeks 
prior  to  date  of  hearing. 

HL  Permit.  Said  commissioner,  with  the  advice  of  the 
commissioner  of  motor  vehicles  and  superintendent  of  state 
police,  may  issue  a  permit  in  each  case  containing  such  re- 
quirements and  provisions  as  will  protect  the  safety  of  the 
travelling  public.  He  may  provide  that  the  screen  of  a  drive- 
in  theatre  be  so  placed  as  will  prevent  the  view  of  the  picture 
face  of  same  from  said  highways  or  provide  that  suitable 
screening  be  placed  as  will  obstruct  said  view  if  topography 
does  not  allow  such  placement.  He  may  provide  that  in  any 
location  where  the  free  flow  of  traffic  from  the  highway  to  a 
drive-in  theatre  is  prevented  by  the  operation  of  ticket  sellers, 


178  Chapter  136  [1955 

parking  attendants  or  in  any  other  manner,  there  shall  be  pro- 
vided an  adequate  storage  area  for  vehicles  between  the  high- 
way pavement  and  the  location  of  ticket  booths,  parking  area, 
or  other  cause  of  traffic  stoppage  and  delay,  to  prevent  backing 
up  of  vehicles  on  the  highway  pavement.  He  may  provide  that 
traffic  control  devices  or  warning  signals  be  installed,  meeting 
his  approval,  located  within  the  establishment  as  well  as 
similar  devices  controlling  the  state  highway.  Application  for 
permit  by  the  owner  or  owners  shall  be  made  at  least  sixty 
days  before  proposed  construction.  A  plot  plan  of  proposed 
establishment  shall  be  included  with  the  application  for  said 
permit. 

IV.  Appeal.  Any  party  aggrieved  by  the  decision  of  the 
commissioner  may  appeal  said  decision  under  procedure  as 
provided  by  chapter  414,  Revised  Laws. 

V.  Roadside  Use.  It  shall  be  unlawful  to  erect  any  road- 
side advertising  within  a  distance  of  400  feet  of  any  highway 
intersection  of  Class  I  and  II  highways  or  railroad  grade  cross- 
ings thereon  when  said  advertising  obstructs  the  view  of  said 
intersections  and  crossings,  rendering  the  approach  to  same  by 
vehicular  traffic  hazardous. 

VI.  Penalty.  Whoever  violates  any  provision  of  this 
section  or  the  requirements  or  provisions  of  permits  there- 
under, shall  be  fined  not  more  than  one  hundred  dollars  and 
shall  cease  operation  of  any  offending  establishment  pending 
fulfillment  of  requirements  and  special  provisions. 

2.    Takes    Effect.      This    act    shall   take    effect    upon    its 
passage. 
[Approved  May  14,  1955.] 


CHAPTER  136. 

AN  ACT  RELATIVE  TO  BOW  AND  ARROW  LICENSE  FOR  MINORS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Bow  and  Arrow.  Amend  section  16-a  of  chapter  242  of 
the  Revised  Laws,  as  inserted  by  chapter  258,  Laws  of  1949, 
and  as  amended  by  section  1,  chapter  145,  Laws  of  1951  (sec- 


1955]  Chapter  136  179 

tion  5,  chapter  208,  RSA)  by  striking  out  after  the  word 
"license"  in  the  seventh  line  the  words  "which  shall  entitle 
him  to  hunt  deer  with  bow  and  arrow  for  a  period  of  ten  days 
immediately  prior  to  the  open  season  for  taking  deer"  and  in- 
serting in  place  thereof  the  following:  Said  special  license 
shall  entitle  the  holder  to  hunt  deer  with  bow  and  arrow  for 
a  period  of  twenty-one  days  immediately  prior  to  the  open 
season  for  taking  deer  in  Bear  Brook  Reservation  and  for  a 
period  of  ten  days  immediately  prior  to  the  open  season  for 
taking  deer  elsev/here,  provided  that  if  said  nonresident  not 
holding  a  New  Hampshire  hunting  license  shall  be  a  person 
under  sixteen  years  of  age  he  shall  not  be  entitled  to  hunt 
under  said  special  license  except  when  accompanied  by  a  prop- 
erly licensed  person  who  is  twenty-one  years  of  age  or  over. 
A  special  license  shall  not  be  required  for  residents  less 
than  sixteen  years  of  age,  but  such  person  while  hunt- 
ing with  bow  and  arrow  must  be  accompanied  by  a  properly 
licensed  person  who  is  twenty-one  years  of  age  or  over, 
and  must  further  comply  with  all  provisions  of  this  chapter, 
so  that  said  section  as  amended  shall  read  as  follows:  16-a. 
Bow  and  Arrow.  Any  resident  holding  a  valid  New  Hampshire 
hunting  license  upon  the  payment  of  an  additional  fee  of  two 
dollars,  or  any  nonresident  holding  a  valid  New  Hampshire 
hunting  license  upon  the  payment  of  an  additional  fee  of  three 
dollars,  or  a  nonresident  not  holding  a  New  Hampshire  hunt- 
ing license,  upon  the  payment  of  a  fee  of  ten  dollars,  shall  be 
issued  a  special  license.  Said  special  license  shall  entitle  the 
holder  to  hunt  deer  with  bow  and  arrow  for  a  period  of  twenty- 
one  days  immediately  prior  to  tlie  open  season  for  taking  deer 
in  Bear  Brook  Reservation  and  for  a  period  of  ten  days  im- 
mediately prior  to  the  open  season  for  taking  deer  elsewhere, 
provided  that  if  said  nonresident  not  holding  a  New  Hampshire 
hunting  license  shall  be  a  person  under  sixteen  years  of  age  he 
shall  not  be  entitled  to  hunt  under  said  special  license  except 
when  accompanied  by  a  properly  licensed  person  who  is  twenty- 
one  years  of  age  or  over.  A  special  license  shall  not  be  required 
for  residents  less  than  sixteen  years  of  age,  but  such  person 
while  hunting  with  bow  and  arrow  must  be  accompanied  by  a 
properly  licensed  person  who  is  twenty-one  years  of  age  or 
over,  and  must  further  comply  with  all  provisions  of  this 
chapter.  Any  person  taking  a  deer  under  the  provisions  of  this 


180  Chapter  137  [1955 

section  shall  notify  a  conservation  officer  within  twenty-four 
hours  of  such  taking. 

2.    Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  14,  1955.] 


CHAPTER  137. 

AN  ACT  RELATING  TO  THE  TAXATION  OF  HOUSE  TRAILERS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Taxation.  Amend  chapter  73  of  the  Revised  Laws 
(chapter  298,  RSA)  by  inserting  after  section  22  the  follow- 
ing new  section:  22-a.  House  Trailers.  Any  house  trailer 
used  as  a  dwelling  by  a  resident  of  this  state  shall  be  taxed  as 
personal  property  in  the  town  where  it  is  and  so  used  on  April 
first,  or  in  any  town  in  which  it  is,  or  into  which  it  is  brought, 
and  so  used  after  April  first  and  before  December  thirty-first 
of  any  year,  if  it  has  not  been  taxed  hereunder  in  such  town 
or  elsewhere  in  the  state  for  that  year.  Notwithstanding  the 
provisions  of  section  16  of  chapter  73,  a  municipal  permit  for 
registration  shall  not  be  required  as  a  condition  to  the  registra- 
tion of  any  house  trailer  which  in  the  current  tax  year  has 
been  taxed  under  this  section  and,  satisfactory  evidence  that 
such  tax  has  been  paid  is  produced;  and  if  a  perrjiit  fee 
shall  have  been  paid  in  such  year  prior  to  the  assessment 
of  a  tax  hereunder,  an  amount  equal  to  such  fee  shall  be 
allowed  as  a  credit  against  such  tax,  regardless  of  the  town  in 
which  said  fee  was  paid.  For  the  purposes  hereof,  a  person 
shall  be  deemed  a  resident  of  this  state  if  he  have  a  home  here 
for  a  period  of  ninety  days  or  more  during  the  tax  year,  or  for 
a  lesser  time  if  he  has  no  home  elsewhere.  A  house  trailer  shall 
be  deemed  to  be  used  as  a  dwelling  if  it  be  the  sole  or  principal 
abode  in  this  state,  of  a  resident.  The  term  tax  year  shall  mean 
the  period  April  first  through  March  thirty-first,  inclusive. 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  June  1, 
1955. 

[Approved  May  14,  1955.] 


1955]  Chapters  138,  139  181 

CHAPTER  138. 

AN  ACT  NAMING  THE  GOVERNOR  JOHN  WENTWORTH  HIGHWAY, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Governor  John  Went  worth  Highway.  The  highway 
known  as  route  109  from  the  junction  of  said  route  109  and 
route  16  in  the  town  of  Wakefield  to  the  junction  of  said  route 
109  and  route  25  in  the  town  of  Moultonborough  shall  be  named 
and  hereafter  known  as  the  Governor  John  Wentworth  High- 
way. The  commissioner  of  public  works  and  highways  is 
directed  to  mark  said  highway  with  appropriate  markers 
designating  the  name  given  to  said  highway. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  14,  1955.] 


CHAPTER  139. 


AN  ACT  RELATIVE  TO  SHARE  OR  SHARE  ACCOUNT  LIMITS  OF 
BUILDING  AND  LOAN  ASSOCIATIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Building  and  Loan  Associations.  Amend  section  5-b  of 
chapter  314,  Revised  Laws,  as  inserted  by  chapter  43,  Laws 
of  1947,  and  as  amended  by  section  3,  chapter  106,  Laws  of 
1949  and  section  1,  chapter  166,  Laws  of  1953  (section  8,  chap- 
ter 393,  RSA)  by  striking  out  the  words,  "No  person  shall  hold 
such  savings  shares  in  any  one  association  with  an  aggregate 
participation  value  exceeding  ten  thousand  dollars,  or  one-half 
of  one  per  cent  of  the  total  assets  of  said  association  whichever 
is  the  greater,"  so  that  said  section  as  amended  shall  read  as 
follows:  5-b.  Shares.  Such  association  may  issue  savings 
shares  in  connection  with  accounts  upon  which  payments  may 
be  made  at  the  option  of  the  shareholder. 

2.  Repeal.  Sections  6,  8-a  and  32  of  chapter  314,  Revised 
Laws  (sections  9,  13  and  36,  chapter  393,  RSA)  relative  to 
limitations  on  shares,  are  hereby  repealed. 


182  Chapter  139  [1955 

3.  Limitations  Removed.  Amend  section  35,  chapter  314, 
Revised  Laws,  as  amended  by  section  3,  chapter  7,  Laws  of 
1943,  section  9,  chapter  106,  Laws  of  1949,  and  section  2,  chap- 
ter 166,  Laws  of  1953  (section  39,  chapter  393,  RSA)  by  strik- 
ing out  the  words,  "No  person  shall  hold  more  than  fifteen 
thousand  dollars  in  these  shares,  or  a  combination  of  paid-up 
shares  and  investment  shares,"  so  that  said  section  as  amended 
shall  read  as  follows :  35.  Investment  Shares.  Associations 
may  issue  investment  shares  bearing  dividends  at  a  rate  not  to 
exceed  five  per  cent  per  annum  payable  semi-annually.  Invest- 
ment shares  may  be  withdrawn  or  retired  under  the  same 
conditions  as  provided  for  paid-up  shares  by  sections  33 
and  34. 

4.  Single-Payment  Shares.  Amend  section  36  of  chapter 
314,  Revised  Laws,  as  amended  by  section  3,  chapter  140,  Laws 
of  1945  (section  40,  chapter  393,  RSA)  by  striking  out  the 
words  "No  person  shall  hold  more  than  twenty-five  single-pay- 
ment shares,"  so  that  said  section  as  amended  shall  read  as 
follows :  36.  Authority  to  Issue ;  Value ;  Rights.  Such  asso- 
ciations may  issue  single-payment  shares  of  an  ultimate  value 
of  two  hundred  dollars  each.  Such  single-payment  shares  shall 
be  issued  for  the  consideration  of  the  initial  payment  only  and 
no  further  payment  shall  be  accepted  on  account  thereof. 
Profits  and  dividends  accruing  thereon  shall  be  added  to  the 
initial  payment  until  the  value  of  each  share  reaches  two 
hundred  dollars,  when  it  shall  be  paid  to  the  shareholder  and 
the  share  shall  be  retired  or  paid-up  share  issued  therefor 
under  section  31.  A  holder  of  a  single  share  shall  have  the 
right  of  withdrawal  prescribed  by  sections  26  and  28  subject 
to  the  limitations  therein  set  forth  but  such  withdrawal  must 
be  exercised  as  to  the  whole  of  the  value  of  the  share  at  the 
time  of  withdrawal.  Single-payment  shares  may  be  paid  off  at 
any  time  at  the  option  of  the  board  of  directors  provided  thirty 
days'  notice  of  the  payment  date  shall  have  been  given  to  the 
holder.  The  said  notice  may  not  be  waived. 

5.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  14,  1955.] 


1955]  Chapters  140,  141  183 

CHAPTER  140. 

AN  ACT  RELATIVE  TO  UNSECURED  LOANS  OF  BUILDING  AND 
LOAN  ASSOCIATIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Building  and  Loan  Avssociations.  Amend  chapter  314 
of  the  Revised  Laws  (chapter  393,  RSA)  by  inserting  after 
section  13  the  following  new  section:    13-a.    Unsecured  Loans. 

An  association  or  cooperative  bank  may  loan  its  funds  in  loans 
insured  by  the  Federal  Housing  Commissioner  under  Title  I  of 
the  National  Housing  Act  of  1934  with  all  subsequent  amend- 
ments thereto. 

2.  Takes  Eifect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  14,  1955.] 


CHAPTER  141. 

AN  ACT  RELATIVE  TO  THE  UNEMPLOYMENT  COMPENSATION  LAW. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Employer.  Amend  paragraph  (1)  of  subsection  H  of 
section  1  of  chapter  218  of  the  Revised  Laws,  as  amended  by 
section  2,  chapter  185  of  the  Laws  of  1949,  (paragraph  (1) 
subsection  G,  section  1,  chapter  282,  RSA)  by  striking  out  the 
whole  of  the  same  and  inserting  in  place  thereof  the  follow- 
ing: (1)  Any  employing  unit  which  in  each  of  twenty  differ- 
ent weeks,  whether  or  not  such  weeks  are  or  were  consecutive, 
has  or  had  in  employment  within  a  calendar  year  four  or  more 
individuals,  irrespective  of  whether  the  same  individuals  are  or 
were  employed  in  each  such  week. 

2.  Employment  Exemption.  Amend  paragraph  (4)  of  sub- 
section I  of  section  1  of  said  chapter  218,  as  amended  by  chap- 
ter 58  of  the  Laws  of  1945,  sections  3  and  4,  chapter  138  of 
the  Laws  of  1945,  sections  2  and  3,  chapter  59  of  the  Laws  of 
1947,  and  section  1,  chapter  209  of  the  Laws  of  1953,  (para- 
graph (4)  subsection  H,  section  1,  chapter  282,  RSA)  by  in- 


184  Chapter  141  [1955 

serting  after  subparagraph  (o)  the  following  new  subpara- 
graph (p) :  (p)  Service  performed  on  behalf  of  or  for  a 
corporation  or  association  by  an  officer  or  director  thereof,  for 
which  service  no  wages,  as  defined  in  subsection  P  of  this 
section  or  under  the  rules  and  regulations  of  the  director,  are 
paid  or  payable  to  such  officer  or  director  or  any  person, 
organization  or  association. 

3.  Homeworkers.  Amend  subsection  I  of  section  1  of  said 
chapter  218,  as  amended  by  chapter  58  of  the  Laws  of  1945, 
sections  3  and  4,  chapter  138  of  the  Laws  of  1945,  sections  1,  2 
and  3,  chapter  59  of  the  Laws  of  1947,  section  3,  chapter  185 
of  the  Laws  of  1949,  and  section  1,  chapter  209  of  the  Laws  of 
1953,  (subsection  I,  section  1,  chapter  282,  RSA)  by  inserting 
after  paragraph  (5)  the  following  new  paragraph  (6) :  (6) 
Homeworkers.  Service  performed  wholly  or  in  part  at  an  in- 
individual's  own  home  or  any  other  place,  whether  done  for 
himself  or  others,  for  which  remuneration  or  payment  is  made 
on  the  basis  of  pieces  of  work  done,  or  quantity  or  lot  of  work 
done,  or  in  proportion  to  the  piece  or  part  thereof  completed, 
or  by  the  hour,  shall  be  employment,  and  the  monies  so  paid 
shall  be  wages  within  the  meaning  of  this  chapter.  The  em- 
ploying unit  which  pays  such  wages  shall  be  the  employing 
unit  of  such  individual  for  the  purpose  of  this  chapter. 

4.  Most  Recent  Employer.  Amend  subsection  L  of  section 
1  of  said  chapter  218,  as  amended  by  section  4,  chapter  59  of 
the  Laws  of  1947,  and  section  1,  chapter  36  of  the  Laws  of 
1951,  (subsection  K,  section  1,  chapter  282,  RSA)  by  striking 
out  the  whole  of  the  same  and  inserting  in  place  thereof  the 
following:  L.  "Most  Recent  Employer"  means  the  last  em- 
ployer with  whom  an  individual's  work  record  exceeded  four 
consecutive  weeks  of  employment. 

5.  Wages.  Amend  paragraph  (3)  of  subsection  N  of  sec- 
tion 1  of  said  chapter  218,  as  amended  by  section  5,  chapter  59 
of  the  Laws  of  1947,  (paragraph  (3)  of  subsection  M,  section  1, 
chapter  282,  RSA)  by  striking  out  the  whole  of  the  same  and 
inserting  in  place  thereof  the  following:  (3)  As  used  in  this 
subsection,  the  term  "wages"  shall  not  include:  the  first  three 
dollars  computed  to  the  nearest  dollar  earned  during  any  week, 
or  any  sum  paid  pursuant  to  an  arbitration  award,  or  any 
similar  payment  under  any  state  or  federal  statute,  or  vacation 


1955]  Chapter  141  185 

pay  paid  subsequent  to  the  vacation  period,  or  any  retroactive 
payment  made  by  reason  of  the  establishment  or  adjustment 
of  a  piece  rate. 

6.  Dismissal  PajTiients.  Amend  paragraph  (1)  of  sub- 
section P  of  section  1  of  said  chapter  218,  as  amended  by  sec- 
tion 6,  chapter  59  of  the  Laws  of  1947,  chapter  262  of  the 
Laws  of  1949,  and  section  2,  chapter  140  of  the  Laws  of  1951, 
(paragraph  (1)  subsection  0,  section  1,  chapter  282,  RSA)  by 
striking  out  the  whole  of  subparagraph  (c)  thereof,  and 
further  amend  said  paragraph  (1)  by  relettering  subpara- 
graphs (d)  and  (e),  so  that  said  paragraph  as  amended  shall 
read  as  follows:     (1)  The  term  "wages"  shall  not  include: 

(a)  For  the  purposes  of  section  6  of  this  chapter,  that 
part  of  remuneration  which,  after  remuneration  equal  to  three 
thousand  dollars  has  been  paid  to  an  individual  by  an  em- 
ployer with  respect  to  employment  during  any  calendar  year, 
is  paid  to  such  individual  by  such  employer  with  respect  to 
employment  occurring  during  such  calendar  year  and  after 
December  31,  1940  and  prior  to  January  1,  1947 ;  or  that  part 
of  the  remuneration  which,  after  remuneration  equal  to  three 
thousand  dollars  with  respect  to  employment  has  been  paid  to 
an  individual  by  an  employer  during  any  calendar  year  after 
1946,  is  paid  to  such  individual  by  such  employer  during  such 
calendar  year;  providing,  that  if  the  definition  of  the  term 
"wages"  as  contained  in  the  Federal  Unemployment  Tax  Act 
is  amended  to  include  remuneration  in  excess  of  three  thousand 
dollars  paid  to  an  individual  by  an  employer  under  the  federal 
act  during  any  calendar  year,  "wages"  for  the  purposes  of 
section  6  of  this  chapter  shall  include  remuneration  paid  in  a 
calendar  year  to  an  individual  by  an  employer  subject  to  this 
chapter  or  his  predecessor  with  respect  to  employment  during 
any  calendar  year  up  to  an  amount  equal  to  the  dollar  limita- 
tion specified  in  the  Federal  Unemployment  Tax  Act.  For  the 
purposes  of  this  subsection,  the  term  "employment"  shall  in- 
clude service  constituting  employment  under  any  employment 
security  law  of  another  state  or  of  the  federal  government. 

(b)  The  amount  of  any  payment  made  to,  or  on  behalf  of, 
an  individual  in  its  employ  under  a  plan  or  system  established 
by  an  employing  unit  which  makes  provisions  for  individuals 
in  its  employ  generally  or  for  a  class  or  classes  of  individuals  in 
its  employ  (including  any  amount  paid  by  an  employer  for  in- 


186  Chapter  141  [1955 

surance  or  annuities,  or  into  a  fund,  to  provide  for  any  such 
payment),  on  account  of  (A)  retirement,  or  (B)  sickness  or 
accident  disability,  or  (C)  medical  and  hospitalization  expenses 
in  connection  with  sickness  or  accident  disability,  or  (D)  death, 
provided  the  individual  in  its  employ  (i)  has  not  the  option  to 
receive,  instead  of  provision  for  such  death  benefit,  any  part  of 
such  payment  or,  if  such  death  benefit  is  insured,  any  part  of 
the  premiums  (or  contributions  to  premiums)  paid  by  the  em- 
ploying unit,  and  (ii)  has  not  the  right,  under  the  provisions 
of  the  plan  or  system  or  policy  of  insurance  providing  for  such 
death  benefit,  to  assign  such  benefit,  or  to  receive  a  cash  con- 
sideration in  lieu  of  such  benefit  either  upon  his  withdrawal 
from  the  plan  or  system  providing  for  such  benefit  or  upon 
termination  of  such  plan  or  system  or  policy  of  insurance  or 
of  his  employment  with  such  employing  unit ; 

(c)  Any  amounts  paid  by  an  employing  unit  under  the 
provisions  of  section  fourteen  hundred  of  the  Internal  Revenue 
Code  without  having  deducted  the  same  from  the  remuneration 
of  individuals  in  its  employ; 

(d)  Any  amounts  received  from  the  federal  government 
by  members  of  the  national  guard  and  organized  reserve,  as 
drill  pay,  including  longevity  pay  and  allowances. 

7.  Adjustment  of  Overpaid  Benefit  Account  by  Compromise. 

Amend  section  2  of  said  chapter  218,  as  amended  by  section  5, 
chapter  56  of  the  Laws  of  1943,  section  1,  chapter  78  of  the 
Laws  of  1945,  section  7,  chapter  59  of  the  Laws  of  1947,  sec- 
tion 1,  chapter  30  of  the  Laws  of  1949,  section  2,  chapter  34 
and  sections  4,  5  and  6,  chapter  140  of  the  Laws  of  1951,  and 
section  2,  chapter  65  and  section  2,  chapter  261  of  the  Laws  of 
1953,  (new  subsection  G  to  section  2,  chapter  282,  RSA)  by 
inserting  at  the  end  thereof  the  following  new  subsection  G: 
G.  Adjustment  of  Overpaid  Benefit  Account  by  Compromise. 
The  director  may,  with  the  approval  of  the  attorney  general, 
effect  by  written  stipulation  such  settlement  of  any  overpaid 
benefit  account  due  under  the  provisions  of  this  chapter  as  he 
may  deem  to  be  for  the  best  interests  of  the  state,  and  the  pay- 
ment of  the  sum  so  agreed  upon  shall  be  a  full  satisfaction  of 
such  overpaid  benefit  account. 

8.  Availability.     Amend  section  3  of  said  chapter  218,  as 
amended  by  sections  3  and  4,  chapter  56  of  the  Laws  of  1943, 


1955]  Chapter  141  187 

section  8,  chapter  138  of  the  Laws  of  1945,  sections  10  and  11, 
chapter  59  and  chapter  267  of  the  Laws  of  1947,  section  2, 
chapter  30  and  chapter  99  of  the  Laws  of  1949,  section  3,  chap- 
ter 34  and  section  7,  chapter  140  of  the  Laws  of  1951,  (section 
3,  chapter  282,  RSA)  and  section  2,  chapter  7  of  the  Laws  of 
1955,  by  striking  out  the  whole  of  the  same  and  inserting  in 
place  thereof  the  following :  3.  Benefit  Eligibility  Conditions. 
An  unemployed  individual  shall  be  eligible  to  receive  benefits 
with  respect  to  any  week  only  if  the  director  finds  that: 

A.  He  has  registered  for  work  at  and  thereafter  has 
continued  to  report  at  an  employment  office  in  accordance  with 
such  regulations  as  the  director  may  prescribe ; 

B.  He  has  made  a  claim  for  benefits  in  accordance  with 
the  provisions  of  section  5-A  of  this  chapter; 

C.  He  is  able  to  work,  and  available  for  suitable  work.  He 
shall  be  deemed  unavailable  for  suitable  work,  as  it  relates  to 
shift  employment  or  hours  of  work,  unless  he  is  available  on 
all  the  shifts  or  during  all  the  hours  which  the  industry  or 
occupation  for  which  he  is  reasonably  fitted  by  training  and 
experience  is  then  working,  and  on  or  during  which  there  is  a 
labor  market  for  the  services  he  offers,  except  (i)  that  where 
advised  by  a  legally  licensed  physician  that  work  on  a  par- 
ticular shift  or  during  specific  hours  will  be  seriously  detri- 
mental to  his  health  and  proof  thereof  satisfactory  to  the 
director  has  been  submitted,  he  shall  not  be  considered  un- 
available because  of  such  limitation  if  there  is  a  labor  market 
for  his  services  during  the  hours  he  is  otherwise  available; 
and  (ii)  that  female  claimants  shall  not  be  required  to  be 
available  for  work  on  or  during  the  hours  of  the  third  shift, 
so-called,  or  from  one  o'clock  in  the  morning  to  six  o'clock  in  the 
morning;  provided  that  if  any  female  claimant  elects  to  be 
available  for  work  during  such  third  shift  or  the  hours 
specifically  set  forth  above  and  is  also  available  for  work  on  or 
during  the  hours  of  one  of  the  other  two  shifts  she  shall  be 
considered  available  for  work  within  the  meaning  of  this  pro- 
vision, if  there  is  a  labor  market  for  her  services  during  such 
hours. 

D.  Prior  to  any  week  for  which  he  receives  benefits  he 
has  been  totally  unemployed  as  defined  in  section  1-N  for  a 
waiting  period  of  one  week  within  the  same  benefit  year  and 
fulfilled  the  other  requirements  of  this  section;  provided  that 


188  Chapter  141  [1955 

this  requirement  shall  not  interrupt  the  payment  of  benefits 
for  consecutive  weeks  of  unemployment  because  of  a  change 
in  the  benefit  year,  even  though  a  change  in  the  weekly  bene- 
fit amount  and  maximum  benefits  is  effected.  It  is  further  pro- 
vided that  the  period  not  to  exceed  one  week  of  partial  or  total 
unemployment  or  the  period  not  to  exceed  two  weeks  of  partial 
unemployment  immediately  preceding  the  benefit  year  shall  be 
deemed  (for  the  purposes  of  this  subsection)  to  be  within  such 
benefit  year  as  well  as  within  the  preceding  benefit  year.  For 
the  purposes  of  this  paragraph,  a  week  or  weeks  means  the 
period  of  seven  or  fourteen  calendar  days  immediately  preced- 
ing the  first  day  of  the  benefit  year  or  the  calendar  week  or 
weeks  immediately  preceding  the  benefit  year.  For  the  pur- 
poses of  this  subsection,  two  weeks  of  partial  unemployment 
shall  be  deemed  equivalent  to  one  week  of  total  unemployment; 
it  being  provided,  however,  that  if  a  week  of  partial  unemploy- 
ment is  immediately  followed  by  a  week  of  total  unemploy- 
ment, then  such  week  of  partial  unemployment  shall  be  deemed 
equivalent  to  one  week  of  total  unemployment.  For  the  pur- 
poses of  this  subsection,  no  week  shall  be  counted  as  a  week 
of  total  unemployment  for  any  individual : 

(1)  If  benefits  have  been  paid  with  respect  thereto; 

(2)  Unless  he  has  annual  earnings  of  not  less  than  four 
hundred  dollars  within  the  base  period  in  accordance  with  sub- 
section P  (2)  of  section  1. 

9.  Disqualifications  for  Benefits.  Amend  section  4  of  said 
chapter  218,  as  amended  by  sections  9  and  10,  chapter  138  of 
the  Laws  of  1945,  sections  12  and  13,  chapter  59  of  the  Laws 
of  1947,  sections  5  and  6,  chapter  185  of  the  Laws  of  1949, 
sections  2  and  3,  chapter  209  and  section  1,  chapter  260  and 
section  3,  chapter  261  of  the  Laws  of  1953,  (section  4,  chapter 
282,  RSA)  and  chapter  4  of  the  Laws  of  1955,  by  striking  out 
the  whole  of  the  same  and  inserting  in  place  thereof  the  follow- 
ing: 4.  Disqualifications  for  Benefits.  An  individual  shall 
be  disqualified  for  benefits  and  no  waiting  period  may  be 
served  except  as  otherwise  provided  by  subsection  K  of  this 
section : 

A.  For  the  period  of  unemployment  next  ensuing  after 
an  individual  has  left  his  work  voluntarily  without  good  cause 
in  accordance  with  rules  and  regulations  of  the  director.  For 
the  purposes  of  this  section  the  "period  of  unemployment"  shall 


1955]  Chapter  141  189 

continue  until  the  individual  has  earned  in  any  one  week 
wages  equal  to  or  in  excess  of  three  dollars  more  than  his 
weekly  benefit  amount.  This  subsection  shall  not  apply  and 
benefits  shall  be  paid  without  regard  thereto  where  an  unem- 
ployed individual,  not  under  a  disqualification,  accepts  employ- 
ment which  would  not  have  been  deemed  suitable  work  under 
subsection  E  of  this  section  and  terminates  such  employment 
within  a  period  of  not  more  than  four  (4)  consecutive  weeks 
of  employment  with  or  without  good  cause. 

B.  For  the  week  in  which  he  has  been  discharged  for 
misconduct  connected  with  his  work,  if  so  found  by  the 
director,  and  for  the  three  weeks  which  immediately  follow 
such  week.  Whichever  is  the  lesser  of  three  times  the  in- 
dividual's benefit  rate  or  such  amount  as  remains  unpaid  for 
the  benefit  year  in  which  such  event  occurs  shall  be  deducted 
from  his  maximum  benefits,  but  no  change  shall  be  made  in 
his  weekly  benefit  amount  because  of  this  deduction. 

C.  It  is  further  provided  that  an  unemployed  individual 
who  has  been  discharged  for  intoxication  of  such  degree  and 
rate  of  occurrence  as  to  seriously  hamper  or  interfere  with  the 
individual's  work,  shall  be  disqualified  for  benefits  and  such 
disqualification  shall  continue  for  not  less  than  four  weeks  nor 
more  than  twenty-six  weeks  from  the  date  of  the  discharge,  as 
may  be  determined  by  the  director. 

D.  It  is  further  provided  that  an  unemployed  individual 
who  has  been  discharged  for  arson,  sabotage,  felony,  or  dis- 
honesty, connected  with  his  work,  shall  suffer  the  loss  of  all 
wage  credits  earned  prior  to  the  date  of  such  dismissal. 

E.  If  the  director  finds  that  he  has  failed,  without  good 
cause,  either  to  apply  for  available,  suitable  work  when  so 
directed  by  the  employment  office  or  the  director  or  to  accept 
suitable  work  when  offered  him,  or  to  return  to  his  customary 
self-employment  (if  any)  when  so  directed  by  the  director. 
Such  disqualification  shall  continue  for  the  week  in  which  such 
failure  occurred  and  for  the  three  weeks  which  immediately 
follow  such  week,  in  addition  to  the  waiting  period. 

(1)   The  director,  in  determining  whether  or  not  any 
work  is  suitable  for  an  individual,  shall  consider  the  following: 
(a)  The  degree  of  risk  involved  to  his  health,  safety 
and  morals;  and 


190  Chapter  141  [1955 

(b)  His  physical  fitness ;  and 

(c)  His  prior  training";  and 

(d)  His  experience;  and 

(e)  His  prospects  for  securing,  in  his  labor  market 
area,  work  in  his  customary  occupation;  and 

(f )  The  distance  of  the  available  work  from  his  resi- 
dence; and 

(g)  His  prior  earnings  and  length  of  unemployment, 
but  his  prior  earnings  shall  be  given  more  weight  than  his 
length  of  unemployment. 

(2)  Notwithstanding  any  other  provisions  of  this  chap- 
ter, no  work  shall  be  deemed  suitable  and  benefits  shall  not 
be  denied  under  this  chapter  to  any  otherwise  eligible  individ- 
ual for  refusing  to  accept  new  work  under  any  of  the  follow- 
ing conditions : 

(a)  If  the  position  offered  is  vacant  due  directly  to 
a  strike,  lockout,  or  other  labor  dispute ; 

(b)  If  the  wages,  hours  or  other  conditions  of  the 
work  offered  are  substantially  less  favorable  to  the  individual 
than  those  prevailing  for  similar  work  in  the  locality; 

(c)  If  as  a  condition  of  being  employed  the  individual 
would  be  required  to  join  a  company  union  or  to  resign  from  or 
refrain  from  joining  any  bona  fide  labor  organization. 

F.  For  any  week  with  respect  to  which  the  director  finds 
that  his  total  or  partial  unemployment  is  due  to  a  stoppage  of 
work  which  exists  because  of  a  labor  dispute  at  the  factory, 
establishment,  or  other  premises  at  which  he  is  or  was  last 
employed,  provided  that  this  subsection  shall  not  apply  if  it  is 
shown  to  the  satisfaction  of  the  director  that : 

Either,  (1)  He  is  not  participating  in  or  financing  or 
directly  interested  in  the  labor  dispute  which  caused  the  stop- 
page of  work ;  and 

(2)  He  does  not  belong  to  a  grade  or  class  of  workers 
of  which,  immediately  before  the  commencement  of  the  stop- 
page, there  were  members  employed  at  the  premises  at  which 
the  stoppage  occurs,  any  of  whom  are  participating  in  or 
financing  or  directly  interested  in  the  dispute;  provided  that 
if  in  any  case  separate  branches  of  work  which  are  commonly 
conducted  as  separate  businesses  in  separate  premises  are  con- 
ducted in  separate  departments   of  the  same  premises  each 


1955]  Chapter  141  191 

such  department  shall,  for  the  purposes  of  this  subsection,  be 
deemed  to  be  a  separate  factory,  establishment,  or  other 
premises;  or 

(3)  The  stoppage  of  work  was  due  solely  to  a  lockout  or 
the  failure  of  the  employer  to  live  up  to  the  provision  of  any 
agi'eement  or  contract  of  employment  entered  into  between  the 
employer  and  his  em.ployees ;  or 

(4)  The  stoppage  of  work  has  continued  for  a  period  of 
two  weeks  after  the  termination  of  the  labor  dispute. 

G.  For  any  week  or  part  of  a  week  with  respect  to  which 
he  is  seeking  to  receive  or  has  received  payments  in  the  form 
of  unemployment  compensation,  or  payments  supplementary 
to  New  Hampshire  unemployment  compensation,  under  any 
law  of  the  federal  government.  Provided,  however,  that  there 
shall  be  no  disqualification  for  seeking  to  receive  or  receiving 
unemployment  compensation,  or  supplementary  payments, 
under: 

(1)  Title  XV  of  the  Social  Security  Act;  or 

(2)  Any  federal  law  whose  purpose  is  to  assist  in  the 
readjustment  of  individuals  from  military  to  civilian  life;  or 

(3)  The  Veterans'  Readjustment  Assistance  Act  of 
1952. 

H.  For  any  week  or  part  of  a  week  with  respect  to  which 
he  is  seeking  to  receive  or  has  received  payments  in  the  form 
of  unemployment  compensation  under  an  unemployment  com- 
pensation law  of  any  other  state  or  under  a  similar  law  of  the 
federal  government.  Provided  that  seeking  to  receive  or  re- 
ceiving payments  under  any  reciprocal  arrangement  to  which 
New  Hampshire  is  a  party  under  section  15  of  this  chapter, 
shall  not  disqualify  the  individual  for  benefits. 

I.  For  any  week  or  weeks  during  any  part  of  which  he  is 
not  available  for  work  outside  a  home,  irrespective  of  his 
reason  for  refusing  to  be  available  for  work  outside  a  home. 

J.  For  the  eight  weeks  immediately  preceding  the  ex- 
pected date  of  childbirth  as  certified  by  a  legally  licensed 
physician,  and  for  the  eight  weeks  immediately  following  the 
week  in  which  the  childbirth  occurs;  such  latter  period  shall 
be  sooner  terminated  if  subsequent  to  said  childbirth  she  earns 
in  any  one  week  wages  in  employment  as  defined  under  section 
l-I  equal  to  or  in  excess  of  three  dollars  more  than  her  weekly 
benefit  amount. 


192  Chapter  141  [1955 

K.     For  any  week  with  respect  to  which  he  is  receiving  or 
has  received  remuneration  in  the  form  of : 

(1)  Wages  in  heu  of  notice;  or 

(2)  A  sickness  or  separation  allowance;  or 

(3)  Compensation  for  temporary  partial  disability  un- 
der the  workmen's  compensation  law  of  any  state  or  under  a 
similar  law  of  the  United  States ;  or 

(4)  Any  payments,  upon  his  discharge  from  military 
service,  from  either  the  state  or  federal  government,  or  both ; 
Provided  that  if  such  remuneration  is  less  than  the  benefits 
which  would  otherwise  be  due  under  this  chapter,  he  shall  be 
entitled  to  receive  for  such  week,  if  otherwise  eligible,  benefits 
reduced  by  the  amount  of  such  remuneration,  or  a  waiting 
period  may  be  served  in  accordance  with  the  provisions  of 
section  3-D. 

10.  Claims  Determination  Procedure.  Amend  subsection 
B  of  section  5  of  said  chapter  218,  as  amended  by  section  11, 
chapter  138  of  the  Laws  of  1945,  section  14,  chapter  59  of  the 
Laws  of  1947,  section  8,  chapter  185  of  the  Laws  of  1949,  and 
section  2,  chapter  36  of  the  Laws  of  1951,  (subsection  B  of 
section  5,  chapter  282,  RSA)  by  striking  out  the  whole  of  the 
same  and  inserting  in  place  thereof  the  following :  B.  Claims 
Determination  Procedure.     (1)   Definitions: 

(a)  Certifying  Officer.  Certifying  officer  shall  mean 
the  director  or  his  representative  authorized  to  make  determi- 
nations on  claims. 

(b)  Claim.     A  claim  shall  mean: 

(1)  Initial  Claim.  The  first  filing  for  benefits  within 
a  benefit  year,  or  the  first  claim  for  benefits  immediately 
following  any  seven-day  period  for  which  the  claimant  did  not 
file  for  benefits  and  such  need  not  be  for  a  seven-consecutive- 
day  period,  or  with  respect  to  which  the  claimant  did  not  or 
will  not  receive  any  benefits ; 

(2)  The  application  for  a  waiting-period  credit 
under  section  3-D  of  this  chapter ; 

(3)  The  application  for  either  total  or  partial  un- 
employment compensation  benefits  for  any  seven-consecutive- 
day  period  (said  period  to  be  determined  in  accordance  with 
the  regulations  of  the  director) . 

(c)  Interested    Party.    Interested    party    shall   be   the 


1955]  Chapter  141  193 

claimant,  his  last  employing  unit  or  employer,  and  any  em- 
ployer whose  account  may  become  charged  with  benefits  paid. 
(2)  Determination.  A  determination  shall  be  a  decision 
by  the  certifying  officer  on  a  claim  and  shall  be  made,  except 
as  otherwise  specifically  provided  in  this  chapter,  as  follows: 

(a)  A  determination  on  the  first  claim  in  a  benefit  year 
and  not  immediately  followed  by  a  claim  for  waiting-period 
credit  shall  include:  the  annual  earnings  in  the  base  period 
with  the  name  of  each  employer  reporting  wages  paid  to  the 
claimant,  and  the  amount  thereof,  the  maximum  benefits  then 
available,  the  maximum  weekly  benefit  amount  and  the  maxi- 
mum duration  thereof,  and  shall  be  mailed  or  delivered  to  the 
claimant. 

(b)  A  determination  on  the  first  claim  in  a  benefit 
year  which  is  immediately  followed  by  a  claim  for  waiting- 
period  credit  shall  be  made  promptly  following  the  waiting 
period  and  shall  include :  the  maximum  benefits  then  available, 
the  maximum  weekly  benefit  amount  and  maximum  duration 
thereof,  whether  or  not,  with  the  reasons  therefor,  the 
claimant  will  be  payable  for  the  week  immediately  following 
the  waiting  period  and  for  consecutive  weeks  thereafter  for 
which  claims  are  filed  (no  other  facts  appearing  to  the  con- 
trary during  such  period),  and  identification  of  the  employer 
whose  account  will  be  charged  with  benefits  to  be  paid  by 
reason  of  such  determination.  This  determination  shall  in  any 
case  be  mailed  or  delivered  to  all  interested  parties. 

(c)  A  determination  on  an  initial  claim  for  total  or 
partial  benefits  for  any  week  except  as  in  (a)  and  (b)  above 
shall  include :  the  maximum  benefits  then  available,  the  maxi- 
mum weekly  benefit  amount  and  maximum  duration  thereof, 
whether  or  not,  with  the  reasons  therefor,  the  claimant  is  pay- 
able for  such  week  and  for  consecutive  weeks  thereafter  for 
which  claims  are  filed  (no  other  facts  appearing  to  the  con- 
trary during  such  period),  and  identification  of  the  employer 
whose  account  will  be  charged  with  benefits  to  be  paid  by 
reason  of  such  determination.  This  determination  shall  in 
every  case  be  mailed  or  delivered  to  all  interested  parties  ex- 
cept the  claimant  where  the  determination  is  that  he  is  pay- 
able. 

(d)  A  determination  shall  be  made  by  a  certifying 
officer  on  any  claim  for  benefits,  though  not  an  initial  claim. 


194  Chapter  141  [1955 

where,  in  his  judgment,  there  appears  an  issue  relative  to  the 
entitlement  of  the  claimant  to  benefits.  The  determination  shall 
be  in  the  manner  provided  in  (c)  immediately  above  and  the 
interested  parties  shall  be  notified  in  the  same  manner. 

(e)  Nothing  in  this  subsection  shall  be  construed  to 
require  that  a  determination  be  made  with  respect  to  a  claim 
for  any  week  where  the  week  follows  immediately  after  a  wait- 
ting  period,  or  is  one  of  any  of  the  consecutive  weeks  for  which 
benefits  are  paid  immediately  following  such  waiting  period, 
or  is  one  of  any  of  the  consecutive  weeks  for  which  benefits 
are  paid  immediately  following  the  week  with  respect  to  which 
a  determination  is  made  under  (2)  (c)  above  except  as  pro- 
vided in  (2)   (d)  above. 

(3)  In  finding  the  facts  material  to  a  claim,  the  certi- 
fying officer  shall  in  every  case  where  the  reason  for  an  in- 
dividual's leaving  employment  may  be  material,  send  to  the 
employing  unit  or  employer  for  whom  the  claimant  last  per- 
formed services  a  request  for  information,  such  request  to  be 
in  accordance  witli  the  regulations  of  the  director.  When  the 
information  is  not  returned  by  such  employing  unit  or  em- 
ployer as  required  by  the  regulations  of  the  director,  the 
certifying  officer  shall  proceed  on  the  facts  available  to  him 
and  any  benefits  payable  pursuant  to  such  determination  shall 
be  charged  to  the  account  of  the  chargeable  employer  if  he 
fails  or  refuses  to  return  the  information  and  even  though 
the  claimant  is,  by  reason  of  some  later  appeal,  held  not  to  be 
entitled  to  such  benefits. 

(4)  A  certifying  oflficer  may,  within  six  months  of  any 
determination,  for  good  cause  reconsider  his  determination  or 
any  part  thereof,  provided  there  was  no  appeal  taken  from  the 
determination.  Such  redetermination  shall  be  made,  and  an 
appeal  therefrom  may  be  had,  in  the  same  manner  as  the 
original  determination. 

(5)  Any  claim  or  question  involved  therein  may  be  re- 
ferred by  the  certifying  officer  to  an  appeal  tribunal,  and  such 
appeal  tribunal  shall  make  its  decision  with  respect  thereto 
in  accordance  with  the  procedure  described  in  subsection  C  of 
this  section. 

(6)  Any  interested  party  may  appeal  from  a  certify- 
ing oflficer's  determination  by  filing  an  appeal  to  an  appeaj 
tribunal  within  five  calendar  days  after  delivery  of  the  de- 


1955]  Chapter  141  195 

termination  or  within  seven  calendar  days  after  the  determi- 
nation was  mailed  to  his  last  known  address.  Provided,  that  if 
the  director  finds  sufficient  grounds  to  justify  or  excuse  a  de- 
lay in  filing  an  appeal,  the  time  for  filing  said  appeal  may  be 
extended  by  him. 

(7)  If  no  appeal  from  a  determination  by  a  certifying 
officer  is  taken  within  the  time  limits  in  (6)  above  such  de- 
termination shall  thereupon  become  final  and  benefits  shall  be 
paid  or  denied  in  accordance  therewith,  subject  to  the  pro- 
vision in  (6)  above  relative  to  good  cause  for  late  filing  of  the 
appeal. 

(8)  A  last  employing  unit  or  any  employer  whose 
account  may  become  charged  with  benefits  paid  as  a  result  of 
a  determination  by  a  certifying  officer  may  waive,  in  proper 
form,  in  writing,  his  right  to  appeal  from  such  determination 
prior  to  the  making  thereof,  and  in  such  case  the  determina- 
tion shall  become  final  upon  the  making  thereof  as  to  the 
issues  involved,  and  benefits  may  be  immediately  paid  pursuant 
thereto. 

(9)  Where  an  appeal  has  been  duly  filed  the  certifying 
officer's  determination  shall  have  no  force  or  eff'ect  and  bene- 
fits shall  be  paid  or  denied  only  in  accordance  with  and  sub- 
sequent to  the  decision  of  the  appeal  tribunal.  Provided,  how- 
ever, that  the  certifying  officer's  determination  shall  continue 
to  have  effect  as  though  no  appeal  had  been  filed  with  respect 
to  all  weeks  of  unemployment  and  any  amount  not  affected  by 
the  appeal. 

(10)  Where  an  appeal  tribunal  affirms  the  determina- 
tion of  a  certifying  officer  allowing  benefits,  such  benefits  shall 
be  paid  in  accordance  therewith  without  regard  to  any  appeal 
to  court  under  subsection  G  of  this  section,  or  reopening  under 
subsection  C  of  this  section,  up  to  the  week  in  which  such 
appeal  to  court  is  filed  or  request  for  reopening  is  received  or 
the  week  in  which  reopening  is  directed  when  reopening  is  at 
the  initiation  of  the  director,  and  the  claimant  shall  be  en- 
titled to  such  benefits  though  the  first  decision  of  the  appeal 
tribunal  is  later  reversed,  altered  or  in  any  way  modified,  and 
such  benefits  so  paid  shall  be  charged  to  the  fund. 

11.  Appeal  to  Courts.  Amend  subsection  G  of  section  5  of 
said  chapter  218,  as  amended  by  section  15,  chapter  59  of  the 
Laws  of  1947,  and  section  2,  chapter  290  of  the  Laws  of  1949, 


196  Chapter  141  [1955 

(subsection  G  of  section  5,  chapter  282,  RSA)  by  striking  out 
the  whole  of  the  same  and  inserting  in  place  thereof  the  follow- 
ing: G.  Appeal  to  Courts.  (1)  Any  interested  party 
aggrieved  by  any  decision  of  an  appeal  tribunal  in  proceedings 
under  this  chapter  may,  within  ten  days  after  the  date  of 
notification  or  mailing  of  such  decision,  appeal  therefrom  to 
the  superior  court  in  the  manner  provided  in  paragraph  (3) 
of  this  subsection. 

(2)  Any  interested  party  aggrieved  by  any  decision  of 
an  appeal  tribunal  in  proceedings  under  this  chapter,  who 
within  ten  days  after  the  date  of  notification  or  mailing  of 
such  decision  requests  the  director  to  direct  the  appeal 
tribunal  to  reopen  the  case  and  hold  a  further  hearing  to  re- 
consider the  case  on  the  grounds  of  fraud,  mistake,  newly 
discovered  evidence  or  change  in  conditions  (as  required  in  sub- 
section C  of  this  section),  may  within  ten  days  after  the  date 
of  notification  or  mailing  of  the  decision  of  the  director  which 
finally  refuses  the  request  for  reopening  of  the  case,  appeal 
therefrom  to  the  superior  court  in  the  manner  provided  in 
paragraph  (3)  of  this  subsection. 

(3)  Appeal  to  superior  court  in  (1)  and  (2)  above  shall 
be  to  the  superior  court  for  the  county  in  which  is  located  the 
employment  bureau  or  branch  in  which  the  original  claim  was 
filed.  The  appeal  shall  be  perfected  by  filing  a  petition  with  the 
clerk  of  said  superior  court  within  the  time  limits  specified  in 
(1)  and  (2)  above,  and  such  petition  must  set  forth  specifically 
the  grounds  upon  which  it  is  claimed  that  the  decision  is  in 
error,  and  no  bond  shall  be  required  as  a  condition  of  entering 
such  appeal.  Thereupon  the  clerk  of  said  superior  court  shall 
issue  a  citation  to  all  interested  parties,  including  in  every 
case  the  director,  returnable  at  any  time  within  ten  days  after 
the  date  of  issue.  The  director  shall  file  with  said  clerk  before 
trial  a  certified  copy  of  the  record  on  the  claim  which  shall, 
upon  being  so  filed,  become  part  of  the  record  of  the  case  and 
part  of  the  evidence  in  the  case  to  be  considered  by  the  court. 
The  superior  court  shall  hear  the  case  de  novo.  An  appeal 
may  be  taken  from  the  decision  of  the  superior  court  to  the 
supreme  court  in  the  same  manner  as  is  provided  in  civil 
actions.  Upon  the  final  determination  of  such  judicial  proceed- 
ing, the  director  shall  enter  an  order  in  accordance  with  such 
determination. 


1955]  Chapter  141  197 

(4)  Any  interested  party  aggrieved  by  any  decision  of 
an  appeal  tribunal  in  proceedings  under  this  chapter,  who  fails 
within  the  ten-day  period  after  the  date  of  notification  or 
mailing  of  such  decision,  for  whatever  reason,  either  to  re- 
quest the  director  to  direct  a  reopening  for  the  purpose  of  re- 
considering the  case  on  the  grounds  of  fraud,  mistake,  newly 
discovered  evidence  or  change  in  conditions,  or  to  appeal  to 
superior  court  under  paragraph  (1)  above,  but  who  at  some 
subsequent  time  within  the  year  allowed  in  subsection  C  of 
this  section  requests  the  director  to  direct  such  reopening, 
may,  within  ten  days  after  the  date  of  notification  or  mailing 
of  the  decision  of  the  director  which  finally  refuses  the  re- 
quest for  reopening  of  the  case,  appeal  therefrom  to  the 
superior  court  for  the  county  in  which  is  located  the  employ- 
ment bureau  or  branch  in  which  the  original  claim  was  filed. 
Judicial  review  by  said  superior  court  under  this  paragraph 
shall  be  confined  to  whether  or  not  the  director's  decision  was 
the  result  of  arbitrary,  unreasonable  or  capricious  action,  or 
contrary  to  law.  The  appeal  under  this  paragraph  shall  be  per- 
fected by  filing  a  petition  with  the  clerk  of  said  superior  court 
within  the  time  limit  above  specified,  and  the  petition  must  set 
forth  specifically  the  grounds  on  which  it  is  alleged  that  the 
action  of  the  director  was  arbitrary,  unreasonable  or  capri- 
cious, or  contrary  to  law,  and  no  bond  shall  be  required  as  a 
condition  of  entering  such  appeal.  Thereupon  the  clerk  of  said 
superior  court  shall  issue  a  citation  to  all  interested  parties, 
returnable  at  any  time  within  ten  days  after  the  date  of  issue. 
The  director  shall  file  with  said  clerk  before  trial  or  hearing 
a  certified  copy  of  the  entire  record  on  the  claim  which  shall, 
upon  being  so  filed,  become  the  record  of  the  case.  An  appeal 
may  be  taken  from  the  decision  of  the  superior  court  to  the 
supreme  court  in  the  same  manner  as  is  provided  in  civil 
actions.  Upon  the  final  determination  of  such  judicial  pro- 
ceeding, the  director  shall  enter  an  order  in  accordance  with 
such  determination. 

(5)  Any  interested  party  aggrieved  by  any  decision  in 
proceedings  under  section  13-D  of  this  chapter  may  appeal  to 
superior  court  in  the  manner  provided  in  section  5-G(3)  of 
this  chapter. 

(6)  A  petition  of  appeal  shall  not  act  as  a  supersedeas 
or  stay  unless  the  director  shall  so  order. 


198  Chapter  141  [1955 

(7)  The  director  may  of  his  own  motion  transfer  to  the 
supreme  court  any  question  of  law  arising  in  the  administra- 
tion of  this  chapter. 

12.  Separate  Accounts.  Amend  subsection  C  of  section  6 
of  said  chapter  218,  as  amended  by  chapter  178  of  the  Laws  of 
1943,  section  13,  chapter  138  of  the  Laws  of  1945,  section  16, 
chapter  59  of  the  Laws  of  1947.  section  3,  chapter  36  of  the 
Laws  of  1951,  and  section  5,  chapter  209  of  the  Laws  of  1953, 
(subsection  C,  section  6,  chapter  282,  RSA)  by  striking  out  the 
whole  of  the  same  and  inserting  in  place  thereof  the  following : 
C.  Separate  Accounts.  (1)  The  director  shall  maintain  a 
separate  account  for  each  employer  and  shall  credit  his  account 
with  all  contributions  paid  by  him  or  on  his  behalf.  But  noth- 
ing in  this  chapter  shall  be  construed  to  grant  any  employer  or 
individuals  in  his  service  prior  claims  or  rights  to  the  amounts 
paid  by  him  into  the  fund,  either  on  his  own  behalf  or  on  be- 
half of  such  individuals.  Benefits  paid  to  an  eligible  individual 
shall  be  charged  against  the  account  of  the  claimant's  most  re- 
cent employer. 

(2)  In  assigning  the  charges  for  benefits  to  the  account 
of  the  most  recent  employer  under  this  subsection,  no  benefits 
will  be  charged  to  the  account  of  an  individual  employer  but 
shall  be  charged  by  the  director  against  the  fund  where: 

(a)  Benefits  are  paid  to  ex-servicemen  on  the  basis  of 
frozen  wage  credits ;  or 

(b)  Benefits  are  paid  and  are  not  chargeable  against 
any  employer's  account  in  accordance  with  the  provisions  of 
section  5-B  of  this  chapter;  or 

(c)  Benefits  are  paid  and  a  chargeable  employer 
under  paragraph  (4)  of  this  subsection  has  not  been  estab- 
lished following  a  determination  of  the  director  that  an  in- 
dividual was  disqualified  for: 

(1)  voluntary  leaving  without  good  cause  attribut- 
able to  the  employer,  or 

(2)  discharge   for   misconduct   connected  with  his 
work;  or 

(d)  Benefits  are  paid  to  a  woman  subsequent  to 
childbirth  and  a  chargeable  employer  under  paragraph  (4)  of 
this  subsection  has  not  been  established  subsequent  to  such 
childbirth. 


1955]  Chapter  141  199 

(3)  The  account  of  the  most  recent  employer  shall  be 
immediately  relieved  of  charges  where  benefits  are  determined 
to  be  overpayments  as  a  result  of  the  application  of  any  pro- 
vision of  this  chapter,  and  such  benefits  shall  be  charged 
against  the  fund. 

(4)  The  account  of  the  claimant's  most  recent  employer 
as  defined  in  section  1-L  shall  be  charged  with  all  benefits  paid 
except  as  otherwise  specifically  provided  in  this  chapter. 

(5)  Each  week  the  director  shall  notify  all  employers 
of  benefits  charged  during  the  preceding  week  to  their 
separate  accounts,  by  means  of  a  duplicate  or  copy  of  each  such 
claimant's  benefit  check  or  in  any  manner  determined  by  the 
director. 

(6)  The  director  shall,  by  general  rules,  prescribe  the 
manner  in  which  benefits  shall  be  charged  against  the  accounts 
of  several  employers  for  whom  an  individual  performed  em- 
ployment at  the  same  time. 

13.  Merit  Rating.  Amend  subsection  D  of  section  6  of 
said  chapter  218,  as  amended  by  section  14,  chapter  138  of  the 
Laws  of  1945,  section  17,  chapter  59  of  the  Laws  of  1947, 
section  11,  chapter  185  and  section  1,  chapter  251  of  the  Laws 
of  1949,  section  4,  chapter  36  and  sections  2,  3,  4,  5  and  6, 
chapter  142  of  the  Laws  of  1951,  and  section  6,  chapter  209  of 
the  Laws  of  1953,  (subsection  D,  section  6,  chapter  282,  RSA) 
and  section  3,  chapter  7  of  the  Laws  of  1955,  by  striking  out 
the  whole  of  the  same  and  inserting  in  place  thereof  the  follow- 
ing: D.  Merit  Rating.  (1)  The  director  shall  for  each 
calendar  year  classify  employers  in  accordance  with  their 
actual  experience  in  the  payment  of  contributions  on  their 
own  behalf  and  with  respect  to  benefits  charged  against  their 
accounts,  with  a  view  to  fixing  such  contribution  rates  as  will 
reflect  such  experience ;  such  rate  to  become  effective  with  the 
fiscal  year  beginning  July  1,  1951  and  on  each  succeeding  fiscal 
year  beginning  on  July  1  thereafter 

(2)  (a)  Annual  pay  roll  shall  be  the  total  amount  of 
wages  paid  for  employment  during  a  calendar  year; 

(b)  Average  annual  pay  roll  shall  be  the  average  of 
the  employer's  actually  existing  annual  pay  rolls  for  the  three 
immediately  preceding  consecutive  calendar  years  prior  to 
January  1  of  the  year  in  which  the  computation  applies ;  except 


200  Chapter  141  [1955 

that  for  an  employer  eligible  for  merit  rate  consideration  under 
(3)  (b)  below,  the  average  annual  pay  roll  shall  be  the  average 
of  such  employer's  actually  existing  annual  pay  rolls  for  the 
calendar  years,  in  which  he  has  been  subject  to  tliis  chapter, 
immediately  preceding  January  1  of  the  year  in  which  the 
computation  applies. 

(3)  (a)  No  employer  shall  be  entitled  to  a  rate  of  less 
than  2.7  per  centum  unless  and  until  as  of  January  1  of  the 
year  wherein  the  rate  becomes  applicable  there  had  been  three 
consecutive  calendar  years  throughout  which  the  separate 
account  of  the  employer  was  chargeable  with  benefits ; 

(b)  For  an  employer  who  as  of  the  computation  date 
has  not  completed  the  three-year  chargeability  requirement  in 
(a)  above,  such  period  of  time  may  be  reduced  to  the  number 
of  years  throughout  which  such  employer's  separate  account 
has  been  chargeable  with  benefits,  but  in  no  case  less  than  one 
calendar  year  immediately  preceding  the  computation  date  and 
throughout  which  such  separate  account  was  chargeable  with 
benefits ; 

(c)  It  is  further  provided  that  no  rate  of  less  than 
2.7  per  centum  shall  be  allowed  in  any  case  unless  such  em- 
ployer had  an  annual  pay  roll  for  the  calendar  year  immediately 
preceding  the  computation  date. 

(4)  No  employer  shall  be  entitled  to  a  merit  rate  under 
this  subsection  for  the  first  half  of  any  fiscal  year  effective 
with  the  fiscal  year  beginning  July  1,  1951  unless  and  until  the 
balance  of  the  unemployment  compensation  fund  as  of 
March  31,  preceding  said  first  half  of  said  fiscal  year,  equals 
or  exceeds  twelve  million  dollars,  at  which  time  the  computa- 
tions and  rates  delineated  in  Schedule  I  will,  subject  to  further 
provisions  hereinbelow  made,  become  effective  and  applicable 
for  said  first  half  of  said  fiscal  year ;  it  being  further  provided 
that  no  employer  shall  be  entitled  to  a  merit  rate  under  this 
subsection  for  the  second  half  of  any  fiscal  year  effective  with 
the  fiscal  year  beginning  July  1,  1951  unless  and  until  the 
balance  of  the  unemployment  compensation  fund  as  of 
September  30,  preceding  said  second  half  of  said  fiscal  year, 
equals  or  exceeds  twelve  million  dollars,  at  which  time  the 
computations  and  rates  delineated  in  Schedule  I  will,  subject  to 
further  provisions  hereinbelow  made,  become  effective  and 
applicable  for  said  second  half  of  said  fiscal   year.  It  being 


1955]  Chapter  141  201 

further  provided  that  if  as  of  March  31  preceding  the  first  half 
of  any  fiscal  year  effective  with  the  fiscal  year  beginning 
July  1,  1955,  the  unemployment  compensation  fund  equals  or 
exceeds  twenty  million  dollars,  the  computations  and  rates 
delineated  in  Schedule  II  will  become  effective  and  applicable 
for  said  first  half  of  said  fiscal  year.  It  being  further  provided 
that  if  as  of  September  30  preceding  the  second  half  of  any 
fiscal  year  effective  with  the  fiscal  year  beginning  July  1,  1955, 
the  unemployment  compensation  fund  equals  or  exceeds 
twenty  million  dollars,  the  computations  and  rates  delineated 
in  Schedule  II  will  become  effective  and  applicable  for  said 
second  half  of  said  fiscal  year. 

(5)  It  is  further  provided  that  the  time  the  operation 
of  a  business  of  an  employer  was  suspended  because  of  the 
employer's  service  in  the  armed  forces  during  World  War  II, 
or  because  of  the  employer's  service  in  the  armed  forces  of  the 
United  States  or  any  of  its  allies  or  of  the  United  Nations  after 
July  1,  1950,  shall  be  considered  as  if  the  business  had  iDeen 
actively  and  continuously  operating  during  such  period. 

(6)  Should  the  director  determine  at  any  time  that  the 
solvency  of  the  fund  does  not  permit  the  adoption  or  mainte- 
Tiance  of  individually  reduced  contribution  rates  under  this  sub- 
section, he  shall,  for  the  purposes  of  this  subsection,  set  a 
standard  rate  for  all  employers  of  2.7  per  centum  per  annum. 
The  director  may  make  such  change  effective  with  the  first 
day  of  any  calendar  quarter. 

(7)  No  employer  shall  be  entitled  to  a  merit  rate  und.er 
this  subsection  for  any  fiscal  year  effective  with  the  fiscal 
year  beginning  July  1,  1951  unless,  as  of  the  computation  date 
preceding  said  fiscal  year,  he  has  properly  and  duly  submitted 
reports  and  contributions  required  and  due  under  the  pro- 
visions of  this  chapter.  It  is  provided,  however,  that  any  em- 
ployer who  loses  his  rate  because  of  the  foregoing  and  re- 
establishes his  rights  prior  to  the  beginning  of  the  fiscal  year 
to  which  a  rate  might  have  been  applicable,  may  apply  for  the 
reinstatement  of  the  rate  to  which  he  would  have  been  en- 
titled, said  rate  to  become  effective  for  the  last  three  quarters 
of  the  fiscal  year  in  question. 

(8)  The  computation  date  will  be  January  1  (to  include 
contributions  on  that  year's  and  prior  years'  employment  paid 
through  the  succeeding  January  31)  and  the  effective  date  will 


202  Chapter  141  [1955 

be  July  1.  If,  as  of  the  computation  date,  the  total  of  all  con- 
tributions paid  on  an  employer's  own  behalf  and  credited  to 
his  account  for  all  past  years  exceeds  the  total  benefits  charged 
against  his  account  for  all  past  years  and,  subject  to  the  pro- 
visions and  conditions  hereinabove  fully  described  as  to  the 
status  of  the  unemployment  compensation  fund  being  equal 
to  or  exceeding  twelve  million  dollars  but  not  being  equal  to  or 
exceeding  twenty  million  dollars,  his  contribution  rate  effective 
as  hereinabove  provided  shall  be  determined  by  subtracting 
from  the  maximum  contribution  rate  of  2.7  per  centum  the 
following  amounts: 

Schedule  I. 

(a)  Two-tenths  of  one  per  centum  if  such  excess 
equals  or  exceeds  eight  per  centum  of  his  average  annual  pay 
roll; 

(b)  Four-tenths  of  one  per  centum  if  such  excess 
equals  or  exceeds  nine  per  centum  of  his  average  annual  pay 
roll; 

(c)  Seven-tenths  of  one  per  centum  if  such  excess 
equals  or  exceeds  ten  per  centum  of  his  average  annual  pay 
roll; 

(d)  Nine-tenths  of  one  per  centum  if  such  excess 
equals  or  exceeds  eleven  per  centum  of  his  average  annual  pay 
roll; 

(e)  One  and  two- tenths  per  centum  if  such  excess 
equals  or  exceeds  twelve  per  centum  of  his  average  annual  pay 
roll; 

(f )  One  and  one-half  per  centum  if  such  excess  equals 
or  exceeds  fourteen  per  centum  of  his  average  annual  pay 
roll; 

(g)  One  and  seven- tenths  per  centum  if  such  excess 
equals  or  exceeds  fifteen  per  centum  of  his  average  annual  pay 
roll. 

(9)  It  is  further  provided  that,  subject  to  the  provisions 
and  conditions  hereinabove  fully  described  as  to  the  status  of 
the  unemployment  compensation  fund  being  equal  to  or  ex- 
ceeding twenty  million  dollars,  said  employer's  contribution 
rate  effective  as  hereinabove  provided  shall,  after  computation 
is  made  in  the  manner  described  in  the  next  preceding  para- 


1955]  Chapter  141  203 

graph,  be  determined  by  subtracting  from  the  maximum  con- 
tribution rate  of  2.7  per  centum  the  following  amounts: 

Schedule  II. 

(a)  Two-tenths  of  one  per  centum  if  such  excess 
equals  or  exceeds  five  per  centum  of  his  average  annual  pay 
roll; 

(b)  Four-tenths  of  one  per  centum  if  such  excess 
equals  or  exceeds  six  per  centum  of  his  average  annual  pay 
roll; 

(c)  Eight-tenths  of  one  per  centum  if  such  excess 
equals  or  exceeds  eight  per  centum  of  his  average  annual  pay 
roll; 

(d)  One  and  one-tenth  per  centum  if  such  excess 
equals  or  exceeds  ten  per  centum  of  his  average  annual  pay 
roll; 

(e)  One  and  five-tenths  per  centum  if  such  excess 
equals  or  exceeds  ten  per  centum  of  his  average  annual  pay 
roll; 

(f )  One  and  eight-tenths  per  centum  if  such  excess 
equals  or  exceeds  eleven  per  centum  of  his  average  annual  pay 
roll; 

(g)  Two  and  one-tenth  per  centum  if  such  excess 
equals  or  exceeds  twelve  per  centum  of  his  average  annual  pay 
roll ; 

(h)  Two  and  two- tenths  per  centum  if  such  excess 
equals  or  exceeds  fourteen  per  centum  of  his  average  annual 
pay  roll. 

(10)  No  employer  shall  be  entitled  to  a  contribution 
rate  of  less  than  one-half  of  one  per  centum. 

(11)  No  employer  shall  be  entitled  to  have  more  than 
seven-tenths  of  one  per  centum  subtracted  from  the  contribu- 
tion rate  established  in  accordance  with  this  subsection  unless 
the  total  contributions  which  became  due  and  were  credited  to 
his  account  in  the  fund  during  all  past  years  were  at  least 
twice  the  total  benefits  paid  from  the  fund  and  chargeable  to 
his  account  within  the  last  preceding  calendar  year. 

(12)  Reports  to  an  employer  of  the  merit  rate  of  said 
employer  for  the  applicable  period  shall  be  furnished  in  such 
manner  as  the  director  may  prescribe,  but  in  any  event  not 


204  Chapter  141  [1955 

less  frequently  than  once  every  year.  Any  merit  rate  assigned 
to  any  employer  under  this  section,  of  which  the  employer  has 
been  notified,  shall  be  considered  correct  for  all  purposes  un- 
less objections  to  such  merit  rate  are  received  within  thirty 
days  after  notification  of  said  employer's  merit  rate  for  the 
ensuing  year  has  been  mailed  to  the  employer's  last  known 
address. 

(13)  If  objections  to  such  merit  rate  duly  and  properly 
made  are  received,  any  redetermination  of  said  merit  rate,  of 
which  the  employer  has  been  notified,  shall  be  considered  cor- 
rect for  all  purposes  unless  objections  to  such  redetermination 
are  received  within  thirty  days  after  such  notification  of  said 
redetermination  has  been  mailed  to  the  employer's  last  known 
address. 

(14)  Except  as  otherwise  provided  in  this  section, 
whenever  through  inadvertence,  mistake  or  any  other  means 
erroneous  charges  or  credits  are  found  to  have  been  made  to  an 
employer's  account,  the  same  shall  be  readjusted  as  of  the  date 
of  discovery  and  such  readjustment  shall  not  affect  any  com- 
putation or  rate  assigned  prior  to  the  date  of  discovery  but 
there  shall  be  an  immediate  recomputation,  in  accordance  with 
the  applicable  provisions  of  this  section,  of  such  employer's 
account  with  notice  to  the  employer  of  the  result  thereof,  and 
if  such  recomputation  results  in  a  contribution  rate  either 
higher  or  lower  than  that  rate  in  effect  on  the  date  of  discovery 
such  new  rate  shall  become  effective  and  applicable  to  taxable 
wages  as  of  the  first  day  of  the  quarter  next  succeeding  the 
quarter  in  which  the  discovery  is  made. 

14.  Successorship.  Amend  subsection  E  of  section  6  of 
said  chapter  218,  as  inserted  by  section  16,  chapter  138  of  the 
Laws  of  1945,  and  as  amended  by  section  6,  chapter  36  of  the 
Laws  of  1951,  (subsection  E,  section  6,  chapter  282,  RSA) 
by  striking  out  the  whole  of  the  same  and  inserting  in  place 
thereof  the  following:  E.  Successorship.  (1)  For  the  pur- 
poses of  subsection  D  of  this  section,  an  employing  unit  which 
acquires  the  organization,  trade,  or  business,  or  substantially 
all  of  the  assets  thereof,  of  any  employer,  excepting,  in  any 
such  case,  any  assets  retained  by  such  employer  incident  to  the 
liquidation  of  his  obligations  (whether  or  not  such  acquiring 
employing  unit  was  an  employing  unit  within  the  meaning  of 
section  1-G  of  this  chapter  prior  to  such  acquisition),  and  who 


1955]  Chapter  141  205 

intends  to  continue  such  organization,  trade  or  business,  im- 
mediately shall  notify  the  director  thereof,  and  shall  assume, 
for  the  purpose  of  liability,  the  position  of  such  employer  with 
respect  to  such  employer's  separate  account,  actual  contribu- 
tion and  benefit  experience  and  annual  pay  rolls,  as  if  no 
change  with  respect  to  such  separate  account,  actual  experi- 
ence and  pay  rolls  had  occurred  and  with  the  same  effect  for 
such  purpose  as  if  the  operations  of  such  employer  had  at  all 
times  been  carried  on  by  such  employing  unit.  Such  separate 
account  shall  be  transferred  by  the  director  to  such  employing 
unit  and,  as  of  the  date  of  such  acquisition,  shall  become  the 
separate  account  or  part  of  the  separate  account,  as  the  case 
may  be,  of  such  employing  unit,  and  the  benefits  thereafter 
chargeable  to  such  employer  on  account  of  employment  prior 
to  the  date  of  such  acquisition  shall  be  charged  to  the  former 
employer's  separate  account  until  the  fact  of  successorship  is 
determined  by  the  director  and  thereafter  shall  be  charged  to 
the  account  of  the  acquiring  employing  unit. 

(2)  No  rate  of  less  than  2.7  per  centum  shall  be  per- 
mitted an  employing  unit  succeeding  to  the  experience  of  an- 
other employing  unit  pursuant  to  this  subsection  for  any 
period  subsequent  to  such  succession  except  in  accordance  with 
regulations  prescribed  by  the  director,  which  regulations  shall 
be  consistent  with  federal  requirements  for  additional  credit 
allowance  in  section  1602  of  the  Internal  Revenue  Code,  and 
consistent  with  the  provisions  of  this  chapter,  except  that  such 
regulations  may  establish  a  computation  date  for  any  such 
period  different  from  the  computation  date  generally  pre- 
scribed by  this  chapter. 

(3)  Unless  hereinafter  specificallj^  provided  the  pro- 
visions of  this  subsection  shall  apply  to  acquisition  prior, 
as  well  as  subsequent,  to  the  date  this  subsection  becomes 
effective,  and  any  employing  unit  which  so  acquired  the 
trade,  organization  or  business  of  any  employer,  or  sub- 
stantially all  the  assets  thereof,  prior  to  said  effective  date 
shall  notify  the  director  within  sixty  days  thereafter;  pro- 
vided, however,  that  in  the  case  of  acquisition  prior  to  the  date 
this  subsection  becomes  effective,  any  new  rate  or  rates 
obtained  or  acquired  by  virtue  of  this  subsection  shall  be 
effective  and  controlling  as  of  said  effective  date  and  not  be- 
fore. 


206  Chapter  141  [1955 

15.  Records  and  Reports.  Amend  subsection  G  of  section 
9  of  said  chapter  218,  as  amended  by  section  20,  chapter  138 
of  the  Laws  of  1945,  and  section  13,  chapter  185  of  the  Laws 
of  1949,  (subsection  M  of  section  9  of  chapter  282,  RSA)  by 
striking  out  the  whole  of  the  same  and  inserting  in  place  there- 
of the  following:  G.  Records  and  Reports.  (1)  Each  em- 
ploying unit  shall  keep  true  and  accurate  work  records,  for 
such  periods  of  time  and  containing  such  information  as  the 
director  may,  by  regulation,  prescribe.  Such  records  shall  be 
open  to  inspection  and  be  subject  to  being  copied  by  the 
director  or  his  authorized  representatives  at  any  reasonable 
time  and  as  often  as  may  be  necessary.  The  director  may,  at 
his  discretion,  notify  any  employer  of  the  prospective  benefit 
rights  of  any  employee. 

(2)  The  director  or  his  authorized  representatives  and 
the  chairman  of  any  appeal  tribunal  may  require  from  any 
employing  unit  any  sworn  or  unsworn  reports  or  statements, 
with  respect  to  persons  employed  by  it,  which  either  deems 
necessary  for  the  effective  administration  of  this  chapter.  In- 
formation thus  obtained  or  obtained  from  any  individual, 
claimant  or  employing  unit  pursuant  to  the  administration  of 
this  chapter,  shall  be  held  confidential  and  shall  not  be 
published  or  open  to  public  inspection  in  any  manner  revealing 
the  individual's  or  employing  unit's  identity  except: 

(a)  That  an  employing  unit  may  inspect,  at  the  con- 
venience of  the  director,  records  and  reports  which  pertain  to 
his  separate  account,  and,  records  and  reports  of  claimants 
where  the  employing  unit  was  the  last  employing  unit  or  the 
employer  whose  separate  account  may  be  or  has  been  charged 
with  benefits  paid  to  such  claimant ; 

(b)  That  a  claimant  may  inspect  records  and  reports 
of  an  individual  or  employing  unit  which  are  directly  connected 
with  any  claim  for  benefits  which  he  may  have  made,  includ- 
ing any  which  he  has  submitted  in  support  of  his  claim  for 
benefits;  but  he  shall  not  be  entitled  to  inspect  the  separate 
account  or  records  directly  connected  therewith  of  any  em- 
ploying unit; 

(c)  That  public  employees  in  the  performance  of 
their  public  duties  may  inspect  records  and  reports  of  an  in- 
dividual, an  employing  unit  or  a  claimant  where  such  informa- 
tion will  aid  in  the  performance  of  their  public  duties. 


1955]  Chapter  141  207 

(3)  The  director  may  cause  to  be  made  such  summaries, 
compilations,  photographs,  duphcations,  or  reproductions  of 
any  records,  reports,  or  transcripts  thereof,  as  he  may  deem 
advisable  for  the  effective  and  economical  preservation  of  the 
information  contained  therein,  and  such  summaries,  compila- 
tions, photographs,  duplications  or  reproductions,  duly 
authenticated,  shall  be  admissible  in  any  proceeding  under 
this  chapter  if  the  original  record  or  records  would  have  been 
admissible  therein. 

(4)  The  director  m.ay  by  regulation  order  the  de- 
struction, after  reasonable  periods,  of  any  and  all  records,  re- 
ports, transcripts  or  reproductions  thereof,  or  other  papers 
kept  pursuant  to  the  administration  of  the  unemployment  com- 
pensation law,  which  are  not  considered  by  him  as  necessary 
to  the  administration  of  this  chapter. 

(5)  Any  employee  of  the  division  of  employment 
security,  member  of  an  appeal  tribunal,  or  any  individual, 
corporation,  association,  partnership  or  other  type  of  organi- 
zation, who  lawfully  obtains  or  sees  records,  reports  or  in- 
formation obtained  in  the  administration  of  this  chapter,  who 
violates  any  provision  of  this  section  shall  be  fined  not  less 
than  twenty  dollars  nor  more  than  two  hundred  dollars,  or  im- 
prisoned for  not  more  than  ninety  days,  or  both. 

(6)  No  action  for  slander  or  libel,  either  criminal  or 
civil,  shall  be  predicated  upon  information  furnished  by  any 
employer  or  any  employee  to  the  director  in  connection  with 
the  administration  of  any  of  the  provisions  of  this  chapter. 

16.  Contingent  Fund.  Amend  subsection  C  of  section  10 
of  said  chapter  218,  as  inserted  by  section  15,  chapter  185  of 
the  Laws  of  1949,  (subsection  C,  section  10,  chapter  282,  RSA) 
by  striking  out  the  whole  of  the  same  and  inserting  in  place 
thereof  the  following:  C.  Contingent  Fund.  There  is  here- 
by created  in  the  state  treasury  a  special  fund  to  be  known  as 
the  contingent  fund.  All  interest,  fines  and  penalties 
collected  under  the  provisions  of  this  chapter,  after  the 
effective  date  of  this  subsection,  shall  be  paid  into  this  fund. 
The  monies  in  this  fund  may  be  used  by  the  director:  (1)  as 
a  revolving  fund  to  cover  expenditures  (necessary  and  proper 
under  the  law)  for  which  federal  funds  have  been  duly  re- 
quested but  not  yet  received,  subject  to  the  charging  of  such 


208  Chapter  141  [1955 

expenditures  against  such  funds  when  received,  (2)  for  an 
annual  audit  by  a  private  firm  of  certified  public  accountants, 
such  firm  to  be  designated  by  the  state  comptroller  with 
approval  of  the  governor  and  council,  of  the  various  funds 
provided  for  under  this  chapter  and  the  employers'  separate 
accounts  maintained  pursuant  thereto,  (3)  for  training  and 
education  of  employment  security  personnel  in  their  work, 
when  money  for  such  is  not  available  from  the  federal  govern- 
ment, (4)  for  rents,  fees,  salaries  and  equipment  when  money 
for  such  is  not  available  from  the  federal  government,  (5)  for 
any  other  purpose  which  is  found  by  the  governor  and  council 
to  be  in  furtherance  of  the  administration  of  this  chapter. 
Monies  in  this  fund  shall  not  be  expended  or  available  for  ex- 
penditure in  any  manner  which  would  permit  their  substitu- 
tion for  (or  a  corresponding  reduction  in)  federal  funds  which 
would,  in  the  absence  of  said  monies,  be  available  to  finance 
expenditures  for  the  administration  of  this  chapter.  This  fund 
shall  be  used  by  the  director  for  the  payment  of  costs  of  ad- 
ministration which  are  found  not  to  have  been  properly  and 
validly  chargeable  against  federal  grants  (or  other  funds)  re- 
ceived for  or  in  the  unemployment  compensation  and  employ- 
ment service  administration  fund  on  or  after  the  effective  date 
of  this  subsection.  The  monies  in  this  fund  are  hereby  specifi- 
cally made  available  to  replace,  within  a  reasonable  time,  any 
monies  received  by  this  state  pursuant  to  section  302  of  the 
federal  Social  Security  Act,  as  amended,  which,  because  of 
any  action  or  contingency,  have  been  lost  or  expended  for  pur- 
poses other  than,  or  in  amounts  in  excess  of,  those  necessary 
for  the  proper  administration  of  this  chapter.  The  monies  in 
this  fund  shall  be  continuously  available  to  the  director  for 
expenditure  in  accordance  with  the  provisions  of  this  sub- 
section and  shall  not  lapse  at  any  time  or  be  transferred  to 
any  other  fund  except  as  herein  provided.  Provided,  however, 
that  on  June  30  of  each  year  all  monies  in  excess  of  one  thou- 
sand dollars  in  this  fund  shall  be  transferred  to  the  unemploy- 
ment compensation  fund.  In  the  event  that  a  refund  of  interest, 
a  fine  or  a  penalty  is  found  necessary,  and  such  interest,  fine 
or  penalty  has  been  deposited  in  the  contingent  fund,  such  re- 
fund shall  be  made  from  the  contingent  fund.  This  fund  shall 
be  administered  and  disbursed  in  the  same  manner  and  under 
the  same  conditions  as  other  special  funds  of  the  state 
treasury. 


1955]  Chapter  141  209 

17.  Injunction.  Amend  section  11  of  said  chapter  218,  as 
amended  by  sections  21  and  22,  chapter  138  of  the  Laws  of 
1945,  section  23,  chapter  59  of  the  Laws  of  1947,  sections  16 
and  17,  chapter  185  and  chapter  201  of  the  Laws  of  1949, 
section  9,  chapter  140  of  the  Laws  of  1951,  sections  9,  10,  11 
and  12,  chapter  209  of  the  Laws  of  1953,  (section  12,  chapter 
282,  RSA)  by  inserting  after  subsection  C  thereof  the  follow- 
ing new  subsection  C-1:  C-1.  Injunction.  Any  employer  or 
employing  unit  refusing  or  failing  to  make  and  file  required 
reports  or  to  pay  any  contributions,  interest  or  penalties  when 
due  under  the  provisions  of  this  chapter,  after  ten  days' 
written  notice  sent  by  the  director  or  his  authorized  repre- 
sentative to  the  employer's  or  employing  unit's  last  known 
address  by  registered  mail,  may  be  enjoined  from  operating  any 
business  in  the  state  while  in  violation  of  the  provisions  of  this 
chapter  upon  the  complaint  of  the  director  of  the  division  of 
employment  security  in  the  superior  court  of  the  county  in 
which  the  employer  or  employing  unit  has  or  had  a  place  of 
business  within  the  state,  and  any  temporary  injunction  en- 
joining the  continuance  of  such  business  may  be  granted  with- 
out notice.  Such  injunction  may  enjoin  any  employer  or  em- 
ploying unit  from  operating  his  or  its  business  until  such  re- 
ports and/or  contributions  including  interest  and  penalties 
shall  have  been  made  and  filed  or  paid.  The  provisions  of  this 
subsection  shall  be  deemed  as  cumulative  and  in  addition  to 
any  other  provisions  of  this  chapter  relating  to  the  collection 
of  contributions  by  the  director. 

18.  Adjustments  and  Refunds.  Amend  subsection  F  of 
section  11  of  said  chapter  218,  as  amended  by  section  22,  chap- 
ter 138  of  the  Laws  of  1945,  chapter  201  of  the  Laws  of  1949, 
and  section  10,  chapter  209  of  the  Laws  of  1953,  (subsection  H 
of  section  11,  chapter  282,  RSA)  by  striking  out  the  whole  of 
the  same  and  inserting  in  place  thereof  the  following:  F. 
Adjustments  and  Refunds.  If  not  later  than  four  years  from 
the  last  day  of  the  period  with  respect  to  which  a  payment 
of  any  contributions  or  interest  thereon  was  made,  or  one  year 
from  the  date  on  which  such  payment  was  made,  whichever 
shall  be  the  later,  an  employing  unit  or  employer  who  has  paid 
such  contribution  or  interest  thereon,  shall  make  application 
for  an  adjustment  thereof  in  connection  with  subsequent 
contribution  payments,  or  for  a  refund  thereof  because  such 


210  Chapter  141  [1955 

adjustment  cannot  be  made,  and  the  director  shall  determine 
that  such  contributions  or  interest  or  any  portion  thereof  was 
erroneously  collected,  the  director  shall  allow  such  employing 
unit  or  employer  to  make  an  adjustment  thereof,  without  in- 
terest, in  connection  with  subsequent  contribution  payments 
by  him,  or  if  such  adjustment  cannot  be  made,  the  director 
shall  refund  said  amount,  without  interest,  from  the  fund,  un- 
less such  payments  are  to  be  refunded  from  the  contingent 
fund  as  provided  in  section  10-C.  The  director,  on  his  own 
initiative,  may,  in  any  case,  for  like  cause  and  within  the  same 
period,  allow  either  adjustment  or  refund,  as  he  in  his  dis- 
cretion may  deem  to  be  for  the  best  interests  of  the  state. 
Nothing  in  this  chapter  or  in  any  part  thereof,  shall  be  con- 
strued to  authorize  any  refund  or  credit  of  monies  due  and 
payable  under  the  law  and  regulations  in  effect  at  the  time 
such  monies  were  paid. 

19.  Jeopardy  Assessment.  Amend  section  11  of  said  chap- 
ter 218,  as  amended  by  sections  21  and  22,  chapter  138  of  the 
Laws  of  1945,  section  23,  chapter  59  of  the  Laws  of  1947, 
sections  16  and  17,  chapter  185  and  chapter  201  of  the  Laws  of 
1949,  section  9,  chapter  140  of  the  Laws  of  1951,  and  sections 
9,  10,  11  and  12,  chapter  209  of  the  Laws  of  1953,  (section  11, 
chapter  282,  RSA)  by  inserting  after  subsection  H  thereof  the 
following  new  subsection  H-1 :  H-1.  Jeopardy  Assessment. 
If  the  director  believes  that  the  collection  of  contributions  will 
be  jeopardized  by  delay,  he  shall,  whether  or  not  the  time  pre- 
scribed by  section  6  or  section  11  or  by  the  rules  and 
regulations  of  the  director  for  making  return  and  paying  such 
contributions  has  expired,  immediately  assess  on  the  basis  of 
whatever  information  he  may  have  such  contributions  to- 
gether with  all  interest  and  penalties.  Such  contributions,  in- 
terest and  penalties  shall  thereupon  become  immediately  due 
and  payable,  and  immediate  notice  and  demand,  either  in  per- 
son or  in  writing,  shall  be  made  by  the  director  or  his  duly 
authorized  representatives  for  the  payment  thereof.  Upon 
failure  or  refusal  to  pay  immediately  such  contributions,  inter- 
est and  penalties,  collection  thereof  by  any  means  provided  in 
this  section  shall  be  lawful  without  regard  to  the  period  pre- 
scribed in  section  11-G  or  by  the  rules  and  regulations  of  the 
director,  and  proceedings  may  also  be  instituted  under  sec- 
tion 13  for  such  failure  or  refusal. 


1955]  CHAPTER  141  211 

The  collection  of  the  whole  or  any  part  of  the  amount  of 
such  assessment  may  be  stayed  by  filing  with  the  director  a 
bond  in  such  amount  as  is  equal  to  the  amount  to  which  the 
stay  is  desired  and  with  such  sureties  as  the  director  deems 
necessary  conditioned  on  payment  of  the  amount  collection  of 
which  is  stayed,  at  the  time  at  which,  but  for  this  subsection, 
such  amount  would  be  due. 

An  assessment  under  this  subsection  shall  not  finally  fix 
the  amount  of  such  contributions,  interest  and  penalties.  Where 
the  amount  due  is  subsquently  discovered  to  be  greater  than 
that  assessed,  the  balance  shall  be  collected  by  any  means 
provided  in  this  section.  If  the  amount  due  is  subsequently  dis- 
covered to  be  less  than  that  assessed,  it  will  be  adjusted  in  the 
manner  provided  by  section  11-F. 

20.  Penalties.  Amend  section  13  of  said  chapter  218,  as 
amended  by  section  23,  chapter  138  of  the  Laws  of  1945, 
section  10,  chapter  140  and  section  8,  chapter  142  of  the  Laws 
of  1951,  and  section  13,  chapter  209  of  the  Laws  of  1953, 
(section  14,  chapter  282,  RSA)  by  striking  out  the  whole  of 
the  same  and  inserting  in  place  thereof  the  following:  13. 
Penalties.  A.  Whoever  wilfully  makes  a  false  statement  or 
representation  or  knowingly  fails  to  disclose  a  material  fact  to 
obtain  or  increase  any  benefit  or  other  payment  under  this 
chapter,  either  for  himself,  or  for  any  other  person,  shall,  upon 
conviction,  be  fined  not  less  than  twenty  nor  more  than  two 
hundred  dollars,  or  imprisoned  not  more  than  one  year,  or 
both ;  and  each  such  false  statement  or  representation  or  fail- 
ure to  disclose  a  material  fact  shall  constitute  a  separate  and 
distinct  offense. 

B.  Any  individual  who  wilfully  makes  a  false  statement 
or  representation  or  knowingly  fails  to  disclose  a  material  fact 
before  a  representative  of  the  division  of  employment  security 
of  the  state  of  New  Hampshire  to  obtain  benefits  under  the 
laws  of  any  other  state  or  the  federal  government  shall  be 
subject  to  the  same  provisions  of  this  chapter  as  if  he  were 
claiming  benefits  under  this  chapter. 

C.  Any  individual  who  is  convicted  under  subsection  A 
of  this  section  shall  be  deemed  disqualified  from  receiving 
benefits  for  one  year  from  the  date  of  such  conviction,  and  all 
benefits  received  for  any  week  or  weeks  directly  affected  by 
such  false  statement  or  representation  or  failure  to  disclose  a 


212  Chapter  141  [1955 

material  fact  shall  be  deemed  overpaid  and  restitution  shall  be 
ordered  by  the  court  in  all  such  cases  in  an  amount  equal  to 
such  overpayment. 

D.  Whoever  wilfully  makes  a  false  statement  or  repre- 
sentation or  knowingly  fails  to  disclose  a  material  fact, 
whether  before  a  representative  of  the  division  of  employment 
security  of  the  state  of  New  Hampshire  or  in  another  state  be- 
fore a  representative  of  the  unemployment  compensation 
agency  of  that  state  which  is  acting  in  the  capacity  of  agent 
for  the  state  of  New  Hampshire,  to  obtain  or  increase  any 
benefit  or  other  payment  under  this  chapter,  either  for  himself, 
or  for  any  other  person,  may,  in  the  discretion  of  the  director 
or  his  authorized  representative,  be  determined  to  be  dis- 
qualified for  benefits  for  each  week  directly  affected  by  the 
false  statement  or  representation  or  failure  to  disclose  a 
material  fact,  and  all  benefits  received  for  each  week  of  such 
disqualification  shall  be  deemed  overpaid  and  restitution  in  an 
amount  equal  to  such  overpayment  shall  be  ordered  by  the 
director  or  his  authorized  representative.  In  addition  to  such 
disqualification  he  shall  be  deemed  ineligible  to  receive  benefits 
for  not  less  than  four  nor  more  than  fifty-two  consecutive 
weeks,  beginning  with  the  week  in  which  the  decision  is  made, 
as  determined,  by  the  director  or  his  authorized  representative. 
For  each  week  of  determined  ineligibility  an  amount  equal  to 
the  individual's  maximum  weekly  benefit  rate  during  such 
week  shall  be  deducted  from  the  maximum  benefits  available  to 
him  during  the  benefit  year  in  which  such  week  falls,  but  no 
change  shall  be  made  in  his  weekly  benefit  amount  because  of 
this  deduction.  Any  proceeding  or  action  taken  under  this  sub- 
section shall  be  in  lieu  of  and  not  in  addition  to  any  proceed- 
ing or  action  taken  under  subsection  A  of  this  section. 

E.  Any  person  who  has  received  any  benefits  under  this 
chapter  while  any  conditions  for  the  receipt  of  benefits  im- 
posed by  this  chapter  were  not  fulfilled  or  while  he  was  dis- 
qualified from  receiving  benefits,  shall,  unless  such  benefits 
were  received  by  him  solely  through  error  or  inadvertence  of 
the  director  or  his  authorized  representative  as  defined  by  the 
regulations  of  the  director,  be  liable  to  repay  to  the  director 
such  benefits  and  they  shall  be  considered  to  be  overpayments. 
No  such  overpayment  shall  exist  unless  a  determination  has 
been  made  by  a  certifying  officer  setting  forth  the  facts  caus- 


1955]  Chapter  141  213 

ing  the  creation  of  the  overpayment  and  notice  of  such  de- 
termination has  been  sent  to  the  claimant  who  may  appeal  in 
the  manner  set  forth  in  section  5  of  this  chapter.  Such  de- 
termination shall  be  made  within  two  years  of  the  weeks 
affected  thereby. 

The  director  shall  collect  any  overpayment  created  under 
this  chapter  by  civil  action  in  any  manner  provided  for  the 
collection  of  contributions  in  section  11  of  this  chapter,  and 
shall  withhold,  in  whole  or  in  part  as  determined  by  the 
director,  any  future  benefits  payable  to  the  individual,  and 
credit  such  amount  withheld  against  the  overpayment  until  it 
is  repaid  in  full. 

F.  Any  employing  unit,  as  enumerated  in  or  within  the 
meaning  of  section  1-G  of  this  chapter,  or  any  officer  or  agent 
of  an  employing  unit,  who  knowingly  makes  a  false  statement 
or  representation  or  who  knowingly  fails  to  disclose  a  material 
fact  to  avoid  becoming  or  remaining  subject  hereto  or  to  avoid 
or  prevent  or  reduce  any  contribution  or  other  payment  re- 
quired of  such  employing  unit  under  this  chapter,  or  to  deny 
or  reduce  payments  of  benefits  to  any  individual,  or  who 
knowingly  fails  or  refuses  to  make  any  such  contribution  or 
other  payment  or  to  furnish  any  reports  required  hereunder 
or  to  testify  or  to  permit  inspection  of  records  or  produce 
records  as  required  hereunder,  or  who  makes,  permits  or  re- 
quires any  deduction  from  wages  to  pay  all  or  any  portion  of 
the  contributions  required  from  employers,  or  who  attempts 
to  induce  any  individual  to  waive  any  right  under  this  chapter, 
shall,  upon  conviction,  be  fined  not  less  than  twenty-five  nor 
more  than  five  hundred  dollars,  or  imprisoned  not  more  than 
one  year,  or  both;  and  each  such  violation  shall  constitute  a 
separate  and  distinct  offense, 

G,  Any  violator  of  any  provision  of  this  chapter,  or  of 
any  order,  rule  or  regulation  thereunder,  for  which  a  penalty 
is  neither  prescribed  above  nor  provided  by  any  other  appli- 
cable statute,  shall  be  fined  not  less  than  twenty  nor  more  than 
two  hundred  dollars,  or  imprisoned  not  more  than  one  year, 
or  both ;  and  each  such  violation  shall  constitute  a  separate  and 
distinct  offense. 

H.  Recovery  for  another  State,  On  request  of  an  agency 
which  administers  an  employment  security  law  of  another 
state  and  which  has  found  in  accordance  with  the  provisions  of 


214  Chapter  142  [1955 

such  law  that  a  claimant  is  liable  to  repay  benefits  received 
under  such  law  by  reason  of  having  knowingly  made  a  false 
statement  or  representation  or  knowingly  failed  to  disclose  a 
material  fact  with  respect  to  a  claim  taken  in  this  state  as  an 
agent  for  such  agency,  the  director  may,  if  the  existence  of 
such  false  statement  or  representation  or  knowing  failure  to 
disclose  a  material  fact  has  been  found  by  a  court  of  competent 
jurisdiction,  collect  from  such  claimant  the  amount  of  such 
benefits  to  be  refunded  to  such  agency,  and  in  any  case  in  which 
under  this  subsection  a  claimant  is  liable  to  repay  any  amount 
to  the  agency  of  another  state  such  amounts  may  be  collected 
without  interest  by  civil  action  in  the  name  of  the  director 
acting  as  agent  for  such  agency. 

21.  Director,  Deputy  Directx)r.  Amend  section  9  of  said 
chapter  218  (section  9,  chapter  282,  RSA)  by  inserting  after 
subsection  E  thereof  the  following  new  subsection:  E-1. 
Incapacity,  Absence  and  Inability.  The  deputy  director  of  the 
division  of  employment  security  shall  act  as  director  whenever 
the  director  of  the  division  of  employment  security  is  in- 
capacitated, absent  or  unable  to  act  for  any  cause.  The  deputy 
director  shall  also  act  as  director  of  the  division  of  employment 
security  until  a  new  director  is  duly  appointed  whenever  there 
is  no  director.  During  such  period  as  the  deputy  director  acts 
as  director  his  status  as  a  classified  state  employee  shall  con- 
tinue and  shall  in  no  way  be  altered,  affected  or  changed. 

22.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  14,  1955.] 


CHAPTER  142. 

AN  ACT  RELATIVE  TO  SPECIAL  SESSIONS  OF  PROBATE  COURTS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened,: 

1.  Judges  of  Probate.  Amend  section  23  of  chapter  346, 
Revised  Laws,  (section  24,  chapter  547,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  23. 
Special  Sessions.     Whenever  the  judge,  at  the  request  of  the 


1955]  Chapter  143  215 

parties,  shall  attend  an  uncontested  hearing  on  days  other 
than  those  fixed  by  the  statute  as  the  regular  days  for  the 
sitting  of  the  probate  court,  he  may  be  allowed  five  dollars  for 
his  service  plus  his  expenses.  In  the  case  of  a  contested  hear- 
ing, he  shall  be  allowed  additional  compensation  which  shall 
not  exceed  an  additional  ten  dollars  for  a  half  day  or  an  addi- 
tional twenty  dollars  for  a  whole  day  plus  his  expenses.  Such 
compensation  and  expenses  shall  be  paid  out  of  the  estate  to 
which  the  proceedings  relate,  unless  the  judge  rules  otherwise. 

2.     Takes    Effect.      This    act    shall   take    effect   upon   its 
passage. 
[Approved  May  21,  1955.] 


CHAPTER  143. 


AN  ACT  RELATIVE  TO  PENALTY  FOR  FAILURE  TO  SURRENDER  MOTOR 

VEHICLE  LICENSE,  REGISTRATION  OR  NUMBER  PLATE  UPON 

DEMAND  AND  RELATIVE  TO  SPECIAL  NUMBER  PLATES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Motor  Vehicles,  Penalties.  Amend  section  21  of  chap- 
ter 118  of  the  Revised  Laws  (section  26,  chapter  262,  RSA) 
by  inserting  after  the  word  "justice,"  in  the  next  to  last  line  of 
said  section  the  words,  or  who  refuses  to  surrender  to  the  com- 
missioner or  his  duly  authorized  representative  any  license, 
registration  certificate  or  number  plates  upon  demand  after 
suspension  or  revocation  of  the  same,  so  that  said  section  as 
amended  shall  read  as  follows :  21.  Disobeying  Officer.  Any 
person  who,  while  operating  or  in  charge  of  a  motor  vehicle, 
shall  refuse  when  requested  by  a  police  officer  to  give  his  name 
and  address  or  the  name  and  address  of  the  owner  of  such 
motor  vehicle,  or  who  shall  give  a  false  name  or  address,  or 
who  shall  refuse  or  neglect  to  stop  when  signaled  to  stop  by 
any  police  officer  who  is  in  uniform  or  who  displays  his  badge 
conspicuously  on  the  outside  of  his  outer  coat  or  garment,  or 
who  refuses  on  demand  of  such  officer  to  produce  his  license  to 
operate  such  vehicle  or  his  certificate  of  registration,  or  to 
permit  such  officer  to  take  the  license  or  certificate  in  hand 
for  the  purpose  of  examination,  or  who  refuses  on  demand  of 


216  Chapter  144  [1955 

such  officer  to  sign  his  name  in  the  presence  of  such  officer,  or 
who  refuses  or  neglects  to  produce  his  license  when  requested 
by  a  court  or  justice,  or  who  refuses  to  surrender  to  the  com- 
missioner or  his  duly  authorized  representative  any  license, 
registration  certificate  or  number  plates  upon  demand  after 
suspension  or  revocation  of  the  same,  shall  be  fined  not  less 
than  twenty-five  nor  more  than  one  hundred  dollars. 

2.  Motor  Vehicles.  Amend  section  7-a  of  chapter  116  of 
the  Revised  Laws,  as  inserted  by  chapter  81  of  the  Laws  of 
1953,  and  as  amended  by  chapter  28  of  the  Laws  of  1955 
(section  10,  chapter  260,  RSA)  by  inserting  after  the  words 
"members  of  the  senate"  the  words,  or  their  spouse ;  by  insert- 
ing after  the  words  "members  of  the  house  of  representatives" 
the  words,  or  their  spouse;  and  by  inserting  after  the  words 
"his  deputy"  the  words,  county  sheriffs,  so  that  said  section  as 
amended  shall  read  as  follows :  7-a.  Special  Number  Plates. 
Upon  payment  of  motor  vehicle  registration  fee,  if  any,  the 
motor  vehicle  commissioner  may  issue  a  special  plate,  to  be 
designated  by  him,  to  be  affixed  to  the  vehicle  of  the  governor, 
the  members  of  the  governor's  council,  president  of  the  senate, 
members  of  the  senate  or  their  spouse,  speaker  of  the  house 
of  representatives,  members  of  the  house  of  representatives  or 
their  spouse,  the  attorney  general  and  his  deputy,  county 
sheriffs,  and  vehicles  of  state  police  and  motor  vehicle  depart- 
ments. Said  special  plates  shall  be  issued  at  no  cost  to  the  state 
other  than  those  plates  furnished  to  the  governor,  the  mem- 
bers of  the  governor's  council,  the  president  of  the  senate, 
speaker  of  the  house  of  representatives,  state  police  and  motor 
vehicle  departments. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  21,  1955.] 


CHAPTER  144. 

AN  ACT  RELATIVE  TO  AGRICULTURAL  VEHICLES  AND  TRUCKS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatwes  in 
General  Court  convened: 

1.     Agricultural  Trucks.     Amend  paragraph  IV  of  section  1 


1955]  CHAPTER  144  217 

of  chapter  118  of  the  Revised  Laws  as  amended  by  section  1, 
chapter  48,  Laws  of  1945,  section  2,  chapter  273,  Laws  of  1947, 
and  section  1,  chapter  76,  Laws  of  1953,   (paragraph  V,  sec- 
tion 1,  chapter  262,  RSA)    by  striking  out  the  words  "each 
tractor  or  truck  used  only  on  snow  and  each  snowmobile"  in  the 
eighth  and  ninth  lines  and  by  striking  out  the  word  "five"  in 
the  twelfth  line  and  inserting  in  place  thereof  the  word,  ten, 
so  that  said  paragraph  as  amended  shall  read  as  follows :     IV. 
For  each  road  oiler  or  bituminous  distributor  the  fee  shall  be 
seventy-five  dollars.   For   each   tractor   used  for  agricultural 
purposes  only,  each  vehicle  of  the  tractor  type  used  for  agricul- 
tural purposes  only  and  used  to  draw  another  vehicle  in  such 
a  way  that  a  part  of  the  load  is  carried  on  such  towing  vehicle, 
each  tractor  used  for  power  purposes  only  that  does  not  haul 
loads  on  the  public  highways  except  as  hereinbefore  provided 
for  tractor  type  vehicles,  two  dollars.  Each  commercial  vehicle 
or  truck  used  for  agricultural  purposes  only  and  used  on  the 
public  highways  within  a  radius  of  ten  miles  from  the  main 
entrance  of  the  farm  upon  which  said  vehicle  is  operated,  or 
used  to  transport  animals  and  agricultural  products  to  agri- 
cultural fairs  and  exhibits  for  exhibition  purposes  only,  two 
dollars,  provided  that  such  vehicle  under  such  limited  registra- 
tion shall  not  be  used  for  the  purpose  of  transporting  products 
for  sale  or  for  hire.  For  each  farm  truck  of  a  total  weight, 
determined  as  provided  in  paragraph  III  of  the  section,  used 
only  for  the  transportation  of  agricultural  products  produced 
on,  and  meant  to  be  used  in  connection  with  the  operation  of, 
a  farm  or  farms  owned,  operated  or  occupied  by  the  registrant, 
the  fee  shall  be  twenty-five  dollars,  for  the  first  sixteen  thou- 
sand pounds  and  at  the  same  rates  as  set  forth  in  paragraph 
III  of  this  section  for  any  additional  weight  above   sixteen 
thousand  pounds,  provided  that  a  farm  truck  so  registered 
shall  not  be  used  for  the  transportation  of  wood  and  lumber 
for  sale  other  than  from  such  farms  on  which  the  production 
of  wood  and  lumber  is  incidental  to  other  farm  operations,  nor 
shall  such  trucks  be  used  for  the  retail  delivery  of  milk.  In  the 
event  that  a   farm    truck   registered   under  the   twenty-five 
dollar  fee  as  hereinbefore  provided  is  thereafter  registered  for 
general  use  during  the  same  registration  year  such  fee  shall 
be  applied  toward  the  fee  for  such  general  registration. 


218  Chapters,  145,  146  [1955 

2.     Takes    Effect.      This    act    shall   take    effect   upon    its 
passage. 
[Approved  May  21,  1955.] 


CHAPTER  145. 

AN  ACT  RELATING  TO  HOLIDAYS. 

Be  it  enacted  by  the  Seriate  and  Hous>e  of  Representatives  in 
General  Court  convened: 

1.  Veterans  Day.  Amend  section  2,  chapter  367  of  the 
Revised  Laws  as  amended  by  chapter  270  of  the  Laws  of  1949 
(section  1,  chapter  288,  RSA)  by  striking  out  the  words,  Armis- 
tice Day,  and  inserting  in  place  thereof  the  words.  Veterans 
Day,  so  that  said  section  as  amended  shall  read  as  follows :  ,2. 
Holidays.  Thanksgiving  day  whenever  appointed,  the  fourth 
Monday  in  April  known  as  Fast  Day,  the  first  Monday  in 
September,  known  as  Labor  Day,  the  day  on  which  the  biennial 
election  is  held,  January  first,  February  twenty-second.  May 
thirtieth,  July  fourth,  October  twelfth,  November  eleventh, 
known  as  Veterans  Day  and  Christmas  day  are  legal  holidays. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  21,  1955.] 


CHAPTER  146. 


AN  ACT  RELATIVE  TO  FOREST  FIRE  PROTECTION  AND 
APPOINTMENT  OF  WARDENS. 

Be  it  enacted  by  the  Senate  and  Hous^e  of  Representatives  in 
General  Court  convened: 

1.  Fire  Wardens;  Term  of.  Amend  section  17  of  chapter 
233  of  the  Revised  Laws  (section  8,  chapter  224,  RSA)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  17.  Term.  Upon  the  appointment  of  a  forest 
fire  warden  or  deputy  forest  fire  warden  in  any  town,  city  or 
place,  the  term  of  oflfice  of  the  forest  fire  warden  or  deputy 


1955]  Chapter  146  219 

forest  fire  warden  theretofore  acting  therein  shall  immediately 
cease,  and  the  new  appointee  shall  thereafter  serve  for  three 
years,  or  until  a  successor  is  appointed  as  herein  provided. 

2.  Forest  Fire  Trails.  Amend  chapter  233  of  the  Revised 
Laws  (chapter  224,  RSA)  by  inserting  after  section  19  thereof 
the  following  new  section:  19-a.  Fire  Trails.  Forest  fire 
wardens  and  deputy  wardens  or  any  agent  designated  by  them 
may,  with  the  approval  of  the  state  forester,  brush-out  and 
make  passable  old  roads  and  trails  useful  for  the  passage  of 
men  and  equipment  in  case  of  forest  fires.  Expenditures  for 
this  purpose  shall  be  shared  by  the  state  and  town,  place  or 
municipality  in  the  same  proportion  as  other  prevention  ex- 
pense except  that  the  state's  share  under  this  section  shall 
not  exceed  twenty-five  dollars  to  any  one  town,  place  or 
municipality  in  any  one  year. 

3.  Declaring  Forests  Closed.  Amend  section  37-a  of  chap- 
ter 233  of  the  Revised  Laws  as  inserted  by  section  1  of  chapter 
70  of  the  Laws  of  1949  (section  32,  chapter  224,  RSA)  by 
striking  out  the  words  "and  council"  in  the  first  line  and  the 
words  "in  his  opinion"  in  the  second  line  and  by  inserting  after 
the  word  "may"  in  the  fifth  line  the  words,  with  verbal 
approval  of  the  council,  so  that  said  section  as  amended  shall 
read  as  follows:  37-a.  Declaring.  The  governor  upon  the 
recommendation  of  the  state  forester,  when  there  is  danger  of 
starting  fires  in  the  woodlands  of  the  state  due  to  a  period  of 
protracted  drought  or  excessive  dryness  which  requires  extra- 
ordinary precautions,  may,  with  verbal  approval  of  the  coun- 
cil, by  official  proclamation,  prohibit  smoking  in  or  near  wood- 
land and  prohibit  the  kindling  of  any  open  fire  in  or  near  wood- 
land in  any  or  all  parts  of  the  state  for  such  time  as  they  may 
designate.  Whoever  is  found  guilty  of  violating  the  provisions 
of  this  section  shall  be  fined  not  more  than  twenty-five  dollars. 

4.  Takes  Eflfect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  21,  1955.] 


220  Chapters,  147,  148  [1955 

CHAPTER  147. 

AN  ACT  PROVIDING  FOR  A  STUDY  OF  THE  MANNER  OF  APPORTION- 
ING THE  COST  OF  CONSTRUCTION  AND  MAINTENANCE  OF 
HIGHWAY  AND  RAILROAD  UNDERPASSES  AND 
0\^RPASSES. 

Be  it  enacted  by  the  Seyiate  and  Hou&e  of  Representatives  in 
General  Court  convened: 

1.  Study  of  Apportionment  of  Costs.  That  the  commis- 
sioner of  pubHc  works  and  highways  and  the  public  utilities 
commission  are  directed  to  study  the  present  manner  of 
apportioning  the  cost  of  construction  and  the  cost  of  mainte- 
nance of  highway  and  railroad  underpasses  and  overpasses  be- 
tween railroads,  operating  in  this  state,  and  the  state,  or  be- 
tween such  railroads  and  municipalities  as  the  case  may  be. 
and  to  study  the  manner  in  which  such  apportionment  might 
be  made  in  the  future  in  order  to  provide  an  equitable  method 
of  apportionment  consonant  with  present  day  conditions  and 
the  relative  benefits  derived  from  such  structures  by  the  rail- 
roads and  the  state,  or  between  the  railroads  and  municipali- 
ties, as  the  case  may  be.  The  commissioner  of  public  works  and 
highways  and  the  public  utilities  commission  are  directed  to 
elicit  the  suggestions  and  cooperation  of  the  railroads  operat- 
ing in  this  state  in  this  study  to  be  completed  not  later  than 
October  1,  1956. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  21,  1955.] 


CHAPTER  148. 

AN  ACT  RELATIVE  TO  A  REPORT  OF  BIRTH. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Vital  Statistics.  Amend  section  4  of  chapter  337  of  the 
Revised  Laws  as  amended  by  section  2  of  chapter  98  of  the 
Laws  of  1949  (section  6,  chapter  126,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:     4. 


1955]  Chapter  148  221 

Report  of  Birth.  Any  hospital  in  the  state  in  which  a  child 
shall  be  born  alive  shall  complete  the  certificate  of  live 
birth,  obtain  the  signature  of  the  attending  physician  or 
other  persons  in  charge,  who  shall  attend,  assist  or  advise 
at  the  birth  of  any  child,  and  shall  report  to  the  clerk  of  the 
town  in  which  the  hospital  is  located  within  six  days  there- 
after. If  any  child  is  born  alive  outside  a  hospital,  each  physi- 
cian who  has  professional  charge  of  the  mother  at  the  birth  of 
any  child  shall,  within  six  days  after  such  birth,  and  the  father 
or  mother  of  such  child,  when  no  physician  is  employed  or,  in 
case  of  the  inability  of  the  attending  physician,  by  reason  of 
sickness,  death  or  absence,  to  make  out  such  certificate,  shall, 
within  thirty  days  after  such  birth,  furnish  the  clerk  of  the 
town  in  which  such  birth  occurred  a  certificate  signed  by  such 
physician,  father  or  mother,  stating  from  the  best  information 
available  facts  required  by  the  state  department  of  health.  In 
case  the  parents  of  the  child  reside  in  some  other  town  than 
the  place  of  birth,  the  clerk  of  the  town  within  which  the  birth 
takes  place  shall  thereupon  send  a  copy  of  the  birth  record  to 
the  clerk  of  the  town  within  which  the  parents  reside,  where 
the  same  shall  be  recorded;  but  only  the  clerk  of  the  town  of 
actual  birth  shall  be  required  to  transmit  a  copy  to  the  state 
registrar. 

2.  Illegitimate  Children.  Amend  section  4-a  of  chapter  337 
of  the  Revised  Laws  as  inserted  by  section  1  of  chapter  19 1  of 
the  Laws  of  1949  (section  7,  chapter  126,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  4-a. 
Prohibition.  In  the  case  of  an  illegitimate  child  or  a  child 
born  out  of  wedlock,  no  certificate  of  birth  for  such  child  shall 
contain  any  specific  statement  or  reference  to  illegitimacy  of 
the  child,  or  that  the  child  was  born  in  or  out  of  wedlock,  or  to 
the  marital  status  of  the  parents.  The  name  of  the  putative 
father  of  an  illegitimate  child  or  of  a  child  born  out  of  wedlock 
shall  not  be  entered  in  or  upon  the  birth  certificate  of  such 
child  without  the  written  consent  of  both  the  mother  and  the 
putative  father,  or  unless  the  paternity  of  the  child  has  been 
adjudicated.  The  written  consent  shall  be  deposited  with  the 
clerk  of  the  town  in  which  the  birth  occurs  and  shall  be  filed 
and  cross  referenced  with  the  original  certificate.  When,  from 
information  appearing  upon  a  birth  certificate,  it  is  discernible 
that  the  record  is  that  of  an  illegitimate  child  or  a  child  born 


222  Chapter  149  [1955 

out  of  wedlock,  the  clerk  receiving  the  original  record  shall  not 
transmit  a  copy  of  such  a  record  to  the  city  or  town  within 
which  the  parents  reside  nor  shall  he  publish  a  report  of  such 
birth  in  any  town  or  county  report. 

3.     Takes    Effect.      This   act   shall    take    effect    upon    its 
passage. 
[Approved  May  21,  1955.] 


CHAPTER  149. 


AN    ACT   RELATIVE    TO    THE    DISTRIBUTION    OF    PROPERTY    TO 
LEGATEES,  DISTRIBUTEES  OR  BENEFICIARIES  OUTSIDE 

THE  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Distributees  Outside  the  Territorial  Limits  of  the  United 
States  of  America.  Amend  chapter  360  of  the  Revised  Laws 
(chapter  561,  RSA)  by  inserting  after  section  12  the  follow- 
ing new  section :  12-a.  Delivery  Deferred.  When  it  appears 
that  a  legatee,  distributee,  cestui  or  beneficiary  not  residing 
within  the  territorial  limits  of  the  United  States  of  America 
or  any  territorial  possession  thereof  would  not  have  the  bene- 
fit or  use  or  control  of  property  due  him  and  that  special  cir- 
cumstances make  it  desirable  that  delivery  to  him  be  deferred, 
the  probate  court  may  order  that  such  property  be  converted 
into  available  funds  and  paid  to  the  state  treasurer  to  be  in- 
vested by  him  and,  together  with  any  proceeds  thereof,  to  be 
handled  subject  to  such  further  order  as  such  probate  court 
may  enter,  provided  a  reasonable  fee,  as  allowed  by  the  court, 
of  the  attorney  for  any  such  legatee,  distributee,  cestui  or 
beneficiary  shall  be  considered  a  lien  on  such  funds  and  shall  be 
paid  by  the  fiduciary  having  such  funds  in  charge  to  such 
attorney  prior  to  payment  to  the  state  treasurer.  A  copy  of 
any  such  further  order  by  the  probate  court  shall  be  filed  with 
the  director,  division  of  inheritance  taxes,  state  tax  commis- 
sion. 

2.  Partition    of    Real    Estate,  Distribution    of   Proceeds. 

Amend  chapter  410  of  the  Revised  Laws  (chapter  538,  RSA) 


1955]  Chapter  150  223 

by  inserting  after  section  25  the  following  new  section :  25-a. 
Distribution  Deferred.  When  it  appears  that  an  owner  not 
residing  within  the  territorial  limits  of  the  United  States  of 
America  or  any  territorial  possession  thereof  would  not  have 
the  benefit  or  use  or  control  of  such  proceeds  due  him  and  that 
special  circumstances  make  it  desirable  that  delivery  of  such 
proceeds  to  him  be  deferred,  the  probate  court  may  order  that 
such  proceeds  be  paid  to  the  state  treasurer  to  be  invested  by 
him  and  handled  subject  to  such  further  order  as  such  probate 
court  may  enter,  provided  a  reasonable  fee,  as  allowed  by  the 
court,  of  the  attorney  for  any  such  owner  shall  be  considered 
a  lien  thereon  and  shall  be  paid  by  the  fiduciary  having  such 
funds  in  charge  to  such  attorney  prior  to  payment  to  the  state 
treasurer. 

3.     Takes   Effect.       This    act   shall    take    effect   upon    its 
passage. 
[Approved  May  21,  1955.] 


CHAPTER  150. 


AN  ACT  RELATIVE  TO  THE  POWERS  OF  THE  CREDIT  COMMITTEE  OF, 
AND  SALE  OF  CHECKS  BY,  CREDIT  UNIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Credit  Unions.  Amend  section  32  of  chapter  315,  Re- 
vised Laws  (section  32,  chapter  394,  RSA)  by  inserting  at  the 
end  of  said  section  the  words:  provided,  however,  that  by 
majority  vote  of  the  board  of  directors  any  credit  union  may 
make  loans  to  its  members  without  approval  of  the  credit 
committee  provided  such  loans  do  not  exceed  eighty  per  cent 
of  the  value  of  the  borrower's  shares  and  that  the  borrower 
does  not  have  any  other  direct  or  indirect  liability  to  the  said 
credit  union,  so  that  said  section  as  amended  shall  read  as 
follows :  32.  Credit  Committee.  The  credit  committee  shall 
hold  meetings,  of  which  due  notice  shall  be  given  its  members, 
for  the  purpose  of  considering  applications  for  loans,  and  no 
loan  shall  be  made  unless  all  members  of  the  committee  who 
are  present  when  the  application  is  considered,  and  at  least 


224  Chapter  151  [1955 

two  thirds  of  all  the  members  of  the  committee,  approved  the 
loan  and  are  satisfied  that  it  promises  to  benefit  the  borrower, 
provided,  however,  that  by  majority  vote  of  the  board  of 
directors  any  credit  union  may  make  loans  to  its  members 
without  approval  of  the  credit  committee  provided  such  loans 
do  not  exceed  eighty  per  cent  of  the  value  of  the  borrower's 
shares  and  that  the  borrower  does  not  have  any  other  direct 
or  indirect  liability  to  the  said  credit  union. 

2.  Authority  Granted.  Amend  chapter  315  of  the  Revised 
Laws  (chapter  394,  RSA)  by  inserting-  after  section  50  the 
following  new  section:  51.  Sale  of  Checks.  The  commis- 
sioner upon  petition  of  the  board  of  directors  of  a  credit  union 
may  authorize  said  credit  union,  under  regulations  made  by 
him,  to  sell  negotiable  checks  and  drafts  issued  by  it  or  drawn 
by  or  on  it  payable  by  or  through  a  trust  company  or  a  national 
banking  association. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  21,  1955.] 


CHAPTER  151. 

AN  ACT  RELATIVE  TO  BREAD  ENRICHMENT  AND  OLEOMARGARINE. 

Be  it  enacted  by  the  Senate  and  Hou»e  of  Representatives  in 
General  Court  convened: 

1.  Flour  and  Bread  Enrichment.  Amend  paragraph  V  of 
section  12-a  of  chapter  164  of  the  Revised  Laws  as  inserted  by 
section  1,  chapter  125,  Laws  of  1945  (paragraph  V,  section  12, 
chapter  146,  RSA)  by  striking  out  said  paragraph  and  insert- 
ing in  place  thereof  the  following :  V.  Exception.  Provided, 
however,  that  this  section  shall  not  apply  to  flour  sold  to  dis- 
tributors, bakers  or  other  processors  where  such  flour  is  either 
(1)  resold  to  a  distributor,  baker  or  other  processor,  or  (2) 
used  in  the  manufacture,  mixing  or  compounding  of  flour, 
white  bread  or  rolls  enriched  to  meet  the  requirements  of  this 
section,  or  (3)  used  in  the  manufacture  of  products  other  than 
flour,  white  bread  or  rolls.  It  shall  be  unlawful  for  any  such 
purchaser  to  use  or  resell  the  flour  so  purchased  in  any  manner 
other  than  prescribed  herein. 


1955]  Chapter  151  225 

2.  Oleomargarine  and  Margarine.  Amend  chapter  194  of 
the  Revised  Laws  (chapter  184,  RSA)  by  inserting  after  sec- 
tion 43  the  following  new  section :  43-a.  Standard  of  Identity 
and  Label  Statements.  The  state  board  of  health  shall  by 
regulation  adopt  a  reasonable  standard  of  identity  for  oleo- 
margarine or  margarine  and  prescribe  label  statements  for  in- 
gredients employed  therein.  No  person,  by  himself  or  his 
agents  or  servants,  shall  render  or  manufacture,  sell,  offer  for 
sale,  expose  for  sale  or  have  in  his  possession  with  intent  to 
sell  oleomargarine  or  margarine  which  fails  to  meet  the  stand- 
ard of  identity  and  labeled  in  accord  with  the  provisions 
established  by  regulation  of  the  state  board  of  health. 

3.  Requirements  for  Serving.  Amend  section  47  of  chapter 
194  of  the  Revised  Laws  as  amended  by  section  4,  chapter  222, 
Laws  of  1949  (section  52,  chapter  184,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  follov/ing:  47. 
Colored  Oleomargarine.  No  person  shall  possess  in  a  form 
ready  for  serving  colored  oleomargarine  or  margarine  at  a 
public  eating  place  unless  a  notice  that  oleomargarine  or 
margarine  is  served  is  displayed  prominently  and  conspicu- 
ously in  such  place  and  in  such  manner  as  to  render  it  likely 
to  be  read  and  understood  by  the  ordinary  individual  being 
served  in  such  eating  place  or  is  printed  or  is  otherwise  set 
forth  on  the  menu  in  type  or  lettering  not  smaller  than  that 
normally  used  to  designate  the  serving  of  other  food  items.  No 
person  shall  serve  colored  oleomargarine  or  colored  margarine 
at  a  public  eating  place,  whether  or  not  any  charge  is  made 
therefor,  unless  (1)  each  separate  serving  bears  or  is  accom- 
panied by  labeling  identifying  it  as  oleomargarine  or  marga- 
prine,  or  (2)  each  separate  serving  thereof  is  triangular  in 
shape. 

4.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  21,  1955.] 


226  Chapters  152,  153  [1955 

CHAPTER  152. 

AN  ACT  RELATING  TO  REGULAR  SESSIONS  OF  THE  HILLSBOROUGH 
COUNTY  PROBATE  COURT. 

Be  it  enacted  by  the  Senate  and  House  of  Req^resentatives  in 
General  Court  convened: 

1.  Probate  Court  Sessions.  Amend  section  6  of  chapter 
348  Revised  Laws  (section  6,  chapter  549,  RSA)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
6.  Hillsborough.  For  the  county  of  Hillsborough,  —  at 
Manchester,  on  the  first  and  third  Tuesdays  of  every  month, 
except  the  month  of  August;  at  Nashua,  on  the  fourth  Tues- 
day of  every  month,  except  the  month  of  August;  at  Peter- 
borough, on  the  third  Friday  of  March,  June,  September  and 
December;  at  Hillsborough  Bridge,  on  the  third  Friday  of 
January,  April,  July  and  October ;  at  Milford,  on  the  third  Fri- 
day of  February,  May  and  November. 

2.  Takes  Effect.  This  act  shall  take  effect  on  January  1, 
1956. 

[Approved  May  21,  1955.] 


CHAPTER  153. 


AN  ACT  ESTABLISHING  CERTAIN  POSITIONS  AT  THE 
STATE  HOSPITAL. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  State  Hospital.  Amend  chapter  17  of  the  Revised  Laws 
as  amended  by  section  12,  chapter  265  of  the  Laws  of  1953 
(chapter  135,  RSA)  by  inserting  after  section  2-b  the  follow- 
ing new  section:  2-c.  Directors.  There  ai'e  hereby  estab- 
lished positions  of,  director  of  psychiatric  education  and  re- 
search ;  director  of  clinical  services ;  director  of  out-patient 
services;  director  of  correctional  psychiatry.  These,  together 
with  the  assistant  superintendent  and  superintendent,  will  be 
responsible  for  the  determination  and  implementation  of  all 
policy  matters  relating  to  the  medical  care  of  patients  at  the 
state   hospital   and    all  other  persons   referred   to   the   state 


1955]  Chapter  154  227 

hospital  or  its  agents  for  psychiatric  assistance,  and  will  per- 
form such  other  duties  as  may  be  assigned  by  the  superin- 
tendent. The  superintendent,  with  the  approval  of  the  board  of 
trustees,  shall  appoint  qualified  medical  personnel  as  the 
director  of  clinical  services,  the  director  of  psychiatric  edu- 
cation and  research,  the  director  of  out-patient  services,  and 
the  director  of  correctional  psychiatry.  These  positions  shall 
carry  with  them  an  annual  salary  as  set  forth  in  chapter  265, 
Laws  of  1953  as  amended. 

2.  Salaries.  Amend  paragraph  II  of  section  1  of  chapter 
265,  Laws  of  1953  (chapter  94,  PwSA)  by  adding  at  the  end 
thereof  the  following:  director  of  clinical  services,  minimum 
$7062,  maximum  $8346 ;  director  of  phychiatric  education  and 
research,  minimum  $7062,  maximum  $8346;  director  of  out- 
patient services,  minimum  $7062,  maximum  $8346 ;  director  of 
correctional  psychiatry,  minimum  $7062,  maximum  $8346. 

3.  Maintenance.  Amend  section  6  of  chapter  265.  Laws  of 
1953  (section  5,  chapter  94,  RSA)  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  6.  Maintenance. 
In  addition  to  the  above  mentioned  salaries,  the  following 
positions  shall  carry  with  them  maintenance:  superintendent, 
assistant  superintendent,  director  of  clinical  services,  director 
of  psychiatric  education  and  research,  director  of  out-patient 
services  and  director  of  correctional  psychiatry,  state  hospital ; 
superintendent  and  deputy  superintendent,  industrial  school; 
warden  and  deputy  warden,  state  prison;  presidents  teachers 
colleges  and  the  superintendents  of  Laconia  state  school  and 
state  sanatorium,  and  commandant  of  the  New  Hampshire 
soldiers  home. 

4.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1955. 

[Approved  May  21,  1955.] 


CHAPTER  154. 

AN  ACT  RELATIVE  TO  BOARD  OF  VETERINARY  EXAMINERS  AND 
QUALIFICATIONS  FOR  VETERINARY  LICENSES. 

Be  it  enacted  by  the  Senate  and  Hou&e  of  Representatives  in 
General  Court  convened: 

1.     Veterinary  Medicine.     Amend  section  2  of  chapter  255, 


228  Chapter  154  [1955 

Revised  Laws  (section  2,  chapter  332,  RSA)  by  inserting  after 
the  word  "qualified"  in  the  fourth  line  the  words,  prior  to  the 
appointment  of  a  member  of  the  board  of  veterinary  examin- 
ers, the  governor  and  council  shall  receive  and  consider  the 
recommendations  of  the  executive  board  of  the  New  Hamp- 
shire Veterinary  Medical  Association  as  to  such  appointments. 
No  member  of  the  board  of  veterinary  examiners  can  succeed 
himself  on  the  board,  so  that  said  section  as  amended  shall 
read  as  follows:  2.  Examiners.  There  shall  be  a  board  of 
three  veterinary  examiners,  one  of  whom  shall  be  appointed 
each  year  by  the  governor,  with  the  advice  and  consent  of  the 
council,  for  a  term  of  three  years  and  until  his  successor  is 
appointed  and  qualified.  Prior  to  the  appointment  of  a  member 
of  the  board  of  veterinary  examiners,  the  governor  and  council 
shall  receive  and  consider  the  recommendations  of  the  execu- 
tive board  of  the  New  Hampshire  Veterinary  Medical  Asso- 
ciation as  to  such  appointments.  No  member  of  the  board  of 
veterinary  examiners  can  succeed  himself  on  the  board. 
Vacancies  shall  be  filled  in  like  manner  for  the  unexpired  term. 

2.  Increase  in  Amount.  Amend  section  4,  chapter  255,  Re- 
vised Laws,  as  amended  by  section  1,  chapter  209,  Laws  of 
1947  (section  5,  chapter  332,  RSA)  by  striking  out  the  word 
"ten"  in  the  first  line  and  inserting  in  place  thereof  the  word, 
fifteen,  and  by  striking  out  the  word  "fifty"  in  the  third  line 
and  inserting  in  place  thereof  the  word,  seventy-five,  so  that 
said  section  as  amended  shall  read  as  follows:  4.  Compen- 
sation. Each  member  of  said  board  shall  receive  fifteen  dollars 
a  day  for  services  rendered  and  his  actual  expenses.  The  board 
may  employ  clerical  assistance  at  a  cost  not  to  exceed  seventy- 
five  dollars  a  year.  If  the  amount  received  by  the  state  treas- 
urer is  not  sufficient  to  pay  for  both  services  and  expenses,  the 
governor  and  council  shall  allow  the  expenses  in  full  and  such 
part  of  the  amount  due  for  services  as  the  balance  permits. 

3.  Licenses.  Amend  section  11  of  chapter  255,  Revised 
Laws  (section  12,  chapter  332,  RSA)  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  11.  Temporary 
Eligibility  for  Examination  and  License.  Any  person  who  is  a 
graduate  of  a  veterinary  college  not  on  the  recognized  list,  as 
provided  in  section  9,  which  college  had  or  has  a  course  of 
study  of  not  less  than  four  school  years  of  not  less  than  six 
months  each  may  be  granted  a  temporary  internship  license 


1955]  Chapter  154  229 

for  a  period  of  five  years,  provided  said  person  is  employed  by 
and  practices  his  profession  under  the  supervision  of  a  duly 
licensed  veterinarian  practicing  in  the  state.  At  the  expiration 
of  said  five-year  period  said  person  holding  such  temporary 
license  shall  be  eligible  to  apply  for  and  to  take  the  exami- 
nation provided  in  section  9  provided  he  has  retained  his  resi- 
dence in  the  state  for  said  period  and  has  practiced  under  said 
temporary  license  under  the  supervision  of  a  duly  licensed 
veterinarian  practicing  in  the  state.  Upon  passing  said  ex- 
amination said  applicant  shall  be  granted  a  license  as  provided 
in  section  10.  Any  person  who  is  a  graduate  of  a  veterinary 
college  recognized  as  provided  for  in  section  9,  may  be  granted 
a  temporary  internship  license  without  examination  for  a 
period  not  to  exceed  two  years,  providing  said  person  is  em- 
ployed by  and  practices  his  profession  under  the  supervision  of 
a  duly  licensed  veterinarian  practicing  in  the  state.  Any  person 
who,  under  the  law  existing  prior  to  March  7,  1901,  was  en- 
titled to  practice  veterinary  medicine  in  the  state,  shall  upon 
application  to  the  board  of  veterinary  examiners  be  granted  a 
license  without  examination  and  shall  be  permitted  to  use  the 
title  "Licensed  Veterinarian." 

4.  Increase  in  Fees.  Amend  section  13  of  chapter  255, 
Revised  Laws  (section  14,  chapter  332,  RSA)  by  striking  out 
the  word  "ten"  in  the  second  line  and  inserting  in  place  there- 
of the  word,  fifteen,  and  by  striking  out  the  word  "two"  in  the 
fourth  line  and  inserting  in  place  thereof  the  word,  three,  so 
that  said  section  as  amended  shall  read  as  follows :  13.  Fees. 
A  person  applying  for  an  examination  shall,  at  the  time  of  his 
application,  pay  to  the  treasurer  of  said  board  fifteen  dollars.  A 
person  registered  under  this  chapter,  whether  a  graduate  or 
non-graduate,  shall  annually  pay  to  the  treasurer  of  said  board 
a  license  fee  of  three  dollars. 

5.  Takes  Effect.  This  act  shall  take  eff'ect  upon  its 
passage. 

[Approved  May  21,  1955.] 


230  Chapters  155,  156  [1955 

CHAPTER  155. 

AN  ACT  REQUIRING  CERTIFICATES  TO  BE  FILED  BY  SELECTMEN 

WITH  TAX  COMMISSION  TO  BE  USED  IN  DETERMINING 

AVERAGE  RATE  OF  TAXATION. 

Be  it  enacted  by  the  Senate  and  Hous^e  of  Represe7itatives  in 
General  Court  convened: 

1.  Selectmen.  Amend  section  19  of  chapter  59  of  the  Re- 
vised Laws  as  amended  by  section  1  of  chapter  37  of  the  Lavvs 
of  1951  (section  15,  chapter  41,  RSA)  by  striking  out  the  whole 
thereof  and  inserting  in  place  thereof  the  following:  19.  Re- 
port to  Tax  Commission.  The  selectmen  shall,  on  or  before 
October  first  in  each  year,  transmit  to  the  tax  commission  upon 
blanks  furnished  by  the  commission  for  the  purpose,  a  certifi- 
cate showing  the  number  of  polls  and  total  valuation  of  each 
class  of  property  included  in  the  inventory  of  polls  and 
ratable  estates  and  a  certificate  of  the  several  appropriations, 
estimated  revenues  and  the  total  amount  to  be  raised,  the 
amount  of  taxes  to  be  levied  and  the  rate  per  cent  of  taxation 
for  all  purposes  that  year.  Such  certificates  shall  be  used  by 
the  tax  commission  to  determine  the  average  rate  of  taxation 
throughout  the  state.  If  such  certificates  are  not  received  by 
October  first  by  the  tax  commission  it  may  use  such  informa- 
tion as  it  may  be  able  to  obtain  in  order  to  determine  the 
average  rate  of  taxation  throughout  the  state  for  that  year. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  21,  1955.] 


CHAPTER  156. 


AN  ACT  RELATIVE  TO  MILEAGE  ALLOWANCES  FOR  MEMBERS  OF  THE 
GENERAL  COURT  WHO  WORK  ON  NON-LEGISLATIVE  DAYS. 

Be  it  enacted  by  the  Senate  and  Hoiu^ie  of  Representatives  in 
General  Court  convened: 

1.  Members  of  the  General  Court.  Amend  chapter  9  of  the 
Revised  Laws  (chapter  14,  RSA)  by  inserting  after  section  16 
the  following  new  section :     16-a.     Special  Mileage  Allowances. 


1955]  Chapter  157  231 

Any  member  of  the  general  court  who  is  on  official  business  of 
the  legislature  in  Concord  on  days  other  than  when  the  legis- 
lature is  in  session,  duly  authorized  by  the  presiding  officer  of 
the  branch  of  which  he  is  a  member,  shall  be  allowed  the  same 
mileage  as  he  would  have  been  allowed  had  the  legislature  been 
in  session  on  said  day. 

2.     Takes  Effect.     This  act  shall  take  effect  as  of  January  5, 
1955. 
[Approved  May  21,  1955.] 


CHAPTER  157. 


AN    ACT   RELATING    TO    TAX   EXEMPTION    FOR   INSTITUTIONS, 
SOCIETIES     AND     CORPORATIONS     NOT     ORGANIZED,     IN- 
CORPORATED, CONDUCTED,  OR  OPERATED  PRINCIPALLY 
FOR    THE    BENEFIT    OF    NEW    HAMPSHIRE 
RESIDENTS. 

Be  it  enacted  by  the  Senate  and  Hous^e  of  Representatives  in 
General  Court  convened: 

1.  Institutional  Exemptions.  Amend  section  24,  chaptei* 
73  of  the  Revised  Laws,  as  amended  by  chapter  141  of  the 
Laws  of  1945  (section  23,  chapter  72,  RSA)  by  inserting  after 
the  word  "purposes,"  in  the  fifteenth  line  the  following  words, 
and  provided,  further,  no  such  institutions,  societies,  or  corpo- 
rations, other  than  those  devoted  to  educational  or  religious 
purposes  and  those  hereinabove  specifically  named,  shall  be  en- 
titled to  such  tax  exemption  if  organized  or  incorporated  for 
the  principal  purpose  of  benefiting  persons  who  are  not 
residents  of  New  Hampshire  or  if  in  fact  conducted  or  operated 
principally  for  the  benefit  of  persons  who  are  not  residents  of 
New  Hampshire,  so  that  said  section  as  amended  shall  read  as 
follows:  24.  Institutional  Exemptions.  The  personal  prop- 
erty of  institutions  devoted  to  educational  purposes,  charitable 
and  religious  societies,  and  of  temperance  societies,  incorpo- 
rated or  organized  within  this  state,  and  the  real  estate  owned 
and  occupied  by  them,  their  officers,  or  their  students  for  the 
purposes  for  which  they  are  established,  parsonages  occupied 
by  pastors  of  churches,  and  personal  property  owned  and  real 


232  Chapter  158  [1955 

estate  owned  and  occupied  by  the  Grand  Army  of  the  Republic, 
The  United  Spanish  War  Veterans,  Veterans  of  Foreign  Wars, 
the  American  Legion,  the  Disabled  American  Veterans,  or  the 
American  National  Red  Cross,  shall  be  exempt  from  taxation, 
provided  none  of  the  income  or  profits  of  the  business  of  such 
corporations  or  institutions  is  divided  among  the  stockholders 
or  members,  or  is  used  or  appropriated  for  other  than  edu- 
cational, charitable  or  religious  purposes,  and  provided, 
further,  no  such  institutions,  societies,  or  corporations,  other 
than  those  devoted  to  educational  or  religious  purposes  and 
those  hereinabove  specifically  named,  shall  be  entitled  to  such 
tax  exemption  if  organized  or  incorporated  for  the  principal 
purpose  of  benefiting  persons  who  are  not  residents  of  New 
Hampshire  or  if  in  fact  conducted  or  operated  principally  for 
the  benefit  of  persons  who  are  not  residents  of  New  Hamp- 
shire. No  institution  shall  be  deemed  an  educational  institu- 
tion for  the  purpose  hereof  unless  it  conducts  regular  courses 
of  instruction,  under  a  curriculum  approved  by  the  state  board 
of  education,  for  at  least  six  months  of  each  calendar  year ;  and 
no  institution,  except  it  be  a  regularly  recognized  and  consti- 
tuted denomination,  sect,  or  creed,  shall  be  deemed  a  religious 
institution  for  the  purpose  hereof,  unless  it  conducts  religious 
services  in  this  state  for  at  least  six  months  of  each  calendar 
year.  This  limitation,  however,  does  not  apply  to  property  of 
any  institution  or  organization  exempted  from  taxation  by 
special  act  of  the  legislature. 

2.     Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  21,  1955.] 


CHAPTER  158. 

AN  ACT  RELATING  TO  ABANDONED  ICEBOXES. 

Be  it  enacted  by  the  Sen-ate  and  Hous^e  of  Representatives  in 
General  Court  convened: 

1.  Nuisance.  Amend  chapter  165  of  the  Revised  Laws 
(chapter  147,  RSA)  by  inserting  after  section  36  as  inserted 
by  chapter  297,  Laws  of  1949,  the  following  new  section :     37. 


1955]  Chapter  159  233 

Negligence.  Any  person,  having  been  the  owner  of  a  container 
originally  used  for  refrigeration  purposes,  who  fails  to  remove 
the  door  or  lid  from  said  container  before  discarding  it,  upon 
conviction  thereof,  shall  be  punished  by  a  fine  of  not  more  than 
fifty  dollars,  or  imprisoned  not  more  than  thirty  days,  or  both. 

2.     Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  21,  1955.] 


CHAPTER  159. 


AN  ACT  RELATING  TO  REGISTRATION  OF  MOTOR  BOATS  AND 
OUTBOARD  MOTORS. 

Be  it  enacted  by  the  Senate  and  Hous\e  of  Representatives  in 
General  Court  convened: 

1.  Motor  Boats  and  Outboard  Motors.  Amend  section  15 
of  chapter  181  of  the  Revised  Laws  (section  17,  chapter  270, 
RSA)  by  striking  out  said  section  and  inserting  in  place  there- 
of the  following:  15.  Transfer  of  Registration.  Upon  the 
transfer  of  ownership  of  any  boat  or  outboard  motor,  its 
registration  shall  expire  and  the  person  in  whose  name  such 
boat  or  outboard  motor  is  registered  shall  return  the  certificate 
of  registration  forthwith  to  the  commission  with  a  written 
notice  containing  the  date  of  such  transfer  of  ownership  and 
the  name  and  address  of  the  new  owner,  or,  in  case  of  loss  by 
theft,  accident  or  fire,  a  sworn  statement  setting  forth  the 
circumstances  attending  such  loss.  A  person  who  so  transfers 
or  loses  a  registered  boat  or  outboard  motor,  upon  filing  a  new 
application,  may  have  registered  in  his  name  another  boat  or 
outboard  motor  for  the  remainder  of  the  calendar  year.  A  fee 
of  one  dollar  shall  be  paid  to  the  commission  for  such  trans- 
fer. The  commission,  at  its  discretion,  may  assign  to  the  boat 
or  outboard  motor  of  any  person  who  surrenders  his  registra- 
tion certificate,  as  herein  provided,  and  who  desires  to  register 
another  boat  or  outboard  motor,  the  registration  number  in  the 
surrendered  certificate  a  new  number,  or  the  number  given  in 
the  statement  as  herein  provided  for  in  the  case  of  loss. 

2.  Violation  of  Chapter.     Amend  section  16  of  chapter  181 


234  Chapter  160  [1955 

of  the  Revised  Laws  (section  18,  chapter  270,  RSA)  by  insert- 
ing after  the  word  "violate"  in  the  second  line  the  words,  any 
provision  of  this  chapter,  or,  so  that  said  section  as  amended 
shall  read  as  follows:  16.  Penalty.  If  any  person  shall 
operate  any  boat  required  to  be  registered  hereunder  without 
registration,  or  shall  violate  any  provision  of  this  chapter,  or 
any  rule  or  regulation  prescribed  by  the  commission  relating  to 
the  equipment  or  operation  of  such  boats,  or  shall  refuse  or  fail 
when  requested  to  exhibit  to  any  duly  authorized  representa- 
tive of  the  commission  the  certificate  of  registration  of  such 
boat,  he,  and  the  owner  of  said  boat  if  the  same  is  operated 
with  his  permission  or  assent,  shall  be  fined  not  more  than  one 
hundred  dollars,  or  imprisoned  not  more  than  one  year,  or  both. 

3.     Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  21,  1955.] 


CHAPTER  160. 


AN  ACT  PROVIDING  THAT  CHARITABLE  CORPORATIONS  MAY 
ESTABLISH  COMMON  TRUST  FUNDS. 

Be  it  enacted  by  the  Senate  and  Hoiise  of  Representatives  in 
General  Coiirt  convened: 

1.  Common  Trust  Funds.  Amend  chapter  272  of  the  Re- 
vised Laws  (chapter  292,  RSA)  by  inserting  after  section  16, 
as  inserted  by  chapter  88,  Laws  of  1955,  the  following  new  sub- 
division : 

Common  Trust  Funds 
17.  Charitable  Corporations.  Any  charitable  corpora- 
tion organized  under  an  act  of  the  legislature  or  under  general 
state  laws  is  empowered  through  its  trustees  or  directors  to 
establish,  maintain  and  operate  common  trust  funds  as  pro- 
vided herewith  under  the  appropriate  standard  of  investment 
applicable  to  it.  18.  Collective  Investments.  Said  charitable 
corporation  may  combine  money  and  property  belonging  to 
various  trusts  in  its  care  for  the  purpose  of  facilitating  invest- 
ments, providing  diversification  and  obtaining  a  reasonable  in- 
come; provided,  however,  that  the  participating  contributory 


1955]  Chapter  161  235 

interest  of  said  trusts  shall  be  properly  evidenced  by  appro- 
priate bookkeeping  entries  showing  on  an  annual  basis  the 
capital  contribution  of  and  the  profit  and  income  allocable  to 
each  trust;  and  provided,  further,  that  not  more  than  ten  per 
cent  of  the  fund  shall  be  invested  in  the  obligations  of  any  one 
corporation  or  organization,  excepting  deposits  in  savings 
banks,  obligations  of  the  United  States  and  of  the  state  of  New 
Hampshire  and  its  subdivisions;  and  provided,  further,  that 
nothing  herein  shall  be  construed  to  authorize  the  investment 
of  funds  of  a  trust  in  any  manner  not  authorized  by  law.  19. 
Contributions  and  Withdrawals.  Contributions  to  any  com- 
mon trust  fund  shall  be  made  on  the  basis  of  its  market  value 
at  the  time  such  contribution  is  recorded  in  the  books  of  the 
trustees.  The  withdrawal  of  a  particular  trust  fund  from  any 
common  trust  fund  shall  be  made  proportionately  on  the  basis 
of  the  market  value  of  said  common  trust  fund  at  the  time  such 
withdrawal  is  recorded  in  the  books  of  the  trustees.  20. 
Exception.  The  provisions  of  section  18  shall  not  apply  where 
the  instrument  creating  the  particular  trust  specifically  pro- 
hibits collective  investment  or  where  such  an  investment  shall 
violate  any  specific  court  order  made  in  any  particular  trust. 

2.     Takes  Effect.     This  act  shall  take  eff'ect  as  of  January  1, 
1956. 
[Approved  May  21,  1955.] 


CHAPTER  161. 


AN   ACT  RELATING  TO  SCHOOL  SUPERINTENDENTS  IN  THE   STATE 
EMPLOYEES  RETIREMENT  SYSTEM. 

Whereas  prior  service  credit  for  teachers  retirement  was 
granted  to  teachers  by  chapter  126,  Laws  of  1945,  effective  as 
of  December  31,  1944  ;  and 

Whereas  teachers  of  the  public  schools  and  approved  public 
academies  who  were  members  of  the  teachers  retirement 
system  and  transferred  to  the  state  service  after  the  passage 
of  chapter  104,  Laws  of  1947,  were  permitted  thereby  to  trans- 
fer said  prior  service  credit  to  the  state  retirement  system 
effective  from  July  1,  1945 ;  and 


236  Chapter  161  [1955 

Whereas  a  substantial  number  of  teachers  with  many  years 
of  prior  service  in  the  pubhc  schools  and  approved  public 
academies  transferred  to  state  service  by  becoming  school 
superintendents  prior  to  Decomber  31,  1944  or  July  1,  1945 
and  were  no  longer  eligible  to  belong  to  the  teachers  retirement 
system;  and 

Whereas  when  such  school  superintendents  joined  the  state 
employees  retirement  system  upon  its  establishment  by  chap- 
ter 183,  Laws  of  1945,  they  received  no  prior  teaching  service 
credit  and  thus  received  unequal  treatment  as  compared  with 
teachers  who  have  been  promoted  to  the  position  of  superin- 
tendent since  the  passage  of  chapter  126,  Laws  of  1945  and 
chapter  104,  Laws  of  1947 ;  and 

Whereas  it  is  desired  to  remove  this  inequality,  now  there- 
fore. 

Be  it  enacted  by  the  Senate  and  Hotts^e  of  Representatives  in 
General  Court  convened: 

1.  Prior  Service  Credit.  All  school  superintendents  who 
were  in  the  state  service  in  such  capacity  on  or  before  July  1, 
1945,  and  who  became  and  have  been  continuously  members  of 
the  state  employees  retirement  system  to  date  but  have  here- 
tofore been  denied  prior  service  credit  for  prior  teaching 
service  in  the  public  schools  or  approved  public  academies  are 
hereby  granted  such  prior  service  credit  in  the  New  Hamp- 
shire Teachers  Retirement  System  as  established  by  chapter 
136-B,  Revised  Laws,  Upon  application  by  each  such  superin- 
tendent, such  prior  service  credit  as  a  teacher  shall  be  com- 
puted by  the  board  of  trustees  of  said  teachers  retirement 
system  as  provided  in  section  4  of  said  chapter  136-B,  and  a 
prior  service  certificate  shall  be  issued  certifying  to  each  such 
superintendent  the  length  of  creditable  service  rendered  by  him 
as  a  teacher  prior  to  his  appointment  as  a  superintendent. 

2.  Transfer  of  Prior  Service  Credit.  Upon  such  certifica- 
tion and  the  filing  of  such  certificate  with  the  board  of  trustees 
of  the  state  employees  retirement  system,  the  prior  teaching 
service  credit  of  each  such  superintendent  shall  thereupon  be 
transferred  to  his  credit  in  the  state  employees  retirement 
system  in  the  same  manner  as  provided  in  sections  3,  4  and  6, 
chapter  104,  Laws  of  1947. 


1955]  Chapter  162  237 

3.  Regulations.  The  board  of  trustees  of  the  state  em- 
ployees reth'ement  system  may  make  reasonable  rules  and 
regulations  to  ensure  equal  treatment  of  school  superintend- 
ents hereunder  and  to  carry  out  the  purposes  of  this  act. 

4.  Funding  of  Prior  Service  Credit.  The  additional  liability 
of  the  state  caused  by  granting  such  prior  service  credit  shall 
be  wholly  funded  in  the  state  employees  retirement  system, 
over  the  period  of  years  during  which  the  regular  accrued 
liability  contributions  for  prior  service  credit  of  all  state  em- 
ployees are  payable,  by  making  such  adjustment  in  the  annual 
accrued  liability  contribution  rate  as  may  be  actuarially  neces- 
sary to  accomplish  this  result. 

5.  Takes  Effect.     This  act  shall  take  effect  July  1,  1955. 
[Approved  May  23,  1955.] 


CHAPTER  162. 

AN  ACT  RELATING  TO  ABATEMENT  PROCEDURES. 

Be  it  enacted  by  the  Senate  and  Hou^e  of  Representatives  in 
General  Court  convened: 

1.  Taxes.  Amend  chapter  77  of  the  Revised  Laws  (chap- 
ter 76,  RSA)  by  inserting  after  section  13  the  following  new 
section:  13-a.  By  Tax  Commission.  If  the  selectmen 
neglect  or  refuse  so  to  abate,  any  person  aggrieved,  having 
complied  with  the  requirements  of  chapter  75  maj^  within  six 
months  after  notice  of  such  tax,  and  not  afterwards,  apply  in 
writing  to  the  state  tax  commission  which  after  due  inquiry 
and  investigation  shall  make  such  order  thereon  as  justice  re- 
quires. 

2.  Abatement.  Amend  section  14  of  chapter  77  of  the  Re- 
vised Laws  (section  17,  chapter  76,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  14.  By 
Court.  If  the  selectmen  neglect  or  refuse  so  to  abate,  any  per- 
son aggrieved,  having  complied  with  the  requirements  of 
chapter  75,  may,  within  six  months  after  notice  of  the  tax,  or 
having  first  applied  to  the  tax  commission,  within  three 
months  after  notice  in  writing  of  the  decision  of  the  tax  com- 


238  Chapter  163  [1955 

mission,  apply  by  petition  to  the  superior  court  in  the  county, 
which  shall  make  such  order  thereon  as  justice  requires. 

3.     Takes   Effect.       This    act   shall    take    effect    upon   its 
passage. 

[Approved  May  26,  1955.] 


CHAPTER  163. 


AN  ACT  RELATIVE  TO  THE  CARE  AND  TREATMENT  OF 
SEXUAL  PSYCHOPATHS. 

Be  it  enacted  hy  the  Senate  and  Hou^e  of  Representatives  in 
Gene7ul  Court  convened: 

1.  Transfer  of  Custody.  Amend  chapter  314  of  the  Laws 
of  1949  (chapter  173,  RSA)  by  inserting  after  section  11  there- 
of the  following   new   section:     11-a.     Transfer  of  Custody. 

Whenever,  upon  the  advice  of  the  superintendent,  the  commis- 
sion of  mental  health  determines  that  a  sexual  psychopath, 
who  has  been  committed  to  them  and  been  detained  by  them 
for  two  years  or  more,  has  received  the  maximum  benefit  from 
the  psychiatric  program,  and  yet  whose  condition  does  not 
warrant  favorable  consideration  for  parole  or  discharge,  and 
when  the  commission  determines  that  the  facilities  at  the  state 
hospital  are  being  utilized  by  thirty  or  more  sexual  psycho- 
paths, then  the  commission  shall  advise  the  committing  court 
of  these  facts,  together  with  a  petition  that  the  individual  be 
transferred  to  the  custody  of  the  state  prison,  there  to  be  con- 
fined until  further  order  of  the  court.  Any  person  so  committed 
shall  be  segregated  from  the  remaining  prison  population  in- 
sofar as  is  feasible  and  practical.  The  commission  shall  retain 
responsibility  for  psychiatric  supervision  of  the  sexual  psycho- 
path so  transferred,  and  shall  provide  for  such  psychiatric  ex- 
aminations as  may  be  indicated,  and  shall  continue  to  submit 
an  annual  report  to  the  court  by  which  he  was  committed,  as 
provided  in  Section  7  of  this  act. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  26,  1955.] 


1955]  Chapter  164  239 

CHAPTER  164. 

AN  ACT  RELATIVE  TO  REQUIREMENT  OF  FINANCIAL  RESPONSI- 
BILITY AFTER  JUDGMENT  OF  COURT. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
General  Court  convened:  ' 

1.  Motor  Vehicle,  Financial  Responsibility.  Amend  sec- 
tion 8  of  chapter  122  of  the  Revised  Laws  (section  8,  chapter 
268,  RSA)  by  inserting  after  the  word  "accident"  in  the  sixth 
Hne  thereof  the  following,  except  that  any  such  determination 
of  satisfaction  may  be  reversed  by  the  commissioner  should 
any  court  subsequently  render  judgment  based  upon  said 
accident  against  said  operator  or  owner  or  both,  in  which  event 
the  commissioner  may  forthwith  suspend  the  license  and 
registration  certificate  in  accordance  with  the  provisions  ot 
section  5,  so  that  said  section  as  amended  shall  read  as  follows : 
8.  Limitations.  The  provisions  of  section  5  shall  not  apply: 
(a)  to  the  owner  of  a  motor  vehicle,  trailer,  or  semi-trailer 
operated  by  one  having  obtained  possession  or  control  thereof 
without  his  express  or  implied  consent ;  (b)  to  either  the  owner 
or  operator  of  a  motor  vehicle,  trailer,  or  semi-trailer  involved 
in  an  accident  when  the  commissioner  shall  be  satisfied  that 
neither  caused  nor  contributed  to  cause  the  accident,  except 
that  any  such  determination  of  satisfaction  may  be  reversed 
by  the  commissioner  should  any  court  subsequently  render 
judgment  based  upon  said  accident  against  said  operator  or 
owner  or  both,  in  which  event  the  commissioner  m.ay  forthwith 
suspend  the  license  and  registration  certificate  in  accordance 
with  the  provisions  of  section  5;  (c)  to  either  the  owner  or 
operator  of  a  motor  vehicle,  trailer,  or  semi-trailer  involved  in 
an  accident  that  was  caused  by  the  criminal  act  of  a  third 
party,  for  which  criminal  act  such  other  party  has  been  con- 
victed; (d)  to  either  the  owner  or  operator  of  a  motor  vehicle, 
trailer,  or  semi-trailer  involved  in  an  accident  wherein  no 
damage  or  injury  was  caused  to  other  than  the  person  or  prop- 
erty of  such  owner  or  operator. 

2.  Motor  Vehicle  Financial  Responsibility.  Amend  section 
6  of  chapter  76  of  the  Laws  of  1955  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following :     6.     Takes  Effect. 

The  provisions  of  sections  1,  2  and  3  of  this  act  shall  take  effect 


240  Chapter  165  [1955 

as  of  October  15,  1955.  The  remaining  provisions  of  this  act 
shall  take  effect  upon  its  passage. 

3.     Takes   Effect.       This    act   shall    take    effect   upon   its 
passage. 
[Approved  May  26,  1955.] 


CHAPTER  165. 

AN  ACT  RELATIVE  TO  THE  POSTING  OF  LAND. 

Be  it  enacted  by  the  Setmie  and  House  of  Representatives  in 
General  Court  convened: 

1.  Trespass.  Amend  section  14-d  of  chapter  442  of  the 
Revised  Laws  as  inserted  by  section  2  of  chapter  171,  Laws  of 
1951  (section  18,  chapter  572,  RSA)  by  adding  at  the  end  of 
said  section  the  following;  nor  shall  the  provisions  of  this 
section  apply  to  any  person  who  posts  his  land  for  the  pro- 
tection of  his  crops  only  during  the  closed  season  for  the  type 
of  game  birds  or  animals  from  which  he  seeks  to  collect 
damages,  so  that  said  section  as  amended  shall  read  as  follows : 
14-d.  Limitation.  Any  person  who  posts  his  land  in  con- 
formity with  the  provisions  of  sections  14-a  and  14-b  shall  for- 
feit his  right  to  collect  damages  from  game  or  game  birds  as 
provided  in  sections  20  and  21  of  chapter  241  of  the  Revised 
Laws,  as  amended,  except  that  this  provision  shall  not  apply 
to  any  person  who  posts  only  his  land  lying  within  two  hun- 
dred yards  of  his  dwelling  or  other  farm  or  out  building  con- 
tiguous to  his  dwelling  and  used  regularly  by  him,  his  family 
or  tenant ;  nor  shall  the  provisions  of  this  section  apply  to  any 
person  who  posts  his  land  for  the  protection  of  his  crops  only 
during  the  closed  season  for  the  type  of  game  birds  or  animals 
from  which  he  seeks  to  collect  damages. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  26,  1955.] 


1955]  Chapter  166  241 

CHAPTER  166. 

AN  ACT  RELATIVE  TO  PAYMENT  OF  TUITION  OF  HIGH 
SCHOOL  PUPILS. 

Be  it  enacted  by  the  Senate  and  Hou»e  of  Representatives  in 
General  Court  convened: 

1.  High  Schools.  Amend  section  26  of  chapter  138  of  the 
Revised  Laws,  as  amended  by  section  2,  chapter  139,  Laws  of 
1949  (section  27  of  chapter  194,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  26. 
Tuition.  Any  district  not  maintaining  a  high  school  or  school 
of  corresponding  grade  shall  pay  for  the  tuition  of  any  pupil 
who  with  parents  or  guardian  resides  in  said  district  or  who, 
as  a  resident  of  said  district,  after  full  investigation  by  the 
state  board  of  education  is  determined  to  be  entitled  to  have 
his  tuition  paid  by  the  district  where  he  resides,  and  who 
attends  an  approved  public  high  school  or  public  school  of 
corresponding  grade  in  another  district  or  an  approved  public 
academy.  Except  under  contract  as  provided  in  section  21,  the 
liability  of  any  school  district  hereunder  for  the  tuition  of  any 
pupil  shall  be  limited  to  the  state  average  cost  per  pupil  of  the 
current  expenses  of  operation  of  all  public  high  schools,  as 
estimated  by  the  state  board  of  education  for  the  preceding 
school  year,  or  the  current  expenses  of  operation  of  the  re- 
ceiving district  for  its  high  school,  as  estimated  by  the  state 
board  of  education  for  the  preceding  school  year,  whichever  is 
less.  This  current  expense  of  operation  shall  include  all  costs 
except  capital  outlay  and  debt  obligations,  provided  that  to 
the  above  may  be  added  a  rental  charge  of  two  per  cent  of  the 
capital  cost  of  such  secondary  school  facilities  as  may  be  de- 
fined by  the  state  board  of  education. 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1956. 

[Approved  May  26,  1955.] 


242  Chapters  167,  168  [1955 

CHAPTER  167. 

AN    ACT  RELATIVE   TO    ASSESSMENT   OF   DAMAGES   AND   BASIS   OF 

LIABILITY  FOR  CHANGE  OF  GRADE  IN  CONSTRUCTION  OR 

MAINTENANCE  OF  HIGHWAYS  IN  TOWNS. 

Be  it  enacted  by  the  Senate  and  House  of  Reiwcsentatives  in 
General  Court  convened: 

1.  Town  Highways.  Amend  section  22,  part  16,  chapter  90, 
Revised  Laws  as  inserted  by  chapter  188,  Laws  of  1945  (sec- 
tion 23,  chapter  245,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  22.  Payment  and 
Basis  of  Liability  Defined.  Damages  assessed  for  change  of 
grade  under  the  provisions  of  this  part  shall  be  paid  by  the 
town  in  which  the  change  of  grade  is  made ;  provided,  however, 
that  no  highway  shall  be  deemed  to  have  been  repaired  by  the 
authority  of  the  town  unless  the  town  participated  directly  in 
the  repair  of  the  said  highway  other  than  financially,  or  unless 
the  town  in  some  manner  exercised  control  over  the  manner  in 
which  the  highway  construction  or  maintenance  was  per- 
formed, or  unless  town  employees,  as  defined  in  section  2,  part 
15,  chapter  90,  Revised  Laws,  as  inserted  by  chapter  188, 
Laws  of  1945,  were  employed  in  the  said  construction  or 
maintenance  work  involved  in  the  repair  of  construction  of 
said  highway. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  26,  1955.] 


CHAPTER  168. 


AN    ACT    PROVIDING    FOR    THE    CLASSIFICATION    OF    CERTAIN 
SURFACE  WATERS  IN  CHESHIRE  COUNTY. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Classification.  On  and  after  the  effective  date  of  this 
act  the  following  surface  waters  shall  be  classified  in  accord- 
ance with  the  provisions  of  chapter  166-A  of  the  Revised  Laws 
as  inserted  by  chapter  183,  Laws  of  1947  and  amended  by  chap- 
ter 1,  Laws  of  1950  (chapter  149,  RSA)  as  follows: 


1955]  Chapter  169  243 

I.  The  unnamed  water  supply  stream  for  Cheshire  county 
farm  and  its  tributaries,  in  the  town  of  Westmoreland,  from 
their  sources  to  the  reservoir  dam  outlet.  Class  A. 

II.  The  unnamed  water  supply  stream  for  Cheshire 
county  farm  and  its  tributaries,  in  the  town  of  Westmoreland, 
from  the  reservoir  dam  outlet  to  the  Connecticut  River, 
Class  B-1. 

III.  The  unnamed  stream  and  its  tributaries  which  are 
located  between  the  watershed  of  the  Cheshire  county  farm 
water  supply  stream  and  the  Partridge  Brook  watershed,  in 
the  town  of  Westmoreland,  from  their  sources  to  the  Con- 
necticut River,  Class  B-1. 

IV.  Partridge  Brook  and  all  its  tributaries,  in  the  towns 
of  Chesterfield  and  Westmoreland  and  the  city  of  Keene,  from 
their  sources  to  the  upstream  side  of  the  South  Village  Road 
highway  bridge,  Class  B-1. 

V.  Partridge  Brook  and  all  its  tributaries,  in  the  town 
of  Westmoreland,  from  the  upstream  side  of  the  South  Village 
Road  highway  bridge  to  confluence  with  the  Connecticut  River, 
Class  C. 

VI.  All  other  surface  waters  of  the  Partridge  Brook 
watershed  hitherto  unclassified  and  which  have  not  been  men- 
tioned in  paragraphs  I  thru  V,  Class  B-1. 

"  2.     Takes  Effect.     This  act  shall  take  effect  July  1,  1955. 
[Approved  May  26,  1955.] 


CHAPTER  169. 

AN  ACT  RELATIVE  TO  THE  POWERS  OF  THE  BOARD  OF 
MEDICAL  EXAMINERS. 

Be  it  enacted  hy  the  Senate  and  Hous'e  of  Representatives  in 
General  Court  convened: 

1.  Hearings.  Amend  chapter  250  of  the  Revised  Laws  by 
inserting  after  section  7-a,  as  inserted  by  section  4  of  chapter 
27  of  the  Laws  of  1951  (section  9,  chapter  329,  RSA)  the 
following  new  sections:  7-b.  Summons;  Oath.  The  board 
shall  have  the  power  to  subpoena  witnesses  and  administer 
oaths  in  any  hearing  with  respect  to  suspension  and  revocation 


244  Chapters  170,  171  [1955 

of  licenses,  and  to  compel,  by  subpoena  duces  tecum,  the  pro- 
duction of  papers  and  records.  7-c.  Witnesses.  Witnesses 
summoned  before  the  board  shall  be  paid  the  same  fees  as 
witnesses  summoned  to  appear  before  the  superior  court,  and 
such  summons  issued  by  any  justice  of  the  peace  shall  have 
the  same  effect  as  though  issued  for  appearance  before  such 
court. 

2.     Takes    Effect.      This   act    shall    take    effect   upon    its 
passag"e. 
[Approved  May  26,  1955.] 


CHAPTER  170. 


AN  ACT  PROVIDING  PENALTIES  FOR  THROWING  REFUSE  ON  PUBLIC 
WATERS  AND  LANDS  BORDERING  THE  SAME. 

Be  it  enacted  by  the  Senate  and  Hous^e  of  Representatives  in 
General  Court  convened: 

1.  Public  Waters.  Amend  chapter  247  of  the  Revised  Laws 
(chapter  214,  RSA)  by  inserting-  after  section  10  the  following 
new  section:  10-a.  Penalty.  Any  person  who  shall  violate 
any  of  the  provisions  of  section  22  of  chapter  90  of  the  Revised 
Laws,  relative  to  the  placing  or  throwing  refuse  or  rubbish 
into  any  public  waters  or  the  approaches  thereto  or  land 
bordering  the  same  may  in  addition  to  the  penalty  provided  in 
said  section,  lose  his  fishing  or  hunting  license  for  the  current 
year. 

2.  Takes  Effect,  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  1,  1955.] 


CHAPTER  171. 


AN  ACT  RELATIVE  TO  FEES  FOR  BUSINESS,  VOLUNTARY  AND 
FOREIGN  CORPORATIONS. 

Be  it  enacted  by  the  Senate  and  Hous^e  of  Representatives  in 
General  Court  convened.: 

1.     Business  Corporations.     Amend  section  107  of  chapter 


1955]  Chapter  171  245 

274  of  the  Revised  Laws  as  amended  by  section  6  of  chapter 
265  of  the  Laws  of  1949  (section  105,  chapter  294,  RSA)  by 
striking  out  the  word  "ten"  in  the  last  line  of  said  section  and 
inserting  in  place  thereof  the  word,  fifteen,  so  that  said  section 
as  amended  shall  read  as  follows:  107.  Filing  Fee.  Every 
corporation  shall  pay  to  the  secretary  of  state,  with  such 
annual  return,  a  filing  fee  of  fifteen  dollars. 

2.  Fees.  Amend  section  109,  chapter  274,  Revised  Laws, 
as  amended  by  section  7,  chapter  265,  Laws  of  1949  (section 
110,  chapter  294,  RSA)  by  striking  out  the  word  "ten"  and  in- 
serting in  place  thereof  the  word,  fifteen,  so  that  said  section 
as  amended  shall  read  as  follows :  109.  Subsequent  Returns. 
It  shall  be  the  duty  of  the  corporation  to  make  or  cause  to  be 
made  its  annual  return  and  payment  of  return  fee  on  or  be- 
fore April  first ;  and,  if  it  fails  so  to  do,  it  shall  be  required  to 
pay  an  additional  fee  of  fifteen  dollars,  as  well  as  to  make  the 
annual  return. 

3.  Filing.  Amend  section  112  of  chapter  274  of  the  Revised 
Laws,  as  amended  by  section  3  of  chapter  265  of  the  Laws  of 
1949  (section  113,  chapter  294,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  112. 
Record  of  Organization.  The  fee  for  recording  the  record  of 
organization  required  by  section  15,  including  the  issuing  by 
the  secretary  of  state  of  the  certificate  of  incorporation, 
shall  be: 

L  When  the  authorized  capital  stock  does  not  exceed  ten 
thousand  dollars,  twenty  dollars. 

II.  When  the  authorized  capital  stock  exceeds  ten  thou- 
sand dollars  but  does  not  exceed  twenty  thousand  dollars, 
thirty  dollars. 

III.  When  the  authorized  capital  stock  exceeds  twenty 
thousand  dollars  but  does  not  exceed  thirty  thousand  dollars, 
forty  dollars. 

IV.  When  the  authorized  capital  stock  exceeds  thirty 
thousand  dollars  but  does  not  exceed  fifty  thousand  dollars, 
fifty  dollars. 

V.  When  the  authorized  capital  stock  exceeds  fifty  thou- 
sand dollars  but  does  not  exceed  one  hundred  fifty  thousand 
dollars,  one  hundred  fifty  dollars. 


246  Chapter  171  [1955 

VI.  When  the  authorized  capital  stock  exceeds  one  hun- 
dred fifty  thousand  dollars  but  does  not  exceed  two  hundred 
fifty  thousand  dollars,  two  hundred  dollars. 

VII.  When  the  authorized  capital  stock  exceeds  two  hun- 
dred fifty  thousand  dollars  but  does  not  exceed  five  hundred 
thousand  dollars,  four  hundred  dollars. 

VIII.  When  the  authorized  capital  stock  exceeds  five 
hundred  thousand  dollars  but  does  not  exceed  one  million 
dollars,  seven  hundred  fifty  dollars. 

IX.  For  each  additional  one  hundred  thousand  dollars 
above  one  million  dollars,  fifty  dollars. 

4.  Increase.  Amend  section  113  of  chapter  274  of  the  Re- 
vised Laws,  as  amended  by  section  4,  chapter  265,  Laws  of 
1949  and  section  5,  chapter  143,  Laws  of  1953  (section  114, 
chapter  294,  RSA)  by  striking  out  the  word  "ten"  in  the  last 
line  and  inserting  in  place  thereof  the  word,  fifteen,  so  that 
said  section  as  amended  shall  read  as  follows:  113.  Amend- 
ments. The  fee  for  recording  any  record  of  amendment  re- 
quired by  section  12  or  section  45  which  embodies  an  increase 
in  the  authorized  capital  stock,  shall  be  such  sum  as,  when 
added  to  the  fees  paid  at  the  time  of  the  original  authorization 
and  prior  increase,  if  any,  will  make  the  total  fees  accord  with 
the  foregoing  schedule;  provided,  however,  that  the  minimum 
fee  shall  be  fifteen  dollars. 

5.  Change  of  Amount.  Amend  section  114  of  chapter  274 
of  the  Revised  Laws,  as  amended  by  section  6,  chapter  143, 
Laws  of  1953  (section  115,  chapter  294,  RSA)  by  striking  out 
the  word  "ten"  and  inserting  in  place  thereof  the  word,  fifteen, 
so  that  said  section  as  amended  shall  read  as  follows :  114. 
Certificates.  The  fee  for  recording  any  certificates  required 
by  section  35  or  any  record  of  amendment  required  by  section 
12  or  section  45  which  does  not  embody  an  increase  in  the 
authorized  capital  stock  shall  be  fifteen  dollars. 

6.  Franchise  Fees.  Amend  section  116  of  chapter  274  of 
the  Revised  Laws  as  amended  by  section  5  of  chapter  265  of 
the  Laws  of  1949  (section  117,  chapter  294,  RSA)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
116.  Annual  Fee.  For  the  privilege  of  continuing  its  corpo- 
rate franchise,  every  such  corporation  shall  pay  annually  to 
the  secretary  of  state,  at  the  time  of  making  its  annual  return, 


1955]  Chapter  171  247 

a  fee  equal  to  one  fourth  the  amount  paid  upon  fiHng  its 
original  record  of  organization  plus  one  fourth  of  additional 
payments  for  increases  in  its  authorized  capital  stock,  if  any; 
in  case  the  authorized  capital  stock  is  reduced,  the  annual  re- 
turn fee  shall  be  one  fourth  the  amount  required  for  the 
original  fee  of  a  corporation  capitalized  at  the  amount  as  re- 
duced. In  no  case,  however,  shall  such  annual  fee  be  more 
than  five  hundred  dollars  or  less  than  fifteen  dollars  and  it 
shall  not  be  required  of  any  such  corporation  which  on  March 
first  of  any  year  shall  not  have  been  incorporated  more  than 
six  months. 

7.  Voluntary  Corporations.  Amend  section  4-a  of  chapter 
272  of  the  Revised  Laws  as  inserted  by  section  1,  chapter  265, 
Laws  of  1949  (section  5,  chapter  292,  RSA)  by  striking  out 
the  word  "five"  in  the  third  and  sixth  lines  of  said  section  and 
inserting  in  place  thereof  the  word,  ten,  so  that  said  section  as 
amended  shall  read  as  follows:  4-a.  Fees.  The  fee  for 
recording  the  articles  of  agreement  in  the  office  of  the  secre- 
tary of  state  as  required  in  section  4  shall  be  ten  dollars.  The 
fee  for  recording  any  record  of  amendment  in  the  ofl^ice  of  the 
secretary  of  state  as  required  in  section  6  shall  be  ten  dollars. 

8.  Voluntary  Corporations.  Amend  chapter  272  of  the  Re- 
vised Laws  as  amended  by  section  1,  chapter  265,  Laws  of 
1949  (chapter  292,  RSA)  by  inserting  after  section  4-a  the 
following  new  section.  4-b.  Returns,  Filing  Fee,  Penalty. 
Every  corporation  organized  under  this  chapter  shall  annually, 
on  or  before  July  first,  make  a  return  in  writing  to  the  secre- 
tary of  state  upon  blanks  to  be  furnished  by  him  upon  request. 
The  returns  shall  be  signed  by  and  under  the  oath  of  the  presi- 
dent and  secretary  or  officers  corresponding  to  president  and 
treasurer  of  said  corporations,  and  shall  state  its  principal 
address  and  the  names  and  addresses  of  all  the  officers  and 
directors  or  governing  board  of  the  corporation.  Every  such 
corporation  shall  pay  to  the  secretary  of  state  with  such  annual 
return  a  filing  fee  of  five  dollars.  Any  corporation  which  shall 
fail  to  file  its  annual  return  on  or  before  July  first  shall  be  re- 
quired to  pay  an  additional  fee  of  five  dollars,  as  well  as  to 
make  the  annual  return.  Any  corporation  which  shall  for  two 
consecutive  years  neglect  or  refuse  to  pay  any  fee  due  under 
the  provisions  of  this  chapter  shall  be  liable  to  be  dissolved  and 
its  charter  repealed  by  act  of  the  legislature. 


248  Chapter  171  [1955 

9.  Foreign  Corporations.  Registration.  Amend  section  1 
of  chapter  280  of  the  Revised  Laws  as  inserted  by  section  1  of 
chapter  206  of  the  Laws  of  1949  (section  3,  chapter  300,  RSA) 
by  striking  out  the  words  "twenty-five"  in  the  eighth  hne  of 
said  section  and  inserting  in  place  thereof  the  word,  fifty,  and 
by  striking  out  the  word  "twenty-five"  in  the  ninth  line  and 
inserting  in  place  thereof  the  word,  thirty-five,  so  that  said 
section  as  amended  shall  read  as  follows:  1.  Fee;  Appoint- 
ment of  Agent.  Everj^  foreign  corporation  (except  foreign 
insurance  companies,  to  whom  this  chapter  shall  not  apply, 
and  except  holders  of  certificates  of  approval  issued  under  the 
provisions  of  sections  78  and  79  of  chapter  170  of  Revised 
Laws  and  corporations  otherwise  specifically  required  to 
register  with  and  consent  to  service  of  process  upon  a  state 
official)  desiring  to  do  business  in  this  state,  shall  pay  a  regis- 
tration fee  of  fifty  dollars  and  shall  pay  an  annual  maintenance 
fee  of  thirty-five  dollars  payable  to  the  secretary  of  state  on 
the  first  business  day  of  January  following  the  date  of  regis- 
tration and  on  the  first  business  day  of  January  thereafter,  and 
continuously  maintain  in  this  state 

(a)  a  registered  office  which  may  or  may  not  be  the 
same  as  its  place  of  business  in  this  state;  and 

(b)  a  registered  agent,  which  agent  may  be  the  secre- 
tary of  state  and  his  successor  or  successors  in  office  or  an  in- 
dividual resident  in  or  a  corporation  authorized  to  do  business 
and  act  as  such  agent  in  this  state,  whose  office  is  identical 
with  such  registered  office. 

(c)  The  secretary  of  state  shall  in  December  each  year, 
notify  all  corporations  registered  hereunder  of  the  fees  to  be- 
come due  hereunder  on  the  first  business  day  of  the  January 
following;  and  shall  in  April  notify  all  corporations  who  may 
have  failed  to  pay  the  fees  required  hereunder. 

10.  Fee  for  Changing  Registration.  Amend  paragraph  (f ) 
of  section  3  of  chapter  280  of  the  Revised  Laws,  as  amended 
by  chapter  206  of  the  Laws  of  1949  (paragraph  (f),  section  5, 
chapter  300,  RSA)  by  striking  out  the  word  "five"  and  insert- 
ing the  word,  ten,  so  that  said  paragraph  as  amended  shall 
read  as  follows:    (f)  a  filing  fee  of  ten  dollars. 

11.  Fee  for  Withdrawal  from  State.  Amend  paragraph 
(f )  of  section  6  of  chapter  280  of  the  Revised  Laws,  as  amended 


1955]  '  Chapter  172  249 

by  chapter  206  of  the  Laws  of  1949  (paragraph  (f),  section 
10,  chapter  300,  RSA)  by  striking  out  the  word  "five"  and  in- 
serting the  word,  ten,  so  that  said  paragraph  as  amended  shall 
read  as  follows :    (f )  a  filing  fee  of  ten  dollars. 

12.  Change  in  Name.  Amend  section  12  of  chapter  280  of 
the  Revised  Laws,  as  amended  by  chapter  206  of  the  Laws  of 
1949  (section  9,  chapter  300,  RSA)  by  striking  out  the  word 
'"live"  in  the  seventh  line  and  inserting  in  place  thereof  the 
word,  ten,  so  that  said  section  as  amended  shall  read  as  follows: 
12.  Change  in  Name;  Fee.  Any  such  corporation  which  has 
amended  its  charter  by  changing  the  name  under  which  it  is 
registered  in  this  state  shall  within  thirty  days  file  with  the 
secretary  of  state  a  certificate  of  such  change,  under  the  seal 
of  the  corporation,  signed  and  sworn  to  by  the  clerk  or  secre- 
tary or  assistant  clerk  or  assistant  secretary  of  the  corporation 
and  shall  pay  a  filing  fee  of  ten  dollars. 

13.  Effective  Date.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  1,  1955,  1:15  o'clock  P.  M.  Daylight  Saving 
Time.] 


CHAPTER  172. 


AN  ACT  RELATIVE  TO  THE  SALARIES  OF  THE  SHERIFF  AND 
TREASURER  OF  COOS  COUNTY. 

Be  it  enacted  by  the  Semite  and  House  of  Representatives  in 
General  Court  convened: 

1.  Coos  County.  Amend  section  27,  chapter  380,  Revised 
Laws,  as  amended  by  chapter  195,  Laws  of  1943,  chapter  189, 
Laws  of  1945,  section  2,  chapter  2,  Laws  of  1947,  section  3, 
chapter  202,  Laws  of  1947,  section  1,  chapter  256,  Laws  of 
1947,  chapter  291,  Laws  of  1947,  and  section  3,  chapter  235, 
Laws  of  1953  (section  29,  chapter  104,  RSA)  by  striking  out 
the  words  "eighteen  hundred"  in  the  thirteenth  line  and  in- 
serting in  place  thereof  the  words,  two  thousand,  so  that  said 
section  as  amended  shall  read  as  follows :  27.  Salaries.  The 
annual  salaries  of  the  sheriffs  of  the  several  counties  shall  be 
as  follows: 


250  Chapter  173  *  [1955 

In  Rockingham,  fifteen  hundred  dollars. 

In  Strafford,  one  thousand  dollars. 

In  Belknap,  thirteen  hundred  dollars. 

In  Carroll,  twelve  hundred  dollars. 

In  Merrimack,  two  thousand  dollars. 

In  Hillsborough,  two  thousand  four  hundred  dollars. 

In  Cheshire,  fifteen  hundred  dollars. 

In  Sullivan,  eight  hundred  dollars. 

In  Grafton,  twelve  hundred  and  fifty  dollars. 

In  Coos,  two  thousand  dollars. 

2.  Coos  County  Treasurer.  Amend  section  13,  chapter  48, 
Revised  Laws,  as  amended  by  chapter  66,  liaws  of  1945,  chap- 
ter 257,  Laws  of  1947,  chapter  179,  Laws  of  1953  (section  14, 
chapter  29,  RSA)  by  striking  out  the  word  "four"  in  the 
thirteenth  line  and  inserting  in  place  thereof  the  word,  five, 
so  that  said  section  as  amended  shall  read  as  follows:  13. 
Salaries.  The  annual  salaries  of  the  treasurers  of  the  several 
counties  to  be  in  full  for  their  services  and  allowances  of  every 
kind,  except  as  hereinafter  provided,  shall  be  as  follows: 

In  Rockingham,  eight  hundred  dollars. 

In  Strafford,  four  hundred  dollars. 

In  Belknap,  three  hundred  dollars. 

In  Carroll,  five  hundred  dollars. 

In  Merrimack,  six  hundred  dollars. 

In  Hillsborough,  twelve  hundred  dollars. 

In  Cheshire,  four  hundred  dollars. 

In  Sullivan,  four  hundred  dollars. 

In  Grafton,  five  hundred  dollars. 

In  Coos,  five  hundred  dollars. 
To  the  foregoing  sums  shall  be  added  a  reasonable  sum  for  all 
necessary  expenses  upon  order  of  the  county  commissioners. 

3.  Takes  Effect.  This  act  shall  take  effect  January  1, 1956. 
[Approved  June  1,  1955.] 


CHAPTER  173. 

an  act  relative  to  funds  for  development  of  the 
Port  of  Portsmouth. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Funds  Extended.     The   appropriation   provided   for  by 


1955]  Chapter  174  251 

section  43-b  of  chapter  27  of  the  Revised  Laws,  as  inserted  by- 
section  2,  chapter  220,  Laws  of  1953  (section  11,  chapter  12, 
RSA)  to  be  expended  under  the  direction  of  the  planning  and 
development  commission  shall  be  a  continuing  appropriation 
and  shall  not  lapse. 

2.     Takes    Effect,       This    act    shall    take    effect   upon   its 
passage. 

[Approved  June  1,  1955.] 


CHAPTER  174. 


AN  ACT  RELATIVE  TO  THE  CONSTRUCTION  OF  A  DORMITORY  FOR 

WOMEN  AT  THE  UNIVERSITY  OF  NEW  HAMPSHIRE, 

AND  TO  BE  LIQUIDATED  FROM  INCOME. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Appropriation.  The  sum  of  three  hundred  twelve  thou- 
sand, five  hundred  dollars  is  hereby  appropriated  for  the  pur- 
pose of  constructing,  furnishing  and  equipping  a  dormitory  for 
women  at  the  University  of  New  Hampshire.  The  appropriation 
hereby  made  and  the  sums  made  available  for  this  project 
shall  be  expended  by  the  trustees  of  the  university  under  the 
direction  of  the  governor  and  council.  All  contracts  for  the 
purchase  of  equipment  and  the  construction  of  all  or  any  part 
of  said  building  shall  be  let  (1)  at  public  sealed  bidding,  (2) 
only  after  an  advertisement  calling  for  bids  has  been  published 
at  least  once  in  each  of  two  successive  calendar  weeks  in  a 
newspaper  of  general  circulation  in  New  Hampshire,  the  first 
publication  being  not  less  than  thirty  days  prior  to  the  date 
the  bids  will  be  received,  and  (3)  to  the  lowest  responsible 
bidder. 

2.  Borrowing.  In  order  to  provide  funds  for  the  appro- 
priation made  in  section  1  hereof,  the  trustees. of  the  uni- 
versity are  hereby  authorized  to  request  the  governor  and 
council  to  borrow  upon  the  credit  of  the  state  not  exceeding  the 
sum  of  three  hundred  twelve  thousand,  five  hundred  dollars. 

3.  State  Bonds  or  Notes.  The  governor,  upon  receipt  of  a 
request  from  the  board  of  trustees  of  the  university,  and  by 


252  Chapter  174  [1955 

and  with  the  consent  of  the  council,  may  direct  the  state  treas- 
urer to  borrow  upon  the  faith  and  credit  of  the  state  a  sum 
not  exceeding  three  hundred  twelve  thousand,  five  hundred 
dollars  for  the  purpose  of  carrying  into  effect  the  provisions 
of  this  act,  and  for  said  purpose  may  issue  bonds  in  the  name 
and  on  behalf  of  the  state  at  a  rate  of  interest  to  be  determined 
by  the  governor  and  council.  The  maturity  dates  of  such 
bonds  shall  be  determined  by  the  governor  and  council, 
but  in  no  case  shall  they  be  later  than  twenty  years 
from  the  date  of  issue.  The  bonds  shall  be  in  such  form  and 
denomination  as  the  governor  and  council  shall  determine,  may 
be  registerable  as  to  both  principal  and  interest,  shall  be 
signed  by  the  treasurer  and  countersigned  by  the  governor  and 
shall  be  deemed  a  pledge  of  the  faith  and  credit  of  the  state. 
The  secretary  of  state  shall  keep  an  account  of  all  such  bonds 
showing  the  number  and  amount  of  each,  the  time  of  counter- 
signing, the  date  of  delivery  to  the  state  treasurer  and  the  date 
of  maturity.  The  state  treasurer  shall  keep  an  account  of  each 
bond  showing  the  number  thereof,  the  name  of  the  person  to 
whom  sold,  the  amount  received  from  the  same,  the  date  of 
the  sale  and  the  date  of  maturity. 

4.  Short  Term  Notes.  Prior  to  the  issuance  of  tlie  bonds 
hereunder,  the  state  treasurer,  with  the  approval  of  the  gov- 
ernor and  council,  may  for  the  purposes  hereof  borrow  money 
from  time  to  time  on  short  term  loans  which  may  be  refunded 
by  the  issuance  of  bonds  hereunder.  Provided,  however,  that 
at  no  one  time  shall  the  indebtedness  of  the  state  on  such  short 
term  loans  exceed  the  sum  of  three  hundred  twelve  thousand, 
five  hundred  dollars. 

5.  Sale  of  Bonds  or  Notes.  All  notes  or  bonds,  except 
short  term  loans,  issued  under  the  provisions  of  this  act  shall 
be  sold  (1)  at  public  sealed  bidding,  (2)  only  after  an  adver- 
tisement calling  for  bids  has  been  published  at  least  once  in 
each  of  two  successive  calendar  weeks  in  a  newspaper  of  gen- 
eral circulation  in  New  Hampshire  and  in  a  financial  publica- 
tion of  national  circulation  the  first  publication  being  not  less 
than  thirty  days  prior  to  the  day  the  bids  will  be  received,  and 
(3)  to  the  highest  bidder.  The  governor  and  council  may  re- 
ject any  or  all  bids,  and/or  negotiate  with  the  highest  re- 
sponsible bidder.  The  proceeds  from  the  sale  of  such  bonds 


1955]  Chapter  175  253 

shall  be  held  by  the  state  treasurer  and  paid  out  by  him  upon 
warrants  drawn  by  the  governor  for  the  purposes  of  this  act 
alone  and  the  governor,  with  tlie  advice  and  consent  of  the 
council,  shall  draw  his  warrant  for  the  payment  from  the  funds 
provided  by  this  act  of  all  sums  expended  or  due  for  the  pur- 
poses herein  authorized.  All  interest  from  such  bonds  shall  be 
exempt  from  taxation  within  the  state. 

6.  Liquidation.  The  trustees  of  the  university  are  author- 
ized to  maintain  the  dormitory  constructed  under  section  1  of 
this  act,  and  to  collect  rents  therefrom.  The  income  from  such 
rents  shall  be  kept  in  a  separate  fund  from  which  shall  be  paid 
the  maintenance  of  said  dormitory.  The  balance  of  said  in- 
come, together  with  income  from  rents  of  other  dormitories 
at  the  university  not  otherwise  obligated,  shall  be  used  for  the 
payment  of  the  annual  interest  on  the  state  borrowing  for  the 
purposes  of  said  section  1  and  for  the  payment  of  installments 
of  principal  as  the  same  become  due  until  such  time  as  all 
obligations  incurred  under  the  provisions  of  section  1  have  been 
met  and  thereafter  said  property  shall  become  a  part  of  the 
university  property. 

7.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  1,  1955.] 


CHAPTER  175. 

AN  ACT  RELATIVE  TO  INCREASING  CERTAIN  PENALTIES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Pandering  and  Prostitution.  Amend  section  17  of  chap- 
ter 449  of  the  Revised  Laws  (section  17,  chapter  579,  RSA)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  17.  Penalty.  Any  person  guilty  in  the  first  de- 
gree shall  be  fined  not  more  than  five  hundred  dollars,  or  im- 
prisoned not  more  than  three  years,  or  both.  Any  person 
guilty  in  the  second  degree  shall  be  fined  not  more  than  two 
hundred  dollars,  or  imprisoned  not  more  than  one  year,  or 
both. 


254  Chapter  175  [1955 

2.  Grand  Larceny.  Amend  section  3  of  chapter  452  of  the 
Revised  Laws  as  amended  by  section  1  of  chapter  140  of  the 
Laws  of  1949  (section  3,  chapter  582,  RSA)  by  striking  out  the 
word  "fifty"  and  inserting  in  place  thereof  the  words,  one  hun- 
dred, so  that  said  section  as  amended  shall  read  as  follows: 
3.  One  Hundred  Dollars  and  Over.  If  any  person  shall  steal, 
take,  carry  away,  of  the  property  of  another,  any  money,  bank 
bills,  goods  or  chattels,  or  any  writing  containing  evidence  of 
an  existing  debt,  contract,  liability,  promise,  or  ownership  of 
property,  of  the  value  of  one  hundred  dollars,  or  of  the  receipt, 
payment,  or  discharge  of  the  like  amount,  or  any  writings  of 
a  like  kind,  which  together  shall  contain  the  like  evidence,  he 
shall  be  imprisoned  not  more  than  five  years. 

3.  Petit  Larceny.  Amend  section  4  of  chapter  452  of  the 
Revised  Laws  as  amended  by  section  2,  chapter  140  of  the 
Laws  of  1949  (section  4,  chapter  582,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  4. 
Fifty  Dollars  and  Less  Than  One  Hundred  Dollars.  If  any 
person  shall  steal,  take,  and  carry  away  any  property  of  an- 
other, such  as  described  in  the  preceding  section,  of  the  value 
or  amount  of  fifty  dollars  and  less  than  one  hundred  dollars, 
he  shall  be  imprisoned  not  more  than  one  year,  or  fined  not 
more  than  five  hundred  dollars,  or  both. 

4.  Change  in  Amount.  Amend  section  5  of  chapter  452  of 
the  Revised  Laws,  as  amended  by  section  3,  chapter  140  Laws 
of  1949  (section  5,  chapter  582,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following :  5.  Under 
Fifty  Dollars.  If  any  person  shall  steal,  take,  and  carry  away 
any  property  of  another,  such  as  is  described  in  section  3,  of 
a  less  amount  or  value  than  fifty  dollars,  he  shall  be  imprisoned 
not  more  than  six  months,  or  fined  not  more  than  two  hundred 
dollars,  or  both. 

5.  Subordinations.  Amend  section  21  of  chapter  262  of 
the  Revised  Laws  (section  23,  chapter  260,  RSA)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
21.  Penalty.  If  any  mortgagor  shall  be  guilty  of  an  offense 
against  either  of  the  two  preceding  sections  he  shall  be  fined 
not  more  than  five  hundred  dollars  or  imprisoned  not  more 
than  one  year,  or  both.  From  said  fine,  if  any,  the  court  may  in 


1955]  Chapter  176  255 

its  sole  discretion  allow  to  the  mortgagee  a  reasonable  sum  of 
money  for  his  loss  and  expenses. 

6.     Takes    Effect.      This    act   shall    take   effect   upon    its 
passage. 
[Approved  June  1,  1955.] 


CHAPTER  176. 


AN  ACT  RELATIVE  TO  THE  POSTING  OF  LAND  ADJACENT 
TO  WOODLANDS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Trespass.  Amend  section  14-a  of  chapter  442  of  the 
Revised  Laws  as  inserted  by  chapter  171  of  the  Laws  of  1951 
and  as  amended  by  chapter  200,  Laws  of  1953  (section  15, 
chapter  572,  RSA)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following :  14-a.  Penalty.  Whoever  with- 
out right  enters  upon  the  cultivated  land  of  another  which  has 
been  posted  with  notices  as  described  in  section  14-b,  shall  be 
fined  not  more  than  fifty  dollars,  or  imprisoned  not  more  than 
six  months,  or  both.  Whoever  without  right  when  carrying  fire- 
arms, enters  upon  such  posted  land  within  two  hundred  yards 
of  an  inhabited  dwelling  shall  be  fined  not  more  than  fifty 
dollars. 

2.  Isolated  Dwellings.  Amend  section  14-b  of  chapter  442 
of  the  Revised  Laws  as  inserted  by  section  2,  chapter  171,  Laws 
of  1951  and  as  amended  by  chapter  200  of  the  Laws  of  1953, 
(section  16,  chapter  572,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following :  14-b.  Notices.  The 
notices  referred  to  in  section  14-a  shall  conform  to  the  follow- 
ing requirements:  Posting  notices  shall  be  of  durable  ma- 
terial with  the  words  NO  HUNTING  or  TRESPASSING, 
printed  with  block  letters  not  less  than  two  inches  in  height, 
and  shall  contain  also  the  name  and  address  of  the  owner  or 
lessee  of  such  land.  Such  signs  shall  be  not  more  than  one  hun- 
dred yards  apart  and  shall  be  posted  also  at  the  gates,  bars 
and  commonly  used  entrances.  Nothing  herein  contained  shall 
prevent  any  owner  from  adding  to  the  language  herein  required 


256  Chapters  177,  178  [1955 

such  additional  warning  words  as  "children",  "inhabited  house 
nearby",  "livestock",  etc. 

3.    Takes    Effect.      This    act    shall   take   effect   upon    its 
passage. 
[Approved  June  8,  1955.] 


CHAPTER  177. 

AN  ACT  RELATIVE  TO  INSANE  PRISONERS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Insane  Prisoners.  Amend  section  3,  chapter  429  of  the 
Revised  Laws  (section  3,  chapter  607,  RSA)  by  striking  out  the 
words,  "there  to  remain  until  he  is  discharged  by  due  course 
of  law"  at  the  end  of  said  section  and  inserting  in  place  there- 
of the  following,  for  life  until  or  unless  earlier  discharged,  re- 
leased, or  transferred  by  due  course  of  law,  so  that  said  section 
as  amended  shall  read  as  follows:  3.  Committal.  In  either 
of  the  cases  aforesaid  the  court,  if  it  is  of  opinion  that  it  will 
be  dangerous  that  such  person  should  go  at  large,  may  commit 
him  to  the  prison  or  to  the  state  hospital  for  life  until  or  unless 
earlier  discharged,  released,  or  transferred  by  due  course  of 
law. 

2.  Takes  Effect,  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  8,  1955.] 


CHAPTER  178. 


AN  ACT  RELATIVE  TO  OPERATION  OF  MOTOR  VEHICLES  AT 
YIELD  RIGHT-OF-WAY  SIGNS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Gene7'al  Court  convened: 

1.     Highways.     Amend  section  1,  part  19,  chapter  90,  of  the 
Revised  Laws,  as  inserted  by  chapter  188,  Laws  of  1945  (sec- 


1955]  Chapter  179  257 

tion  5,  chapter  249,  RSA)  by  adding  after  the  words  "other 
towns",  the  words,  or  cities,  and  by  adding-  after  the  words 
"stop  signs",  the  words,  yield  right-of-way  signs,  so  that  said 
section  as  amended  shall  read  as  follows:  1.  Regulation. 
The  commissioner  may  regulate  the  use  of  class  I,  class  II,  and 
class  III  highways  in  towns  of  less  than  twenty-five  hundred 
population  and  in  other  towns  or  cities  outside  the  compact 
portion  thereof  as  determined  by  him.  He  may  establish  stop 
intersections,  erect  stop  signs,  yield  right-of-way  signs,  or  other 
traffic  devices  or  signals  thereon  or  upon  any  highway  entering 
therein. 

2.  Operation  of  Motor  Vehicles.  Amend  part  19,  chapter 
90,  of  the  Revised  Laws,  as  inserted  by  chapter  188,  Laws  of 
1945  (chapter  249,  RSA)  by  adding  after  section  1  the  follow- 
ing new  section:     1-a.     Yield   Right-of-Way  Regulation.     I. 

The  yield  right-of-way  sign  shall  be  an  equilateral  triangle 
with  one  point  downward,  having  a  yellow  background  with 
black  lettering.  Its  sides  shall  be  a  minimum  of  thirty  inches  in 
length.  It  shall  be  reflectorized  or  illuminated.  11.  When 
approaching  an  intersection  controlled  by  a  yield  right-of-way 
sign  any  person  operating  a  motor  vehicle  shall  slow  down  and 
enter  the  intersection  with  caution  but  need  not  come  to  a 
full  stop  except  when  necessary  to  avoid  interference  witli 
other  traffic  that  is  given  the  right-of-way. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  8,  1955.] 


CHAPTER  179. 

AN  ACT  RELATIVE  TO  THE  SALE  OF  CIDER. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Cou7't  convened: 

1.  Cider.  Amend  chapter  170  of  the  Revised  Laws  (chap- 
ter 175,  RSA)  by  inserting  after  section  30  the  following  new 
section:  30-a.  Cider,  Sale  of,  to  Minors.  Notwithstanding 
any  other  provisioins  of  this  chapter,  it  shall  be  unlawful  for 
any  person  to  sell  or  cause  or  permit  or  procure  to  be  sold  to 


258  Chapter  180  [1955 

any  minor,  cider  containing  more  than  one  per  cent  of  alcohol 
by  volume  at  sixty  degrees  Fahrenheit,  provided  that  the  pro- 
visions of  this  section  shall  not  apply  to  sales  of  cider  made 
within  fifteen  days  of  its  manufacture. 

2.     Takes   Effect,      This    act    shall    take    effect   upon    its 
passage. 
[Approved  June  8,  1955.] 


CHAPTER  180. 


AN  ACT  RELATIVE  TO  THE  FORMATION  OF  RAILROAD 
CORPORATIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Railroad  Corporations.  Amend  section  2,  chapter  274 
of  the  Revised  Laws  (section  2,  chapter  294,  RSA)  by  adding 
at  the  end  thereof  the  following  words,  provided  however  that 
if  the  New  Hampshire  public  utilities  commission  shall  have 
entered  an  order  finding  that  it  shall  be  in  the  public  good  and 
subject  to  such  terms  and  conditions  as  it  may  prescribe  in 
the  public  interest,  a  corporation  may  be  formed  pursuant  to 
the  provisions  of  this  chapter  to  acquire,  maintain  and  operate 
any  existing  line  of  railroad  or  street  railway  within  this  state, 
so  that  said  section  as  amended  shall  read  as  follows :  2.  In- 
corporators; Purposes.  Except  as  otherwise  provided  by  law, 
three  or  more  persons  of  lawful  age  may  associate  together  by 
articles  of  agreement  to  form  a  corporation  under  the  pro- 
visions of  this  chapter,  for  the  purpose  of  carrying  on  any  law- 
ful business  within  or  outside  this  state  except  banking,  the 
construction  and  maintenance  of  railroads,  the  business  of 
making  contracts  for  the  payment  of  money  at  a  fixed  date  or 
upon  the  happening  of  some  contingency,  or  the  business  of  a 
trust,  surety,  indemnity,  or  safe  deposit  company,  provided 
however  that  if  the  New  Hampshire  public  utilities  commission 
shall  have  entered  an  order  finding  that  it  shall  be  in  the  public 
good  and  subject  to  such  terms  and  conditions  as  it  may  pre- 
scribe in  the  public  interest,  a  corporation  may  be  formed  pur- 
suant to  the  provisions  of  this  chapter  to  acquire,  maintain 


1955]  Chapter  181  259 

and  operate  any  existing"  line  of  railroad  or  street  railway  with- 
in this  state. 

2.     Takes    Effect,       This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  8, 1955.] 


CHAPTER  181. 


AN  ACT  RELATIVE  TO  EVIDENCE  OF  MEMBERSHIP  OR  PARTICIPATION 
IN  SUBVERSIVE  ORGANIZATIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.    Membership  or  Participation  in  Subversive  Organizations. 

Amend  chapter  457-A  of  the  Revised  Laws,  as  inserted  by 
chapter  193,  Laws  of  1951  (section  3,  chapter  588,  RSA)  by 
inserting  after  section  3  the  following  new  sections:  3-a. 
Evidence  of  Membership  or  Participation.  In  determining 
membership  or  participation  in  a  subversive  organization  or  a 
foreign  subversive  organization  as  defined  in  this  chapter,  or 
knowledge  of  the  purpose  or  objective  of  such  organization,  the 
jury,  under  instructions  from  the  court,  may  consider  evidence, 
if  presented,  as  to  whether  the  accused  person  to  his  knowl- 
edge: (1)  has  been  listed  as  a  member  in  any  book  or  any.  of 
of  the  lists,  records,  correspondence,  or  any  other  document  of 
the  organization ; 

(2)  Has  made  financial  contribution  to  the  organization 
in  dues,  assessments,  loans,  or  in  any  other  form; 

(3)  Has  made  himself  subject  to  the  discipline  of  the 
organization  in  any  form  whatsoever; 

(4)  Has  executed  orders,  plans,  or  directives  of  any  kind 
of  the  organization; 

(5)  Has  acted  as  an  agent,  courier,  messenger,  corres- 
pondent, organizer,  or  in  any  other  capacity  in  behalf  of  the 
organization ; 

(6)  Has  conferred  with  officers  or  other  members  of  the 
organization  in  behalf  of  any  plan  or  enterprise  of  the  organi- 
zation; 


260  Chapter  181  [1955 

(7)  Has  been  accepted  as  an  officer  or  member  of  the 
organization  or  as  one  to  be  called  upon  for  services  by  other 
officers  or  members  of  the  organization; 

(8)  Has  written,  spoken  or  in  any  other  way  communi- 
cated by  signal,  semaphore,  sign,  or  in  any  other  form  of  com- 
munication orders,  directives,  or  plan  of  the  organization ; 

(9)  Has  prepared  documents,  pamphlets,  leaflets,  books, 
or  any  other  type  of  publication  in  behalf  of  the  objectives  and 
purposes  of  the  organization; 

(10)  Has  mailed,  shipped,  circulated,  distributed,  de- 
livered, or  in  any  other  way  sent  or  delivered  to  others  material 
or  propaganda  of  any  kind  in  behalf  of  the  organization ; 

(11)  Has  advised,  counseled  or  in  any  other  way  im- 
parted information,  suggestions,  recommendations  to  officers  or 
members  of  the  organization  or  to  anyone  else  in  behalf  of  the 
objectives  of  the  organization; 

(12)  Has  indicated  by  word,  action,  conduct,  writing  or 
in  any  other  way  a  willingness  to  carry  out  in  any  manner  and 
to  any  degree  the  plans,  designs,  objectives,  or  purposes  of  the 
organization ; 

(13)  Has  in  any  other  way  participated  in  the  activities, 
planning,  actions,  objectives,  or  purposes  of  the  organization; 

(14)  The  enumeration  of  the  above  subjects  of  evidence 
on  membership  or  participation  in  a  subversive  organization  or 
a  foreign  subversive  organization  as  above  defined,  shall  not 
limit  the  inquiry  into  and  consideration  of  any  other  subject  of 
evidence  on  membership  and  participation  as  herein  stated. 

3-b.  Construction,  Nothing  in  section  3-a  shall  be  con- 
strued to  limit  the  supervisory  power  of  the  court  over  the 
admission  and  exclusion  of  evidence  or  over  the  sufficiency  of 
the  evidence  as  a  whole. 

2.     Takes    Effect.      This   act   shall   take    effect    upon   its 
passage. 
[Approved  June  8,  1955.] 


1955]  Chapter  182  261 

CHAPTER  182. 

an  act  relative  to  the  salary  of  the  justice  of  the 
Keene  muncifal  court. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Gene7^al  Court  convened: 

1.  Keene  Municipal  Court.  Amend  paragraph  I  of  section 
31  of  chapter  377,  Revised  Laws,  as  amended  by  chapter  232, 
Laws  of  1947,  chapters  73,  213,  239  and  251,  Laws  of  1953 
(paragraph  I,  section  7,  chapter  502,  RSA)  and  chapter  133  of 
the  Laws  of  1955,  by  striking  out  the  words  "In  Keene,  one 
thousand  eight  hundred  dollars;"  and  inserting  in  place  there- 
of the  words.  In  Keene,  two  thousand  five  hundred  dollars,  so 
that  said  paragraph  as  amended  shall  read  as  follows:  I. 
Salaries  of  Justices.  Salaries  of  justices  of  municipal  courts 
shall  be  paid  from  the  treasury  of  the  city  or  town  in  which 
such  courts  are  located,  may  be  paid  quarterly  or  monthly,  and 
shall  be  in  the  following  sums  per  annum : 

In  Manchester,  four  thousand  six  hundred  dollars ; 

In  Nashua,  three  thousand  dollars; 

In  Concord,  three  thousand  five  hundred  dollars; 

In  Portsmouth,  two  thousand  five  hundred  dollars; 

In  Dover,  one  thousand  eight  hundred  dollars ; 

In  Laconia,  one  thousand  eight  hundred  dollars; 

In  Keene,  two  thousand  five  hundred  dollars; 

In  Claremont,  one  thousand  eight  hundred  dollars ; 

In  Berlin,  twenty-two  hundred  dollars; 

In  Rochester,  one  thousand  two  hundred  dollars; 

In  Lebanon,  one  thousand  five  hundred  dollars; 

In  Newport,  nine  hundred  dollars; 

In  Derry,  nine  hundred  dollars; 

In  Franklin,  one  thousand  two  hundred  dollars; 

In  Exeter,  eight  hundred  dollars; 

In  Somersworth,  eight  hundred  dollars; 

In  Littleton,  eight  hundred  dollars ; 

In  Milford,  six  hundred  dollars. 

2.     Takes    Effect.       This    act    shall   take    effect    upon    its 
passage. 
[Approved  June  8,  1955.] 


262  Chapter  183  [1955 

CHAPTER  183. 

AN  ACT  AUTHORIZING  THE  APPOINTMENT  OF  COUNTY 
PUBLIC  TRUSTEES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Public  Trustees.  Amend  chapter  363  of  the  Revised 
Laws  (chapter  564,  RSA)  by  inserting  after  section  2  the 
following  new  section:  2-a.  Public  Trustees.  The  judge  of 
probate  shall  be  empowered  to  appoint  a  suitable  person  as 
public  trustee  to  hold  office  during  the  court's  pleasure  whose 
duty  shall  be  to  administer  all  such  small  charitable  trusts  as 
the  court  may  assign  to  him,  where  it  is  found  that  the  practical 
difficulties  or  the  unreasonable  expense  involved  in  each  trust 
would  tend  to  defeat  its  purpose,  provided,  however,  that  in 
each  instance  the  trustee  of  the  fund  assigned  shall  give  his 
consent. 

2.  Procedure;  Investments.  Amend  chapter  363,  of  the 
Revised  Laws  (chapter  564,  RSA)  by  inserting  after  section 
2-a  as  hereinabove  inserted  the  following  new  sections:  2-b. 
Citation.  Upon  application  the  court  may,  in  its  discretion 
waive  publication  of  citations  and  notices  in  such  trusts  where 
it  is  found  in  the  interest  of  the  estate.  2-c.  Collective  Invest- 
ments. The  public  trustee  may  establish  common  trust  funds, 
in  which  may  be  combined  money  and  property  belonging  to  the 
various  trusts  in  his  care,  for  the  purpose  of  facilitating  in- 
vestments, providing  diversification  and  obtaining  reasonable 
income ;  and  provided,  further,  that  the  participating  interests 
of  said  trusts  are  properly  evidenced  by  appropriate  book- 
keeping entries  showing  on  an  annual  basis  the  contribution, 
the  profits,  the  income,  the  expenses,  the  fees  and  withdrawals 
allocable  to  each  trust. 

3.     Takes    Eflfect.      Tliis    act   shall    take   effect    upon   its 
passage. 
[Approved  June  9,  1955.] 


1955]  Chapters  184,  185  263 

CHAPTER  184. 

AN  ACT  RELATIVE  TO  PUBLICATION  OF  REPORT  OF  AUDIT. 

Be  it  ermcted  by  the  Senate  and  House  of  Representatives  in 
Genei^al  Court  convened: 

1.  Municipal  Audits.  Amend  chapter  82  of  the  Revised 
Laws  (chapter  71,  RSA)  by  inserting  after  section  27  the 
following  new  section :     27-a.     Publication  of  Report  of  Audit. 

A  written  or  printed  report  of  every  completed  audit  shall  be 
made  to  the  proper  local  officials  including  a  summary  of  the 
findings  and  recommendations  of  the  auditors  and  a  copy  of 
such  summary  shall  be  published  in  the  next  annual  report 
following  the  fiscal  year  in  which  the  audit  was  completed.  If, 
in  the  opinion  of  the  selectmen,  school  board,  county  or  village 
district  commissioners  the  whole  report  of  audit  should  be 
published  the  same  may  be  published.  If  such  summary  of 
findings  and  recommendations  is  not  so  published  the  tax  com- 
mission, at  the  expense  of  the  county,  city,  town  or  district 
affected  thereby,  may  cause  such  summary  to  be  separately 
published  and  distributed  or  published  in  a  newspaper  having 
a  general  circulation  in  said  county,  city,  town  or  district. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  9,  1955.] 


CHAPTER  185. 

AN  ACT  RELATING  TO  HAW^KERS  AND  PEDDLERS. 

Be  it  eniicted  by  the  Senate  and  Hou^e  of  Representatives  in 
General  Court  convened: 

1.  Local  Licenses  of  Hawkers  and  Peddlers.  Amend  sec- 
tion 4  of  chapter  188  of  the  Revised  Laws  (section  4,  chapter 
320,  RSA)  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  4.  Local  Licenses.  The  clerk  of  any 
town  or  city  shall  grant  a  local  license  to  any  person  who  files 
in  his  office  a  certificate  stating  that  to  the  best  of  the  certi- 
fying officer's  knowledge  and  belief  the  applicant  for  a  license 
named  therein  is  of  good  moral  character;  and  is,  or  has  de- 


264  Chapter  185  [1955 

clared  his  intention  to  become,  a  citizen  of  the  United  States. 
In  the  case  of  cities  such  certificate  must  be  signed  by  the 
chief  of  police  of  the  city  in  which  the  license  is  sought.  In  the 
case  of  towns  such  certificate  must  be  signed  by  the  chief  of 
police,  if  any,  and  by  a  majority  of  the  selectmen  of  the  town 
in  which  such  license  is  sought.  Such  license  shall  not  be 
granted  to  any  other  person. 

2.  Local  License  Fees.  Amend  section  7  of  said  chapter 
188  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  7.  Fees.  Every  person  licensed  under  the 
provisions  relative  to  local  licenses  shall  pay  to  the  clerk  of  the 
city  or  town  granting  such  license  the  following  sums  before 
offering  or  exposing  for  sale  any  goods,  wares  or  merchandise 
therein:  For  every  town  of  not  more  than  one  thousand  in- 
habitants, according  to  the  census  next  preceding  the  date  of 
his  license,  five  dollars ;  for  a  town  of  more  than  one  thousand 
and  less  than  two  thousand  inhabitants,  eight  dollars;  for  all 
other  cities  and  towns,  ten  dollars.  The  clerk  shall  certify  on 
the  face  of  such  license  the  sum  so  paid  and  shall  forward  all 
fees  collected  hereunder  to  the  treasurer  of  said  city  or  town 
which  fees  shall  be  for  the  use  of  said  city  or  town.  The  clerk 
shall  within  five  days  notify  the  secretary  of  state  of  the  issu- 
ance of  said  license. 

3.  State  Licenses.  Amend  section  8  of  said  chapter  188  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  8.  State  Licenses.  Upon  compliance  with  the 
conditions  hereinafter  set  forth,  and  upon  payment  of  a  fee  of 
ten  dollars  for  the  use  of  the  state  as  a  state  license  fee,  the 
secretary  of  state  may  grant  special  state  licenses.  Appli- 
cations for  such  licenses  shall  be  made  upon  blanks  prepared 
by  the  secretary  of  state  requiring  such  information  regarding 
the  applicant's  character  and  qualifications  as  said  secretary 
shall  deem  pertinent.  No  such  license  shall  be  issued  unless  the 
application  is  accompanied  by  a  certificate  signed  by  the  chief 
of  police  of  some  city  in  this  state  stating  that  the  applicant 
for  a  license  is,  to  the  best  of  his  knowledge  and  belief,  a  per- 
son of  good  moral  character,  and  is,  or  has  declared  his  inten- 
tion to  become,  a  citizen  of  the  United  States.  Any  person  so 
licensed  may  do  business  as  a  hawker  or  peddler  in  any  city  or 
town  in  this  state,  without  further  payments. 


1955]  Chapter  185  265 

4.  Revocation.  Amend  section  14  of  said  chapter  188  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  14.  Revocation  of  Licenses.  Any  special  state 
license  granted  by  the  secretary  of  state  to  a  hawker  or  peddler 
may  be  revoked  by  him  after  hearing  (1)  upon  conviction  of 
the  licensee  of  any  offense  which  in  the  judgment  of  the  secre- 
tary warrants  such  revocation  or  (2)  upon  the  submission  to 
the  secretary  of  evidence  satisfactory  to  him  that,  during  the 
term  of  the  license,  and  acting  under  cover  thereof,  the 
licensee  has  accepted  or  solicited  money,  otherwise  than 
through  a  bona  fide  sale  or  barter  of  goods,  wares  or  merchan- 
dise or  has  in  any  manner  begged  or  solicited  alms  from  the 
public,  or  (3)  upon  a  finding  by  him  that  the  applicant  has  wil- 
fully falsified  his  application  for  license  or  (4)  upon  considera- 
tion of  evidence  that  the  liolder  of  said  license  is  insane,  a 
sexual  psychopath,  is  or  has  been  guilty  of  assault  upon  others 
or  whose  conduct  has  been  otherwise  disorderly  and  is  of  such 
violent  or  offensive  demeanor  that  to  permit  him  to  retain 
such  license  would  constitute  a  threat  to  the  peace  or  safety 
of  the  public  or  (5)  that  the  holder  of  said  license  is  at  large 
pending  appeal  from  a  conviction  for  a  violation  of  the  law  in- 
volving extreme  moral  turpitude.  Whenever  any  person  is  con- 
victed of  a  violation  of  any  provision  of  this  chapter  relative 
to  hawkers  and  peddlers,  the  clerk  of  the  court  or  the  trial 
justice  by  whom  such  person  was  convicted,  shall  notify  the 
secretary  of  state  or  the  clerk  of  any  city  or  town  which  has 
granted  a  local  license  hereunder  to  said  person.  Any  local 
license  granted  by  the  clerk  of  any  city  or  town  shall  be  re- 
voked by  said  clerk  after  hearing  for  like  causes  and  in  case 
of  any  revocation  of  a  state  license  by  the  secretary  of  state 
all  local  licenses  held  by  said  licensees  shall  be  revoked  by  said 
clerks.  Any  person  whose  license  has  been  revoked  under  this 
section  shall  be  ineligible  to  be  licensed  as  a  hawker  or  peddler 
in  this  state  for  a  period  of  not  less  than  one  year  or  more  than 
five  years  from  the  date  of  said  revocation.  Any  person  whose 
state  or  local  license  has  been  revoked,  as  a  condition  preced- 
ent to  issuance  of  any  new  license,  shall  be  required  to  furnish 
to  the  revoking  authority  satisfactory  evidence  of  renewed 
reputation  and  character  or  mental  health  in  addition  to  the 
certificate  required  to  qualify  for  such  license  under  sections 
2  or  3,  or  both. 


266  Chapter  186  [1955 

5.  Right  of  Appeal.  Amend  said  chapter  188  by  adding 
after  section  14  the  following  new  section:  14-a.  Appeal. 
Any  person  whose  license  is  revoked  under  this  chapter  shall 
have  the  right  of  appeal  provided  by  Revised  Laws,  chapter 
414. 

6.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  9,  1955.] 


CHAPTER  186. 

AN  ACT  RELATIVE  TO  HIGHWAY  APPROPRIATIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Construction,  Reconstiniction,  and  Betterment  of  High- 
ways. The  balance  of  highway  appropriation  and  bonds  there- 
for, authorized  by  sections  4  and  5  of  chapter  83  of  the  Laws  of 
1951,  being  in  the  amount  of  four  million  dollars,  having  lapsed 
under  general  law,  prior  to  being  used  as  authorized,  there  is 
hereby  appropriated  said  sum  of  four  million  dollars  to  be  used 
for  the  purposes  set  forth  in  said  chapter  83,  Laws  of  1951. 
The  appropriation  made  under  this  section  shall  be  a  continu- 
ing appropriation  until  July  1,  1959,  and  shall  not  lapse  prior 
to  that  date. 

2.  Highway  Appropriation.  Amend  chapter  34  of  the  Laws 
of  1953  by  inserting  after  section  1  the  following  new  section : 
1-a.  Continuing  Appropriation.  The  appropriation  provided 
for  by  section  1  shall  be  a  continuing  appropriation  and  shall 
not  lapse, 

3.  Use  of  Funds.  The  appropriations  provided  by  section  1 
of  this  act  and  by  chapter  34  of  the  Laws  of  1953,  shall  not  be 
deemed  to  be  special  appropriations  or  authorized  for  special 
purposes  but  may  be  used  for  purposes  therein  stated  and  to 
supplement  the  regular  highway  income  for  all  authorized 
highway  expenditures. 

4.  Accountability  of  Funds.  Amend  section  19  of  chapter 
90-A  of  the  Revised  Laws  as  inserted  by  chapter  5,  part  9,  Laws 


Chapter  187  267 

of  1950  (section  9,  chapter  228,  RSA)  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  19.  Funds. 
Nothing  herein  shall  be  construed  to  authorize  or  permit 
directly  or  indirectly  the  diversion  or  expenditure  of  highway 
funds  for  any  purpose  prohibited  by  constitutional  or  legisla- 
tive limitation  of  the  state  or  of  the  United  States. 

5.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  9,  1955.] 


CHAPTER  187. 

AN  ACT  RELATIVE  TO  LIABILITY  IN  THE  OPERATION  OF  AIRCRAFT. 

Be  it  enacted  by  the  Senate  and  House  of  Rep7'esentatives  in 
General  Court  convened: 

1.  Aeronautics.  Amend  chapter  306  of  the  Revised  Laws 
(chapter  422,  RSA)  by  inserting  after  section  27  the  follow- 
ing new  section:  27-a.  Liability  of  Certain  Persons  Not  in 
Possession  of  Aircraft.  Notwithstanding  the  definitions  of 
"operation  of  aircraft"  and  "operate  aircraft"  as  set  forth 
herein  no  person  owning  a  civil  aircraft  or  having  a  security 
interest  in,  or  security  title  to,  any  civil  aircraft  under  a  con- 
tract of  conditional  sale,  equipment  trust,  chattel  or  corporate 
mortgage,  or  other  instrument  of  similar  nature  and  no  lessor 
of  any  such  aircraft  under  a  bona  fide  lease  shall  be  liable  other 
than  by  application  of  the  doctrine  of  respondeat  superior 
merely  by  reason  of  such  ownership,  interest  or  title,  or  merely 
by  reason  of  his  interest  as  lessor  or  owner  of  the  aircraft  so 
leased,  for  any  injury  to  or  death  of  persons,  or  damage  to  or 
loss  of  property  in  the  air  or  on  the  surface  of  the  earth 
(whether  on  land  or  water)  caused  by  such  aircraft,  or  by  the 
ascent,  descent,  or  flight  of  such  aircraft  or  by  the  dropping 
or  falling  of  an  object  therefrom,  unless  such  aircraft  is  in  the 
actual  possession  or  control  of  such  person  at  the  time  of  such 
injury,  death,  damage  or  loss.  Nothing  in  this  section  shall  re- 
lieve such  persons  from  liability  for  their  own  negligent  acts 
or  omissions  if  such  acts  or  omissions  cause  or  contribute  to 
cause  such  injury,  death,  damage  or  loss. 


268  Chapter  188  [1955 

2.     Takes    Effect.       This   act   shall    take    effect   upon    its 
passage. 
[Approved  June  9,  1955.] 


CHAPTER  188. 

AN  ACT  RELATIVE  TO  THE  PAYMENT  OF  FOREST  FIRE  EXPENSES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Genei^al  Court  convened: 

1.  Forest  Fire  Bills.  Amend  chapter  233  of  the  Revised 
Laws  (chapter  224,  RSA)  by  inserting  after  section  31  the 
follov^ing  new  sections.  31-a.  Payment  by  the  State.  When, 
in  the  opinion  of  the  state  forester,  the  expenses  of  fighting 
forest  and  brush  fires  in  towns,  and  other  expenses  lawfully 
incurred  by  wardens  and  deputy  wardens  of  said  towns  in  pre- 
venting forest  fires,  shall  exceed  an  amount  equal  to  one-half 
of  one  per  cent  of  the  latest  equalized  locally  assessed  valua- 
tion on  such  municipality,  the  state  may  pay  such  bills  in  the 
first  instance.  31-b.  Bills  Submitted.  The  town  forest  fire 
warden  shall  submit  all  bills  for  payment  to  the  state  forester, 
certifying  thereon  that  the  bills  were  lawfully  incurred  and  a 
proper  charge.  31-c.  Approval  by  State  Forester.  Upon  re- 
ceipt by  him  of  said  bills,  the  state  forester  shall  approve  said 
bills  and  forward  them  for  payment  to  the  state  treasurer.  The 
governor  shall  draw  his  warrant  on  the  state  treasury  from 
money  in  the  treasury  not  otherwise  appropriated  for  the  pay- 
ment of  said  bills.  31-d.  Recovery  by  State.  The  state 
forester  shall  thereafter  bill  the  responsible  municipality  for 
its  proportionate  share  of  said  fire  expenses  together  with  any 
amounts  found  by  the  state  forester  to  be  in  excess  of  the  rates 
established  by  the  forestry  and  recreation  commission  and  the 
state  forester  as  provided  in  section  24.  Upon  receipt  of  the 
bill  the  municipality  shall  forthwith  reimburse  the  state  for  the 
amount  therein  specified. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  9,  1955.] 


1955]  Chapters  189,  190  269 

CHAPTER  189. 

AN  ACT  RELATIVE  TO  REIMBURSEMENT  OF  MUNICIPALITIES 
FOR  FOREST  FIRE  EXPENSES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Reimbursement  of  Municipalities.  Amend  section  27  of 
chapter  233  of  the  Revised  Laws  (section  19,  chapter  224, 
RSA)  by  striking  out  said  section  and  inserting-  in  place  there- 
of the  following:  27.  State's  Portion.  A  duplicate  bill,  show- 
ing that  the  same  has  been  audited  and  paid  by  the  town,  shall 
be  filed  by  the  selectmen  or  the  mayor  with  the  state  forester, 
who,  if  he  finds  the  same  to  be  reasonable,  shall  forward  it  to 
the  state  treasurer  with  his  approval,  and  the  governor  shall 
draw  his  warrant  on  the  state  treasury  in  favor  of  said 
town  for  the  portion  of  said  bill  for  which  the  state  is 
liable  in  accordance  with  the  provisions  herein,  from  any 
money  in  the  treasury  not  otherwise  appropriated;  the  state, 
however,  shall  not  reimburse  municipalities  or  unorganized 
places  at  a  rate  in  excess  of  that  established  from  time  to  time 
by  the  commission  and  the  state  forester. 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1955. 

[Approved  June  9,  1955.] 


CHAPTER  190. 

AN  ACT  RELATIVE  TO  THE  STORING  OF  EXPLOSIVES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Repeal.  Sections,  1,  2,  3,  4,  5,  6,  7,  8,  10,  13  and  14  of 
chapter  177  of  the  Revised  Laws  (sections  1,  2,  3,  4,  5,  6,  7,  8, 
10,  13  and  14,  chapter  158,  RSA)  are  hereby  repealed. 

2.  Explosives.  Amend  section  9  of  chapter  177  of  the  Re- 
vised Laws  (section  9,  chapter  158,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  9. 
Possession  of  Explosives.  No  person  shall  leave,  deposit  or 
liave  in  his  custody  or  possession  in  any  building  used  in  whole 


270  Chapter  190  [1955 

or  in  part  as  a  dwelling  house,  tenement  house,  apartment 
building,  office  building,  shop  or  store,  or  in  or  within  five  hun- 
dred feet  of  any  building  used  in  whole  or  in  part  as  a  school, 
theater,  church,  public  building  or  other  place  of  public 
assembly,  any  high  explosive,  such  as  and  including  dynamite, 
any  explosive  compound  of  which  nitroglycerine  forms  a  part, 
fulminate  in  bulk  or  dry  condition,  blasting  caps,  detonating 
fuses,  black  powder  or  other  similar  explosive,  except  as  may 
be  permitted  by  regulations  issued  pursuant  to  chapter  175-A 
of  the  Revised  Laws,  as  inserted  by  chapter  251,  Laws  of  1947. 
Any  person  violating  the  provisions  of  this  section  shall  be 
fined  not  more  than  five  hundred  dollars. 

3.  Transportation.  Amend  section  11  of  chapter  177  of  the 
Revised  Laws  (section  11,  chapter  158,  RSA)  by  inserting 
after  the  words  "for  hire"  in  lines  4  and  5  the  words,  by  rail- 
road or  on  the  public  waters  of  the  state,  so  that  said  section 
as  amended  shall  read  as  follows:  11.  With  Passengers. 
It  shall  be  unlawful  to  transport,  carry  or  convey,  from  one 
place  to  another  in  this  state,  any  dynamite,  gunpowder  or 
other  explosive  on  any  vessel  or  vehicle  of  any  description 
operated  by  a  common  carrier,  which  vessel  or  vehicle  is  carry- 
ing passengers  for  hire  by  railroad  or  on  the  public  waters  of 
the  state;  provided,  that  it  shall  be  lawful  to  transport  on  any 
such  vessel  or  vehicle  small  arms  ammunition  in  any  quantity, 
and  such  fuses,  torpedoes,  rockets  or  other  signal  devices  as 
may  be  essential  to  promote  safety  in  operation,  and  properly 
packed  and  marked  samples  of  explosives  for  laboratory  ex- 
amination, not  exceeding  a  net  weight  of  one-half  pound  each, 
and  not  exceeding  twenty  samples  at  one  time  in  a  single  vessel 
or  vehicle;  but  such  samples  shall  not  be  carried  in  that  part 
of  a  vessel  or  vehicle  which  is  intended  for  transportation  of 
passengers  for  hire.  Nothing  in  this  section  shall  prevent  the 
transportation  of  military  or  naval  forces  with  their  accom- 
panying munitions  of  war  on  passenger  equipment  vessels  or 
vehicles. 

4.  Public  Utilities  Commission.  Amend  section  12  of  chap- 
ter 177  of  the  Revised  Laws,  as  amended  by  section  1,  chapter 
203,  Laws  of  1951  (section  12,  chapter  158,  RSA)  by  inserting 
after  the  word  "carriers"  in  line  8  the  words,  by  rail  and  water, 
and  further  amend  by  striking  out  the  words  "by  land"  in 


1955]  Chapter  190  271 

line  9,  so  that  said  section  as  amended  shall  read  as  follows: 
12.  Regulations.  The  public  utilities  commission  shall  formu- 
late regulations  for  the  safe  transportation  of  explosives  in 
accordance  with  the  best  known  practicable  means  for  securing 
safety  in  transit,  covering  the  packing,  marking,  loading, 
handling  while  in  transit  and  the  precautions  necessary  to  de- 
termine whether  the  material  when  offered  is  in  proper  condi- 
tion to  transport.  Such  regulations,  and  all  changes  or  modifi- 
cations thereof,  shall  take  effect  ninety  days  after  their  publi- 
cation by  said  commission,  and  shall  then  be  binding  upon  all 
common  carriers  by  rail  and  water  engaged  in  intrastate  com- 
merce. 

5.  Exceptions.  Amend  paragraph  II  of  section  47  of  chap- 
ter 119  of  the  Revised  Laws  (section  76,  chapter  263,  RSA) 
by  striking  out  the  same  and  inserting  in  place  thereof  the 
following:  11.  Blasting  Caps.  Detonators,  blasting  caps  or 
other  dangerous  devices  used  to  set  off  dynamite  and  other  ex- 
plosives shall  not  be  carried  in  the  same  vehicle  with  said 
explosives  except  as  follows :  Blasting  caps  and  electric  blast- 
ing caps  may  be  transported  in  the  same  motor  vehicle  with 
dynamite  when  the  net  weight  of  the  dynamite  does  not  exceed 
five  thousand  pounds,  provided  that  such  blasting  caps  are 
packed  in  an  outside  box  made  of  one  inch  lumber  lined  with 
suitable  padding  material  not  less  than  one-half  inch  thick  or 
in  an  outside  box  made  of  not  less  than  twelve  gauge  sheet 
metal  lined  with  plywood  or  other  suitable  material  not  less 
than  three-eighths  inches  thick,  so  that  no  metal  is  exposed. 
Such  boxes  shall  have  hinged  covers  and  fastening  devices. 

6.  Definition.  Amend  section  1  of  chapter  175-A  of  the 
Revised  Laws,  as  inserted  by  chapter  251  of  the  Laws  of  1947 
(section  1,  chapter  153,  RSA)  by  adding  at  the  end  thereof 
the  following  new  paragraph:  VII.  The  word  "explosives" 
shall  mean  any  chemical  compound,  mixture  or  device,  the 
primary  or  common  purpose  of  which  is  to  function  by  ex- 
plosion, i.e.,  with  substantially  instantaneous  release  of  gas  or 
heat. 

7.  Board  of  Fire  Control.  Amend  section  4  of  chapter 
175-A  of  the  Revised  Laws,  as  inserted  by  chapter  251  of  the 
Laws  of  1947  (section  4,  chapter  153,  RSA)  by  inserting  after 
the  word  "matters"  in  line  6  the  words,  for  supervising  and 


272  Chapter  190  [1955 

enforcing  all  laws  of  the  state  relative  to  the  storage,  handling 
and  transportation  of  explosives,  so  that  said  section  as 
amended  shall  read  as  follows :  4.  Powers.  The  board  shall 
have  vested  therein  the  management,  supervision  and  direction 
of  the  duties  and  responsibilities  as  provided  herein,  except 
as  limited  by  existing  law  or  laws.  It  shall  be  responsible  for 
supervising  and  enforcing  all  laws  of  the  state  relative  to  the 
protection  of  life  and  property  from  fire,  fire  hazards  and  re- 
lated matters,  for  supervising  and  enforcing  all  laws  of  the 
state  relative  to  the  storage,  handling  and  transportation  of 
explosives,  and  shall  assist  the  several  counties,  cities,  towns, 
village  districts  and  precincts  in  supervising  and  enforcing 
local  laws,  by-laws  and  ordinances  where  existent,  relative  to 
(a)  the  prevention  of  fires;  (b)  the  storage,  sale  and  use  of 
combustibles  and  explosives;  (c)  the  installation  and  mainte- 
nance of  automatic  or  other  fire  alarm  systems  and  fire  ex- 
tinguishing equipment;  (d)  the  construction,  maintenance  and 
regulation  of  fire  escapes ;  (e)  the  means  and  adequacy  of  exit, 
in  case  of  fire,  from  factories,  asylums,  hotels,  hospitals, 
churches,  schools,  halls,  theatres,  amphitheaters,  and  all  other 
places  in  which  numbers  of  persons  work,  live  or  congregate 
from  time  to  time  for  any  purpose;  and  (f)  the  investigation 
of  the  cause,  origin  and  circumstances  of  fires,  and  (g)  the 
transportation,  storage  and  physical  handling  of  flammable 
liquids  which  such  board  believes  dangerous  to  the  lives  or 
safety  of  the  citizens  of  the  state.  It  shall  be  the  duty  and  re- 
sponsibility of  the  board  to  coordinate  the  activities  of  its 
office  with  duly  authorized  city,  town,  and  village  district,  fire 
and  building  department  officials  and  other  state  and  local 
agencies  required  and  authorized  by  state  statutes  or  local 
ordinances  to  develop  or  enforce  fire  safety  regulations.  It  shall 
further  be  the  duty  and  responsibility  of  the  board  to  assist, 
cooperate  with,  advise  and  counsel  the  associate  advisors  in 
the  organization  and  efficient  operation  of  fire  departments  and 
other  fire  protection  organizations. 

8.  Requirement.  Amend  section  5  of  chapter  175-A  of  the 
Revised  Laws,  as  inserted  by  chapter  251  of  the  Laws  of  1947 
and  as  amended  by  chapter  141  of  the  Laws  of  1949  (section  5, 
chapter  153,  RSA)  by  inserting  in  line  14  after  the  word 
"hazards"  the  words,  and  for  the  storage,  handling  and  trans- 
portation of  explosives,  and  further  amend  said  section  by  add- 


1955]  Chapter  190  273 

ing  at  the  end  of  said  section  the  following :  Such  rules  and 
regulations  shall  not  apply  to  the  storage,  handling  and  trans- 
portation of  explosives  which  conform  to  the  laws  of  the  United 
States  or  to  regulations  issued  by  any  agency  or  administrative 
board  of  the  United  States.  The  application  of  such  rules  and 
regulations  to  installations,  plants  or  equipment  shall  be  limited 
to  subsequent  construction,  remodeling  or  replacement  of  in- 
stallation, plants  and  equipment  and  shall  not  apply  to  existing 
installations,  plants  or  equipment  otherwise  covered  thereby  un- 
less the  board  of  fire  control  shall  find  that  the  continuation 
thereof  is  inimical  to  the  public  welfare  and  safety  and  requires 
immediate  correction,  so  that  said  section  as  amended  shall  read 
as  follows :  5.  Rules  and  Regulations.  The  board  is  also  em- 
powered to  adopt  and  promulgate  reasonable  standard  rules 
and  regulations  for  the  effective  administration  of  the  board, 
and  to  adopt  and  promulgate  such  reasonable  standard  rules 
and  regulations  to  accomplish  the  intent  and  purposes  of  this 
chapter  as  it  shall  deem  necessary,  not  inconsistent  with  the 
provisions  hereof  or  any  law  of  this  state.  Such  rules  and 
regulations  shall  be  adopted  only  after  public  hearing,  notice 
of  which  shall  be  published  in  a  paper  of  general  circulation  in 
the  state  at  least  fifteen  days  before  holding  such  hearing.  The 
rules  authorized  hereunder  shall  be  in  accordance  with  estab- 
lished practicable  means  for  securing  safety  to  persons  and 
property  from  fire  or  fire  hazards,  and  for  the  storage,  handling 
and  transportation  of  explosives,  and  shall  not  be  discrimina- 
tory in  respect  to  persons  engaged  in  like  or  similar  businesses 
or  industries.  Notice  containing  a  general  statement  of  the  con- 
tents of  such  rules  and  regulations  adopted  by  the  board  shall 
be  published  at  least  twice  in  some  newspaper  of  general  circu- 
lation in  the  state,  if  their  application  is  general,  or  in  some 
newspaper  of  local  circulation,  if  their  application  is  local,  as 
provided  in  section  12,  together  with  information  as  to  where 
the  full  text  of  such  rules  and  regulations  may  be  obtained  by 
any  person,  and  the  board  shall  also  give  notice  thereof  by 
registered  mail  to  each  person  interested  therein  who  shall 
have  registered  with  the  board  his  name  and  address  with  a 
request  to  be  so  notified,  and  such  rules  and  regulations  shall 
become  effective  upon  such  date  subsequent  to  the  published 
notice,  and  notice  to  interested  persons,  required  hereunder  as 
may  be  specified  by  the  board  therein.  Such  rules  and  regula- 
tions  shall   not    apply  to  the   storage,   handling  and   trans- 


274  Chapter  190  [1955 

portation  of  explosives  which  conform  to  the  laws  of  the 
United  States  or  to  regulations  issued  by  any  agency  or  ad- 
ministrative board  of  the  United  States.  The  application  of  such 
rules  and  regulations  to  installations,  plants  or  equipment  shall 
be  limited  to  subsequent  construction,  remodeling  or  replace- 
ment of  installations,  plants  and  equipment  and  shall  not  apply 
to  existing  installations,  plants  or  equipment  otherwise  covered 
thereby  unless  the  board  of  fire  control  shall  find  that  the  con- 
tinuation thereof  is  inimical  to  the  public  welfare  and  safety 
and  requires  immediate  correction. 

9.  Buildings  and  Premises.  Amend  paragraph  I  of  section 
12  of  chapter  175-A  of  the  Revised  Laws,  as  inserted  by 
chapter  251  of  the  Laws  of  1947  (section  14,  chapter  153, 
RSA)  by  inserting  in  line  6  after  the  word  "promulgate" 
the  words,  in  addition  to  the  rules  and  regulations  which  it 
shall  adopt  pursuant  to  section  5  of  this  chapter;  further 
amend  said  paragraph  by  striking  out  the  words  "gun 
powder,  dynamite"  in  line  9,  and  by  striking  out  the  words 
"torpedoes  or  any  explosives  of  a  like  nature,  or  any  other 
explosives,  including  fireworks  and  firecrackers"  in  lines  10, 
11  and  12,  so  that  said  paragraph  as  amended  shall  read  as 
follows:  I.  For  cities,  towns,  village  districts  and  precincts 
not  having  local  laws  and  ordinances,  and  those  cities,  towns, 
village  districts  and  precincts  whose  existent  laws  and  ordi- 
nances do  not  afford  the  necessary  fire  safety  measures,  the 
board  shall  make  and  promulgate,  in  addition  to  the  rules  and 
regulations  which  it  shall  adopt  pursuant  to  section  5  of  this 
chapter,  reasonable  rules  and  regulations  for  the  keeping, 
storage,  use,  manufacture,  sale,  handling,  transportation  or 
other  disposition  of  highly  flammable  materials  and  rubbish, 
explosive  or  flammable  fluids  or  compounds,  tablets,  and  may 
prescribe  the  materials  and  construction  of  receptacles  and 
buildings  to  be  used  for  any  of  the  said  purposes.  These  rules 
shall  apply  to  the  construction  or  remodeling  of  buildings  and 
plants  for  flammable  liquids  and  shall  apply  to  new  installation 
of  and  replacement  of  equipment  for  flammable  liquids.  These 
rules  shall  also  apply  to  existing  buildings,  plants  or  equip- 
ment, which  were  not  previously  but  are  hereafter  used  for 
flammable  liquids,  but  shall  not  apply  to  existing  buildings, 
plants,  structures  or  equipment  now  used  for  flammable  liquids 
unless  the  state  board  shall  determine  the  conditions  constitute 


1955]  Chapter  191  275 

a  fire  hazard.  These  rules  shall  be  adopted  in  conformity  with 
the  procedure  set  forth  in  section  5  and  shall  be  subject  to 
judicial  review  as  provided  in  section  6.  Any  city,  town,  village 
district  and  precinct  may  adopt  the  rules  and  regulations  of  the 
board,  by  reference  thereto,  as  a  part  of  its  local  laws  and 
ordinances. 

10.     Takes   Effect.      This   act    shall   take   effect    upon   its 
passage. 
[Approved  June  9,  1955.] 


CHAPTER  191. 


AN  ACT  RELATIVE  TO  THE  CONSTRUCTION  AND  INSPECTION  OF 
PUBLIC  BUILDINGS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Co^irt  convened: 

1.  Construction  Standards.  All  new  construction  of 
schools,  halls,  theatres  or  other  public  buildings  in  which  more 
than  one  hundred  people  can  be  assembled  shall  conform  to  the 
National  Building  Code  as  recommended  by  the  National  Board 
of  Fire  Underwriters  and  described  as,  "an  ordinance  provid- 
ing for  fire  limits  and  regulations  governing  the  construction, 
alteration,  equipment  or  removal  of  buildings  or  structures." 

2.  Permit  Required.  Prior  to  starting  new  construction  of 
schools,  halls,  theatres  or  other  public  buildings  in  which  more 
than  one  hundred  people  can  be  assembled  the  person  or  per- 
sons responsible  for  such  construction  shall  obtain  a  permit 
signed  by  the  fire  chief  or,  in  towns  having  no  fire  chief,  by  the 
board  of  selectmen. 

3.  Exceptions.  The  provisions  of  this  act  shall  not  apply 
within  cities  or  towns  maintaining  their  own  building  inspection 
service  and  having  a  building  code  which  is  not  less  compre- 
hensive than  the  National  Building  Code  with  respect  to  pro- 
visions for  the  public  safety. 

4.  Inspection  of  State  Buildings.  The  state  fire  marshal 
and  the  commissioner  of  public  works  and  highways  shall  pro- 


276  Chapter  192  [1955 

vide  for  safety  inspection  of  all  public  buildings  owned  by  the 
state. 

5.    Takes    Effect.      This    act    shall   take    effect   upon   its 
passage. 
[Approved  June  9,  1955.] 


CHAPTER  192. 


AN  ACT  RELATING  TO  THE  PRESERVATION  OF  PRIVATE  BUSINESS 

RECORDS  AND  TO  MAKE  UNIFORM  THE  LAW  WITH 

REFERENCE  THERETO. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  New  Chapter.  Amend  the  Revised  Laws  by  inserting 
after  chapter  255  (chapter  332,  RSA)  the  following  new 
chapter: 

Chapter  255-A 

Uniform  Preservation  of  Private 

Business  Records  Act. 

1.  Definitions.  As  used  in  this  chapter  "business"  in- 
cludes every  kind  of  private  business,  profession,  occupation, 
calling  or  operation  of  private  institutions,  whether  carried  on 
for  profit  or  not. 

"Person"  means  an  individual,  partnership,  corporation, 
or  any  other  association. 

"Records"  or  "business  records"  include  books  of  account, 
vouchers,  documents,  cancelled  checks,  payrolls,  correspond- 
ence, records  of  sales,  personnel,  equipment  and  production,  re- 
ports relating  to  any  or  all  such  records,  and  other  business 
papers. 

"Reproduction"  means  a  reproduction  or  durable  medium 
for  making  a  reproduction  obtained  by  any  photographic, 
photostatic,  microfilm,  microcard,  miniature  photographic  or 
other  process  which  accurately  reproduces  or  forms  a  durable 
medium  for  so  reproducing  the  original. 

2.  Destruction  of  Records.  Unless  a  specific  period  is 
designated  by  law  for  their  preservation,   business  records 


1955]  Chapter  193  277 

which  persons  by  the  laws  of  this  state  are  required  to  keep 
or  preserve  may  be  destroyed  after  the  expiration  of  three 
years  from  the  making  of  such  records  without  constituting 
an  offense  under  such  laws.  This  section  does  not  apply  to 
minute  books  of  corporations  nor  to  records  of  sales  or  other 
transactions  involving  weapons,  poisons  or  other  dangerous 
articles  or  substances  capable  of  use  in  the  commission  of 
crimes. 

3.  Reproductions.  If  in  the  regular  course  of  business  a 
person  makes  reproductions  of  original  business  records,  the 
preservation  of  such  reproductions  constitutes  compliance  with 
any  laws  of  this  state  requiring  that  business  records  be  kept 
or  preserved. 

4.  Application.  Nothing  in  this  chapter  shall  be  con- 
strued to  diminish  the  authority  of  an  officer  of  this  state 
under  existing  law  to  permit  the  destruction  of  business 
records. 

5.  Construction.  This  chapter  shall  be  so  interpreted 
and  construed  as  to  effectuate  its  general  purpose  to  make  uni- 
form the  law  of  those  states  which  enact  it ;  but  it  shall  not  be 
interpreted  and  construed  as  requiring  the  preservation  of 
business  records  for  any  longer  period  than  they  are  now  re- 
quired by  law  to  be  preserved. 

6.  Title.  This  chapter  may  be  cited  as  the  Uniform 
Preservation  of  Private  Business  Records  Act. 

2.    Takes   Effect.       This   act   shall   take   effect   upon   its 
passage. 
[Approved  June  9,  1955.] 


CHAPTER  193. 

AN  ACT  RELATIVE  TO  THE  PAYMENT  OF  MOTOR  ROAD  TOLLS 

BY  COUNTIES,  AND  REPORTS  TO  THE  MOTOR  VEHICLE 

COMMISSIONER  ON  SALE  OF  MOTOR  FUEL 

FOR  BOATS. 

Be  it  eTiacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Road  Toll.     Amend  paragraph  I  of  section  16  of  chapter 


278  Chapter  193  [1955 

120  of  the  Revised  Laws,  as  amended  by  chapter  65  of  the  Laws 
of  1943  and  chapter  277,  Laws  of  1947  (paragraph  I,  section  19, 
chapter  265,  RSA)  by  inserting  after  the  word  "town"  in  the 
fifth  line  the  words,  county  farm,  so  that  said  paragraph  as 
amended  shall  read  as  follows :  I.  Any  person  who  shall  use 
any  motor  fuel,  with  respect  to  which  the  road  toll  herein  im- 
posed has  been  paid,  in  any  way  other  than  in  motor  vehicles 
for  the  purpose  of  generating  power  for  the  propulsion  thereof 
upon  the  public  highways,  or  any  city,  town,  county  farm, 
school  district  or  village  district  which  shall  use  any  motor 
fuel  in  its  own  vehicles,  or  any  dealer  who  shall  make  sales 
specified  in  paragraphs  (a),  (b)  and  (c)  of  section  3  of  this 
chapter,  shall  be  entitled  to  a  refund  to  the  extent  of  the 
amount  of  said  tolls  so  paid,  with  respect  to  such  motor  fuel. 
The  right  to  receive  any  refund  under  the  provisions  of  this 
section  shall  not  be  assignable  and  any  assignment  thereof 
shall  be  void.  Nor  shall  any  payment  thereof  be  made  to  any 
person  other  than  the  original  person  entitled  thereto  using 
or  selling  motor  fuel  as  hereinabove  in  this  section  set  forth. 

2.  Boats.  Amend  chapter  22  of  the  Revised  Laws  by  in- 
serting after  section  41  as  inserted  by  section  4  of  chapter  65 
of  the  Laws  of  1943  and  as  amended  by  section  1  of  chapter 
292  of  the  Laws  of  1947  (chapter  265,  RSA)  the  following  new 
section:  42.  Reports.  Persons  selling  and  delivering  motor 
fuel  into  the  fuel  tanks,  or  supplementary  fuel  tanks,  of  boats 
or  outboard  motors  shall  make  such  reports  with  respect  to 
such  sales  to  the  motor  vehicle  commissioner  as  the  commis- 
sioner shall  deem  necessary  for  the  administration  of  section 
41  and  shall  by  regulation  prescribe.  Any  such  person  who  shall 
fail  to  make  a  report  so  required  shall  be  fined  not  more  than 
one  hundred  dollars. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  9,  1955.] 


1955]  Chapters  194,  195  279 

CHAPTER  194. 

AN    ACT  RELATIVE   TO  CHANGE  OF   CLASSIFICATION   OF  ROAD 
IN  THE  TOWN  OP  GiLMANTON. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Conrt  convened: 

1.  Change  in  Classification.  The  class  II  road  being  a  part 
of  route  129  from  route  107  at  Kelly's  Corner  to  the  village  of 
Gilmanton  Iron  Works  shall  hereafter  be  classified  as  a  class  V. 
highway. 

2.  Transfer  of  Funds.  The  sum  that  has  been  apportioned 
by  the  state  for  the  construction  of  the  above  named  road  as  a 
secondary  highway  together  with  the  amount  contributed  by 
the  town  shall  be  transferred  to  the  town  road  aid  account  for 
the  town  of  Gilmanton  and  made  available  for  expenditure  on 
this  highway  and  expended  under  the  supervision  of  the  com- 
missioner of  public  works  and  highways. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  9,  1955.] 


CHAPTER  195. 

AN  ACT  RELATING  TO  GROUP  LIFE  INSURANCE  FOR  SHARE 
HOLDERS  IN  CREDIT  UNIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Group  Life  Insurance.  Amend  section  14-a  of  chapter 
327  of  the  Revised  Laws,  as  inserted  by  chapter  175,  Laws  of 
1947  (section  15,  chapter  408,  RSA)  as  amended  by  section  1, 
chapter  79,  Laws  of  1955,  by  inserting  at  the  end  thereof,  the 
following:  (6)  A  policy  issued  to  a  credit  union,  which  shall 
be  deemed  the  policyholder,  to  insure  members  of  such  credit 
union  for  the  benefit  of  persons  other  than  the  credit  union  or 
any  of  its  officials  subject  to  the  following  requirements:  (a) 
The  members  eligible  for  insurance  shall  be  all  of  the  members 
of  the  credit  union,  or  all  of  any  class  or  classes  thereof  de- 


280  Chapter  195  [1955 

termined  bj''  conditions  pertaining  to  membership  in  the  credit 
union,  (b)  The  premium  for  the  policy  shall  be  paid  by  the 
policyholder,  either  wholly  from  the  credit  union  funds,  or 
partly  from  such  funds  and  partly  from  funds  contributed  by 
the  insured  members  specifically  for  their  insurance,  or  wholly 
from  funds  contributed  by  the  insured  members  specifically  for 
their  insurance.  A  policy  on  which  all  or  a  part  of  the  premium 
is  to  be  derived  from  funds  contributed  by  the  insured  mem- 
bers specifically  for  their  insurance  may  be  placed  in  force  only 
if  at  least  seventy-five  per  cent  of  the  then  eligible  members, 
excluding  any  as  to  whom  evidence  of  individual  insurability 
is  not  satisfactory  to  the  insurer,  elect  to  make  the  required 
contributions.  A  policy  on  which  no  part  of  the  premium  is  to 
be  derived  from  funds  contributed  by  the  insured  members 
specifically  for  their  insurance  must  insure  all  eligible  mem- 
bers, or  all  except  any  as  to  whom  evidence  of  individual  in- 
surability is  not  satisfactory  to  the  insurer,  (c)  The  policy 
must  cover  at  least  twenty-five  members  at  date  of  issue,  (d) 
The  amounts  of  insurance  under  the  policy  must  be  based  upon 
some  plan  precluding  individual  selection  either  by  the  mem- 
bers or  by  the  credit  union. 

2.  Credit  Unions.  Amend  subparagraph  (a)  of  the  first 
paragraph  of  section  14-b  of  chapter  327  of  the  Revised  Laws, 
as  inserted  by  chapter  175,  Laws  of  1947  (subparagraph  (a) 
of  the  first  paragraph  of  section  16,  chapter  408,  RSA)  by  in- 
serting after  the  words  "such  creditor"  the  words,  or  policies 
issued  to  a  credit  union  to  insure  members  of  such  credit 
union,  so  that  said  subparagraph  as  amended  shall  read  as 
follows:  (a)  that  provisions  (6)  to  (10)  inclusive  shall  not 
apply  to  policies  issued  to  a  creditor  to  insure  debtors  of  such 
creditor,  or  policies  issued  to  a  credit  union  to  insure  members 
of  such  credit  union. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  9,  1955.] 


1955]  Chapter  196  281 

CHAPTER  196. 

-  AN  ACT  RELATIVE  TO  TAX  EXEMPTION  FOR  CERTAIN  INSTALLA- 
TIONS FOR  WATER  OR  AIR  CONTROL  FACILITIES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Water  or  Air  Pollution  Contix)l  Facilities.  Amend  chap- 
ter I66-A  of  the  Revised  Laws,  as  inserted  by  chapter  183  of 
the  Laws  of  1947,  by  inserting  after  section  4-a,  as  inserted 
by  section  2,  chapter  247,  Laws  of  1949  (section  5,  chapter  149, 
RSA)  the  following  new  sections :  4-b.  Tax  Exemption.  In 
view  of  the  general  public  benefits  resulting  from  the  control 
of  pollution  in  the  surface  waters  or  air  of  the  state  and  to 
further  promote  the  purposes  and  objectives  of  this  chapter, 
any  treatment  facility,  device,  appliance  or  installation 
(whether  consisting  of  real  or  personal  property  or  a  combina- 
tion of  both)  built,  constructed  or  placed  in  operation  by  any 
person,  firm  or  corporation  in  this  state  wholly  or  partly  for 
the  purpose  of  reducing,  controlling  or  eliminating  any  source 
of  pollution  shall  be  exempt  from  taxes  levied  under  chapter 
73  of  the  Revised  Laws  for  a  period  of  twenty-five  years  for 
that  percentage  of  the  valuation  effective  in  the  control  of 
water  or  air  pollution  as  the  commission  shall  determine.  Upon 
such  determination  the  commission  shall  notify  the  municipal- 
ity of  the  percentage  determined  by  it  to  be  subject  to  ex- 
emption from  taxes,  and  the  taxing  officials  shall  thereafter 
reduce  the  assessment  by  a  like  amount.  4-c.  Review.  The 
commission  may  annually  conduct  a  hearing  to  determine  the 
percentage  of  such  facilities  which  is  effective  in  controlling 
pollution,  and  either  the  municipality  or  the  owner  of  the  con- 
trol facility  may  request  a  rehearing  or  appeal  from  such  de- 
termination in  accordance  with  the  provisions  of  chapter  414 
of  the  Revised  Laws. 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  April  1, 
1955. 

[Approved  June  9,  1955.] 


2S2  Chapters  197,  198        "  [1955 

CHAPTER  197. 

AN  ACT  RELATIVE  TO  INVESTIGATION  OF  SUBVERSIVE  ACTIVITIES. 

Be  it  enacted  by  the  Seiiate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Subversive  Investigation.  The  investigation  of  sub- 
versive activities  by  the  attorney  general  provided  for  by 
chapter  307  of  the  Laws  of  1953,  as  continued  by  a  resokition 
approved  January  13,  1955,  is  hereby  continued  in  full  force 
and  effect,  in  form,  manner  and  authority  as  therein  provided 
for  the  further  period  until  June  30,  1957.  The  attorney  general 
shall  report  to  the  general  court  of  1957  the  results  of  this 
further  investigation  together  with  his  recommendations,  if 
any,  for  necessary  legislation.  He  may  at  any  time  during  said 
period  temporarily  or  permanently  conclude  his  investigation 
hereunder  if,  in  his  opinion,  no  useful  public  purpose  would 
be  served  by  continuation  of  the  investigation.  There  is  hereby 
appropriated  for  the  expenses  of  this  continued  investigation 
a  sum  not  to  exceed  forty-two  thousand  five  hundred  dollars, 
which  shall  include  the  cost  of  printing  such  report  as  is  pro- 
vided for  hereby,  but  nothing  herein  contained  shall  limit  the 
power  of  the  attorney  general  to  act  in  cases  of  reasonable 
necessity  under  the  provisions  of  section  11  of  chapter  24  of 
the  Revised  Laws  (section  12,  chapter  7,  RSA).  The  governoi' 
is  hereby  authorized  to  draw  his  warrants  for  the  sum  hereby 
appropriated  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  14,  1955.] 


CHAPTER  198. 


AN  ACT  RELATIVE  TO  INSERTION  OF  NAMES  OF  CERTAIN  VETERANS 
AND  CERTAIN  SERVICEMEN  ON  THE  CHECK-LISTS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Check-lists.     Amend  section  16  of  chapter  32  of  the  Re- 


1055]  Chapter  199  283 

vised  Laws,  as  amended  by  section  5,  chapter  81,  Laws  of  1943 
(section  18,  chapter  55,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  16.  Conclusiveness 
of  List.  All  persons  whose  names  are  entered  upon  the  check- 
list as  thus  corrected  shall  be  deemed  to  be  legal  voters  in  the 
town;  and  no  person  whose  name  is  not  upon  the  list  shall  be 
allowed  to  vote,  unless  it  clearly  appears  that  the  name  of  said 
person  has  been  omitted  from  said  list  by  clerical  eiTor  or  mis- 
take, or  where  the  person  is  a  veteran  or  a  serviceman  on  leave 
who  by  reason  of  such  service  was  not  in  the  town  or  city  of 
his  legal  residence  at  the  time  of  the  last  session  of  the  super- 
visors, and  then  only  by  vote  of  the  majority  of  the  board. 

2,     Takes   Effect.       This   act   shall   take   effect   upon   its 
passage. 
[Approved  June  14,  1955.] 


CHAPTER  199. 


AN  ACT  RELATIVE  TO  ERECTION  OF  SO-CALLED  HISTORICAL 

SIGNS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Co2U't  convened: 

1.  State  Highways.  Amend  part  19,  chapter  90,  Revised 
Laws,  as  inserted  by  chapter  188,  Laws  of  1945  (chapter  249, 
RSA)  and  as  amended  by  chapter  135,  Laws  of  1955,  by  in- 
serting at  the  end  thereof  the  following  new  subdivision : 

Marking  the  Location  of  Historic  Incidents  on 
State  Highways 
40.  Authority  for  Erection.  The  commissioner  of  public 
works  and  highways  may  on  his  own  motion  or  shall,  upon 
petition  of  twenty  or  more  citizens  of  the  state,  erect,  within 
the  right-of-way  of  any  class  T,  II  or  III  highway,  signs  for  the 
purpose  of  indicating  the  occurrence  of  historic  events,  at  an 
expense  not  to  exceed  five  hundred  dollars  per  year.  Prior  to 
the  erection  of  any  such  signs  the  commissioner  shall  consult 
and  secure  the  approval  of  the  board  established  by  section  41, 
as  hereinafter  provided.  Nothing  herein  shall  be  construed  to 


284  Chapter  200  [1955 

permit  the  erection  of  signs  which  will  interfere  with  the 
reasonable  use  of  said  highways. 

41.  Board  Established.  There  shall  be  a  board  of  five 
members  consisting  of  the  state  librarian,  one  member  of  the 
planning  and  development  commission  designated  by  the  com- 
mission, the  director  of  the  recreation  division  of  the  forestry 
and  recreation  commission,  one  member  from  the  New  Hamp- 
shire Historical  Society  designated  by  the  society,  and  the 
secretary  of  state  whose  duty  it  shall  be  to  consult  with  the 
commissioner  of  public  works  and  highways  and  to  approve  the 
wording  on,  and  the  location  of,  signs  commemorating  historic 
events.  Said  board  shall  make  such  investigation  as  may  be 
necessary  to  ascertain  the  facts  relative  to  said  events  and  the 
correctness  of  the  location  where  the  signs  are  to  be  erected. 
Said  board  shall  serve  without  compensation  or  reimbursement 
for  services. 

42.  Expenditures.  The  expense  of  the  erection  of  signs 
as  provided  in  this  subdivision  shall  be  a  charge  upon  the  high- 
way funds.  Provided  that  nothing  herein  shall  be  construed  to 
prohibit  the  commissioner  from  accepting  grants  from  inter- 
ested persons  which  grants  shall  be  applied  to  the  expense  of 
said  signs. 

2.    Takes    Effect.       This   act   shall   take    effect   upon   its 
passage. 
[Approved  June  14,  1955.] 


CHAPTER  200. 


AN  ACT  RELATIVE  TO  PURCHASES  BY  THE  DIRECTOR  OF 
PURCHASE  AND  PROPERTY. 

Be  it  enacted,  by  the  Senate  and  House  of  Representatives  in 

General  Court  convened: 

1.  Director  of  Purchase  and  Property.  Amend  section  6 
of  chapter  14- A  of  the  Revised  Laws,  as  inserted  by  chapter 
227,  Laws  of  1949,  (section  24,  chapter  8,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  6. 
Non-Competitive   Purchases.     Except  where  competitive  bid- 


1955]  Chapter  201  285 

ding  has  been  employed,  no  purchase  involving  an  expenditure 
of  three  hundred  dollars  or  more  shall  be  made  by  the  director 
of  purchase  and  property  without  the  written  approval  of  the 
comptroller.  In  requesting  such  approval  the  director  of  pur- 
chase and  property  shall  first  state  in  writing  his  reasons  for 
not  employing  competitive  bidding.  If  the  comptroller  refuses 
to  approve  any  such  non-competitive  purchase,  the  director  of 
purchase  and  property  may  appeal  to  the  governor  for  such 
approval  and  the  governor  shall  approve  or  disapprove  such 
purchase  in  writing. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  20,  1955.] 


CHAPTER  201. 


AN  ACT  RELATIVE  TO   EMERGENCY   PURCHASES  BY  THE 
DIVISION  OF  PURCHASE  AND  PROPERTY. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  State  Purchases.  Amend  paragraph  (e)  of  section  5  of 
chapter  14-A  of  the  Revised  Laws  as  inserted  by  chapter  21, 
Laws  of  1943,  and  as  amended  by  section  1,  chapter  227,  Laws 
of  1949  and  chapter  53,  Laws  of  1951  (paragraph  XV  of  sec- 
tion 19,  chapter  8,  RSA)  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following:  (e)  require  com- 
petitive bidding  before  making  any  purchase  for  the  state  pur- 
suant to  the  provisions  of  this  chapter,  except  (1)  when  the 
purchase  involves  a  total  expenditure  of  less  than  three  hun- 
dred dollars,  and  when  the  best  interests  of  the  state  would 
be  served  thereby,  (2)  when,  after  reasonable  investigation  by 
t?ie  director  of  purchase  and  property,  it  appears  that  any  re- 
quired unit  or  item  of  supply,  or  brand  of  such  unit  or  item, 
is  procurable  by  the  state  from  only  one  source,  (3)  when, 
after  reasonable  investigation  by  the  director  of  purchase  and 
property,  it  appears  that  any  required  service,  unit  or  item  of 
supply,  or  brand  of  such  unit  or  item,  has  a  fixed  market  price 
at  all  sources  available  to  the  state,  (4)  when,  in  the  opinion  of 


286  Chapter  202  [1955 

the  governor,  an  emergency  exists  of  a  nature  which  requires 
the  immediate  procurement  of  supplies,  he  may  authorize  the 
director  of  purchase  and  property  to  make  a  purchase  without 
competitive  bidding;  and  provided  further,  that  where  the 
rates  filed  with  and  approved  by  the  insurance  commissioner 
are  uniform,  the  purchase  of  state  insurance  and  public  state 
official  and  employee  bonds  are  specifically  excluded  from  com- 
petitive bidding  as  to  price.  Provided,  however,  that  nothing 
herein  contained  shall  preclude  the  director  of  purchase  and 
property  from  inviting  plans  of  insurance  coverage  from  any 
resident  licensed  insurance  agent, 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  20,  1955.] 


CHAPTER  202. 


AN  ACT  RELATIVE  TO  PRIOR  SERVICE  CREDITS  FOR 
STATE  OFFICIALS  AND  EMPLOYEES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  State  Officials  and  Employees.  Amend  chapter  243  of 
the  Laws  of  1947  (chapter  99,  RSA)  by  inserting  after  sec- 
tion 5  thereof  the  following  new  section :  5-a.  Limited  Prior 
Service.  Any  person  who  has  been  or  is  caused  to  leave  state 
service  involuntarily  by  reason  of  reduction  in  force  and  who 
returned  or  shall  return  to  state  service  may  for  purposes  of 
future  compensation  only,  count  the  time  of  said  prior  state 
service  as  continuous  with  his  present  service  without  in- 
clusion of  the  intervening  period  of  non-state  employment,  to 
obtain  benefits  provided  under  sections  3  and  4.  This  section 
shall  not  authorize  retroactive  payment  to  persons  now  or  here- 
after in  state  service  affected  hereby  but  shall  provide  credit 
of  such  past  service  for  compensation  subsequent  to  the 
effective  date  of  this  act.  This  section  shall  not  apply  to  per- 
sons who  shall  have  separated  or  separate  from  state  service 
under  other  circumstances. 

2.  Takes  Effect.     This  act  shall  take  effect  July  1,  1955. 
[Approved  June  20,  1955.] 


1955]  Chapter  203  287 

CHAPTER  203. 

AN  ACT  RELATING  TO  THE  ASSESSMENT  OF  THE  EXPENSES  OF  THE 

PUBLIC  UTILITIES  COMMISSION  AGAINST  CERTAIN 

PUBLIC  UTILITIES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Public  Utilities  Commission.  Amend  the  Revised  Laws 
by  inserting  after  chapter  286  (chapter  363,  RSA)  the  follow- 
ing new  chapter: 

Chapter  286-A 

Assessment  of  Expenses  of  Commission 

Against  Certain  Public  Utilities 

1.  Ascertainment  of  Expenses.  The  public  utilities  com- 
mission shall  annually,  after  the  close  of  the  fiscal  year,  ascer- 
tain the  total  of  its  expenses  during  such  year  incurred  in  the 
performance  of  its  duties  relating  to  public  utilities  as  defined 
in  section  2  of  chapter  285  of  the  Revised  Laws  as  inserted  by 
section  9  of  chapter  203  of  the  Laws  of  1951.  In  the  determina- 
tion of  such  expenses,  there  shall  be  excluded  expenses  which 
have  been  or  may  be  charged  and  recovered  under  the  pro- 
visions of  section  37  of  chapter  287  of  the  Revised  Laws  as 
amended  by  section  11  of  chapter  203  of  the  Laws  of  1951. 

2.  Assessment.  The  expenses  thus  ascertained  in  an 
amount  not  exceeding  seventy-five  thousand  dollars,  shall  be 
assessed  against  the  public  utilities  described  in  the  foregoing- 
section  in  the  manner  herein  provided.  The  public  utilities  com- 
mission shall  establish  reasonable  classifications  of  public 
utilities,  and  shall  determine  the  share  of  its  expenses 
attributable  to  each  such  class.  Each  such  share  shall  be 
assessed  against  the  several  public  utilities  comprising  the 
class  in  such  proportion  as  the  public  utilities  commission  shall 
determine  to  be  fair  and  equitable. 

3.  Certification  of  Assessment.  It  shall  be  the  duty  of 
the  public  utilities  commission  to  calculate  the  amount  to  be 
assessed  against  each  such  public  utility  in  accordance  with 
the  foregoing  provisions.  Not  later  than  ninety  days  after  the 
close  of  the  fiscal  year,  the  public  utilities  commission  shall 
make  a  list  showing  the  amount  due  from  each  of  the  several 


288  Chapter  204  [1955 

public  utilities  assessed  under  the  provisions  hereof,  and,  to- 
g-ether with  a  statement  of  the  full  name  and  mailing  address 
of  each  such  public  utility,  shall  certify  the  same  to  the  state 
treasurer. 

4.  Collection.  Forthwith  upon  the  receipt  of  such  list, 
the  state  treasurer  shall  bill  each  public  utility  for  the  amount 
assessed  against  it.  Such  bill  shall  be  sent  registered  mail,  and 
shall  constitute  notice  of  assessment  and  demand  for  payment. 
Payment  shall  be  made  to  the  state  treasurer  within  thirty 
days  after  the  receipt  of  the  bill,  unless  the  public  utility  shall 
within  that  time  file  with  the  commission  its  objection  in  writ- 
ing, setting  out  in  detail  the  grounds  upon  which  it  is  claimed 
that  said  assessment  is  excessive,  erroneous,  unlawful  or  in- 
valid. If  such  objections  be  filed  the  commission,  after  reason- 
able notice  to  the  objecting  public  utility,  shall  hold  a  hearing 
on  such  objections;  and  if  the  commission  find  that  said  assess- 
ment or  any  part  thereof  is  excessive,  erroneous,  unlawful  or 
invalid,  the  commission  shall  reassess  the  amount  to  be  paid 
by  such  public  utility,  and  shall  order  that  an  amended  bill  be 
sent  to  such  public  utility  in  accordance  with  such  reassess- 
ment. After  the  expiration  of  thirty  days  from  receipt  of  an 
original  bill,  or  of  an  amended  bill  if  the  public  utility  shall 
have  filed  objections,  the  state  treasurer  may  commence  an 
action  at  law  for  the  recovery  of  the  assessment. 

2.     Takes  Effect.      This    act    shall    take    effect    upon    its 
passage;  and  its  provisions  shall  apply  to  the  expenses  of  the 
commission  for  the  fiscal  year  ending  June  30,  1955. 
[Approved  June  20,  1955.] 


CHAPTER  204. 


AN  ACT  RELATING  TO  TRANSPORTATION  OF  SCHOOL  CHILDREN 
AND  OPERATORS  OF  SCHOOL  BUSSES. 

Be  it  enacted  by  the  Senate  and  Hotise  of  Representatives  in 
General  Court  convened: 

1.  Commission  of  Motor  Vehicles.  Amend  section  14-a  of 
chapter  119  of  the  Revised  Laws,  as  inserted  by  chapter  90  of 
the  Laws  of  1945,  and  as  amended  by  section  4,  chapter  114, 


1955]  Chapter  205  289 

Laws  of  1949  (section  28,  chapter  263,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following :  ll-a. 
Operator  of  School  Bus.  The  owner  of  any  motor  vehicle 
transporting  ten  or  more  school  children  to  and  from  any 
public  school  or  private  educational  institution  shall  submit  to 
the  authorities  in  the  town  or  city  which  pays  for  said  trans- 
portation a  list  of  the  names  of  the  persons  who  are  to  operate 
the  busses  to  be  used  in  such  transportation.  Such  authority 
shall  make  an  investigation  as  to  the  motor  vehicle  operator's 
record,  character  and  responsibility  of  each  such  person  and  if 
it  finds  him  qualified  to  bear  the  responsibility  of  the  trans- 
portation of  such  children  shall  so  certify,  and  shall  notify  the 
motor  vehicle  commissioner  of  said  certification.  Upon  receipt 
of  such  certification  the  motor  vehicle  commissioner  shall  cause 
said  operator  to  be  examined  as  to  his  qualifications  as  an 
operator  of  school  busses  and  said  commission  may  make 
special  rules  and  regulations  for  such  examination.  No  person 
shall  operate  a  motor  vehicle  transporting  ten  or  more  school 
children  to  or  from  any  such  school  unless  he  has  satisfactorily 
passed  a  special  examination  for  said  operation  and  received 
from  the  commissioner  a  special  certificate  therefor.  The  com- 
missioner may  revoke  such  special  certificate  for  good  cause 
shown. 

2.     Takes  Effect.     This  act  shall  take  effect  as  of  Septem- 
ber 1,  1955. 
[Approved  June  20,  1955.] 


CHAPTER  205. 


an  act  relative  to  regulations  as  to  boating  on 

certain  ponds  in  pillsbury  state  park  and 

Bear  Brook  state  park. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  conveyied: 

1.  Ponds  in  Certain  State  Parks.  Amend  chapter  234  of 
the  Revised  Laws  (chapter  219,  RSA)  by  inserting  after  sec- 
tion 8  thereof  the  following  sew  section:  8-a.  Regulation  of 
Motors.     The  forestry  and  recreation  commission   may  pre- 


290  Chapter  206  [1955 

scribe  such  reasonable  rules  and  regulations  as  to  the  use  of 
boats  propelled  by  any  mechanical  means  on  the  following 
bodies  of  water :  Mill  Pond  and  North  Pond  in  Pillsbury  state 
park  and  Spruce  Pond  and  Bear  Hill  Pond  in  Bear  Brook  state 
park.  Such  regulations  shall  be  posted  at  places  reasonably 
designed  to  acquaint  the  public  contemplating  using  such 
ponds  for  boating  purposes  with  the  prescribed  regulations. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  20,  1955.] 


CHAPTER  206. 


AN  ACT  RELATING  TO  DUTIES  OF  SUPPORT  AND  TO  MAKE  UNIFORM 
THE  LAW  WITH  REFERENCE  THERETO. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Uniform  Duties  of  Support.  Amend  the  Revised  Laws 
by  inserting  after  chapter  420-A,  as  inserted  by  chapter  191, 
Laws  of  1953  (chapter  546,  RSA)  the  following  new  chapter: 

Chapter  420-B 
Uniform  Civil  Liability  of  Support 

1.  Definitions.     As  used  in  this  chapter: 

I.  "State"  includes  any  state,  territory  or  possession 
of  the  United  States,  the  District  of  Columbia  and  the  Common- 
wealth of  Puerto  Rico. 

H.  "Obligor"  means  any  person  owing  a  duty  of 
support. 

HI.  "Obligee"  means  any  person  to  whom  a  duty  of 
support  is  owed. 

IV.  "Child"  means  either  a  natural  or  adopted  child  or 
a  stepchild. 

V.  "Father"  or  "mother"  means  either  a  natural  or 
adopted  father  or  mother  or  a  stepfather  or  stepmother  who 
has  assumed  the  relation  of  a  parent  to  his  or  her  stepchild. 

2.  Liability.     Every  person  whose  income  or  other  re- 


1955]  Chapter  206  291 

sources  are  more  than  sufficient  to  provide  for  his  or  her 
reasonable  subsistence  compatible  with  decency  or  health  owes 
a  duty  to  support  or  contribute  to  the  support  of  his  or  her 
wife,  husband,  child,  father  or  mother  when  in  need. 

3.  Duties  of  Support.  An  obligor  present  or  resident  in 
this  state  has  the  duty  of  support  as  defined  in  this  chapter 
regardless  of  the  presence  or  residence  of  the  obligee. 

4.  Jurisdiction.  The  superior  court  shall  have  juris- 
diction of  all  proceedings  brought  under  this  chapter. 

5.  Amount  of  Support.  When  determining  the  amount 
due  for  support  the  court  shall  consider  all  relevant  factors  in- 
cluding but  not  limited  to:  (a)  the  standard  of  living  and 
situation  of  the  parties ;  (b)  the  relative  wealth  and  income  of 
the  parties;  (c)  the  ability  of  the  obligor  to  earn;  (d)  the 
ability  of  the  obligee  to  earn;  (e)  the  need  of  the  obligee;  (f) 
the  age  of  the  parties ;  (g)  the  responsibility  of  the  obligor  for 
the  support  of  others. 

6.  Modification  of  Order.  The  court  shall  retain  juris- 
diction to  modify  or  vacate  the  order  of  support  where  justice 
requires. 

7.  Enforcement  of  Rights.  The  obligee  may  enforce  his 
right  of  support  against  the  obligor  and  the  state  or  any 
political  subdivision  thereof  may  proceed  on  behalf  of  the 
obligee  to  enforce  his  right  of  support  against  the  obligor. 
Whenever  the  state  or  a  political  subdivision  thereof  furnishes 
support  to  an  obligee,  it  has  the  same  right  as  the  obligee  to 
whom  the  support  was  furnished,  for  the  purpose  of  securing 
reimbursement  and  of  obtaining  continuing  support. 

8.  Appeals.  Appeals  may  be  taken  from  orders  under 
this  chapter  as  in  other  civil  actions. 

9.  Evidence  of  Husband  and  Wife.  Laws  attaching  a 
privilege  against  the  disclosure  of  communications  between 
husband  and  wife  are  inapplicable  under  this  chapter. 

10.  Rights    Additional   to   Those    Now   Existing.     The 

rights  herein  created  are  in  addition  to  and  not  in  substitution 
for  any  other  rights. 

11.  Uniformity  of  Interpretation.     This  chapter  shall  be 


292  Chapter  207  [1955 

so  interpreted  and  construed  as  to  effectuate  its  general  pur- 
pose to  make  uniform  the  law  of  those  states  which  enact  it. 

1,2.    Title.     This  chapter  may  be  cited  as  the  Uniform 
Civil  Liability  of  Support  Act. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  20,  1955.] 


CHAPTER  207. 


AN  ACT  TO  CHANGE  THE  FEES  FOR  THE  LICENSES  AND  PERMITS 
OF  PRACTICAL  NURSES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Changes  in  Fees.  Amend  sections  7,  9,  10  and  11  of 
chapter  257-A,  Revised  Laws,  as  inserted  by  chapter  26,  Laws 
of  1951  (sections  21,  26,  27  and  28,  chapter  326,  RSA)  by  strik- 
ing out  all  of  said  sections  and  inserting  in  place  thereof  the 
following : 

7.  Fees.  Each  person  applying  for  a  license  to  practice 
as  a  licensed  practical  nurse,  or  for  examination  and  such  license 
shall  pay  to  the  commissioner  of  education  a  fee  of  fifteen 
dollars.  The  commissioner  shall  pay  all  fees  so  received  and  all 
fees  from  biennial  permits  to  the  state  treasurer  who  shall  keep 
the  same  in  a  separate  fund  to  be  used  only  for  the  purpose  of 
the  board  of  nursing  education  and  nurse  registration  here- 
under. 

9.  Biennial  Permit  to  Practice.  Any  licensed  practical 
nurse  who  intends  to  engage  in  such  practice  in  this  state 
shall  biennially  before  January  first,  beginning  January  1,  1956, 
file  his  name  and  address  with  the  commissioner  of  education 
and  pay  to  the  commissioner  a  fee  of  three  dollars  whereupon, 
if  he  has  complied  with  the  requirements  of  this  chapter  and 
the  rules  and  regulations  of  the  board,  he  shall  be  granted  a 
permit  which  shall  entitle  him  to  engage  in  such  practice  for 
the  period  ending  December  thirty-first  two  years  hence. 


1955]  Chapter  208  293 

10.  Prohibition.  No  person  shall  claim  to  be  a  licensed 
practical  nurse  in  this  state  unless  he  has  a  valid  license  and 
biennial  permit  to  so  practice.  Provided,  however,  that  nothing 
in  this  act  shall  be  construed  to  prohibit  any  person  from  en- 
gaging in  practice  as  a  practical  nurse  without  such  license  and 
permit  so  long  as  he  does  not  claim  or  represent  himself  to  be 
a  Licensed  Practical  Nurse  nor  use  the  title  Licensed  Practical 
Nurse  or  its  abbreviation,  L.  P.  N. 

11.  False  Representation.  Any  person  who  shall  will- 
fully make  any  false  representation  in  applying  for  a  license  or 
biennial  permit  hereunder  shall  be  fined  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars. 

2.     Takes  Effect.     Section  7  as  amended  shall  take  effect 
upon  the  passage  of  this  act  and  sections  9,  10  and  11  as 
amended  shall  take  effect  January  1,  1956. 
[Approved  June  20,  1955.] 


CHAPTER  208. 


AN  ACT  TO  PROVIDE  FOR  THE  REGULATION  OF  THE  BUSINESS 
OF  DRIVERS'  SCHOOLS. 

Be  it  enacted  by  the  Sermte  and  Hoiise  of  Representatives  in 
General  Court  convened: 

1.  Motor  Vehicle  Drivers'  School.  Amend  the  Revised 
Laws  by  inserting  after  chapter  119  (chapter  263,  RSA)  the 
following  new  chapter: 

Chapter  119-A 
Motor  Vehicle  Drivers'  School 

1.  Terms  Defined.  As  used  in  this  chapter  the  follow- 
ing words  and  terms  shall  have  the  following  meanings : 

L  "Drivers'  school"  means  the  business  of  giving  in- 
struction, for  compensation,  in  the  driving  of  motor  vehicles 
and  motorcycles; 

IL  "Person"  includes  an  individual,  corporation,  and 
partnership ; 

IIL  "Place  of  business"  means  a  designated  location 
at  which  the  business  of  a  drivers'  school  is  conducted ;  and 


294  Chapter  208  [1955 

IV.  "Fraudulent  practices"  shall  include,  but  shall  not 
be  limited  to  (a)  any  conduct  or  representation  tending  to  give 
the  impression  that  a  license  to  operate  a  motor  vehicle  or 
motorcycle  or  any  other  license,  registration  or  service  granted 
by  the  motor  vehicle  department  may  be  obtained  by  any 
means  other  than  the  means  prescribed  by  law  or  by  furnish- 
ing or  obtaining  the  same  by  illegal  or  by  improper  means,  or 
(b)  the  requesting,  accepting,  exacting  or  collecting  of  money 
for  such  purpose. 

2.  License  Required;  Fee,  Term,  Renewal.  No  person 
shall  engage  in  the  business  of  conducting  a  drivers'  school 
without  being  licensed  therefor  by  the  commissioner  of  motor 
vehicles.  Application  therefor  shall  be  in  writing  and  contain 
such  information  therein  as  he  shall  require.  If  the  application 
is  approved,  the  applicant  shall  be  granted  a  license  upon  the 
payment  of  a  fee  of  fifty  dollars;  provided,  however,  that  no 
license  fee  shall  be  charged  for  the  issuance  of  a  license  to  any 
board  of  education,  school  board,  public,  private  or  parochial 
school,  which  conducts  a  course  in  driver  education,  approved 
by  the  state  department  of  education.  A  license  so  issued  shall 
be  valid  during  the  calendar  year.  The  annual  fee  for  renewal 
shall  be  twenty-five  dollars.  The  commissioner  shall  issue  a 
license  certificate  or  license  certificates  to  each  licensee,  one  of 
which  shall  be  displayed  in  each  place  of  business  of  the 
licensee.  In  the  case  of  loss,  mutilation  or  destruction  of  a 
certificate,  the  commissioner  shall  issue  a  duplicate  upon  proof 
of  the  facts  and  the  payment  of  a  fee  of  one  dollar. 

3.  Grounds  for  Denial  of  License  for  Drivers'  School.  The 

commissioner  may  deny  the  application  of  any  person  for  a 
license  if,  in  his  discretion,  he  determines  that : 

I.  Such  applicant  has  made  a  material  false  statement 
or  concealed  a  material  fact  in  connection  with  his  application ; 

II.  Such  applicant,  any  officer,  director,  stockholder  or 
partner,  or  any  other  person  directly  or  indirectly  interested 
in  the  business,  was  the  former  holder  of  a  license  hereunder, 
or  was  an  officer,  director,  stockholder  or  partner,  in  a  corpora- 
tion or  partnership  which  held  a  license  under  this  chapter  and 
which  license  was  revoked  or  suspended  by  the  director ; 

III.  Such  applicant  or  any  officer,  director,  stock- 
holder, partner,  employee,  or  any  other  person  directly  or  in- 


1955]  Chapter  208  295 

directly  interested  in  the  business,  has  been  convicted  of  a 
crime ; 

IV.  Such  applicant  has  failed  to  furnish  satisfactory 
evidence  of  good  character,  reputation  and  fitness; 

V.  Such  applicant  does  not  have  a  place  of  business  as 
required  by  this  chapter; 

VI.  Such  applicant  is  not  the  true  owner  of  the  drivers' 
school;  or 

VII.  The  application  is  not  accompanied  by  a  copy  of 
a  standard  liability  insurance  policy  in  the  amount  of  ten  thou- 
sand dollars  for  personal  injury  to,  or  death  of,  any  one  person 
and  subject  to  said  amount  for  one  person  twenty  thousand 
dollars  for  personal  injury  to,  or  death  of,  more  than  one  per- 
son involved  in  any  one  accident,  and  five  thousand  dollars  for 
property  damage  in  any  one  accident,  suff'ered,  or  caused  by 
reason  of  negligence  of  the  applicant  or  any  agent  or  employee 
of  the  applicant,  approved  as  to  form  and  coverage  by  the 
commissioner,  and  issued  by  a  company  duly  licensed  to  trans- 
act business  in  this  state  under  the  insurance  laws  of  this 
state. 

4.  Rules.     The  commissioner  may  make  such  rules  as  he 
deems  reasonable  for  the  conduct  of  drivers'  schools. 

5.  Grounds  for  Revoking  or  Suspending  School  License. 

The  commissioner,  or  any  employee  of  the  motor  vehicle  de- 
partment deputized  by  him,  may  suspend  or  revoke  any  school 
license  issued  under  the  provisions  of  this  chapter  or  refuse  to 
issue  a  renewal  thereof  if : 

I.  The  licensee  has  made  a  material  false  statement 
or  concealed  a  material  fact  in  connection  with  the  application 
for  a  license  or  the  renewal  thereof; 

II.  The  licensee  or  any  partner  or  officer  of  the  licensee 
has  been  convicted  of  a  crime ; 

III.  The  licensee  has  failed  to  comply  with  any  of  the 
provisions  of  this  chapter  or  any  of  the  rules  and  regulations 
of  the  commissioner  establishing  instructional  standards  and 
procedures ; 

IV.  The  licensee  or  any  partner  or  oflTicer  of  such 
licensee  has  been  guilty  of  fraud  or  fraudulent  practices  in  re- 
lation to  the  business  conducted  under  the  license,  or  guilty  of 
inducing   another   person    to   resort   to   fraud    or   fraudulent 


296  Chapter  208  [1955 

practices  in  relation  to  securing  for  himself  or  another  the 
license  to  drive  a  motor  vehicle  or  motorcycle; 

V.  The  licensee  has  knowingly  employed,  as  an  in- 
structor, a  person  who  has  been  convicted  of  a  crime  or  has  re- 
tained such  a  person  in  such  employ  after  knowledge  of  his  con- 
viction; or 

VI.  The  licensee  has  failed  to  maintain  satisfactory  in- 
surance to  meet  damage  claims  required  by  section  3  of  this 
chapter. 

6.  Renewal  No  Bar  to  Revoking  License.  Notwith- 
standing the  renewal  of  a  license,  the  commissioner  may  re- 
voke or  suspend  such  license  for  causes  and  violations,  as  pre- 
scribed herein,  occurring  during  any  prior  license  period. 

7.  Hearings.  Every  applicant  or  licensee  shall  be  en- 
titled to  a  hearing,  before  his  application  for  a  license  or  a  re- 
newal thereof  is  refused  or  his  license  is  revoked,  and  shall  be 
given  due  notice  thereof.  The  sending  of  a  notice  of  a  hearing 
by  registered  mail  to  the  last  known  address  of  a  licensee  or 
applicant  ten  days  prior  to  the  date  of  the  hearing  shall  be 
deemed  due  notice.  The  commissioner,  or  the  person  deputized 
by  him  to  conduct  a  hearing,  shall  have  power  to  subpoena 
witnesses,  administer  oaths  to  witnesses  and  take  testimony 
of  any  person  or  cause  his  deposition  to  be  taken.  A  subpoena 
issued  under  the  authority  of  this  section  shall  be  served  in 
the  same  manner  as  a  subpoena  issued  out  of  the  superior 
court.  Witnesses  subpoenaed  hereunder  shall  be  entitled  to  the 
same  fees  and  mileage  as  are  allowed  in  civil  actions  in  courts 
of  record. 

8.  Records  Kept  by  Licensee.  Every  licensee  shall  keep 
such  records  as  the  commissioner  may  by  regulation  require. 
The  records  of  the  licensee  shall  be  open  to  the  inspection  of 
the  commissioner  or  his  representatives  at  all  times  during 
reasonable  business  hours. 

9.  Penalties.  A  person  who  violates  any  of  the  pro- 
visions of  this  chapter  shall  be  subject,  for  a  first  oflfense,  to  a 
fine  of  not  less  than  one  hundred  dollars  nor  more  than  two 
hundred  fifty  dollars  or  imprisonment  for  a  term  of  not  less 
than  ten  days  or  more  than  thirty  days,  or  both,  in  the  dis- 
cretion of  the  court.  For  a  subsequent  violation,  he  shall  be 


1955]  Chapter  209 


297 


subject  to  a  fine  of  not  less  than  two  hundred  fifty  dollars  nor 
more  than  five  hundred  dollars  or  imprisonment  for  a  period 
of  not  less  than  thirty  days  or  more  than  three  months,  or 
both,  in  the  discretion  of  the  court. 

2.     Takes  Effect.     This  act  shall  take  eflfect  on  July  1,  1955. 
[Approved  June  21,  1955.] 


CHAPTER  209. 

AN  ACT  PROVIDING  FOR  LIENS  ON  HOUSE  TRAILERS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Liens  on  House  Trailers.  Amend  section  38,  chapter  264 
of  the  Revised  Laws,  as  amended  by  section  1,  chapter  58 
Laws  of  1949  (section  1,  chapter  450,  RSA)  by  inserting  after 
the  words  "or  hangar"  in  the  second  line  the  words,  or  trailer 
court;  further  amend  by  inserting  after  the  words  "or  air- 
craft" m  the  third  line  the  words,  or  house  trailers,  and  by  in- 
sertmg  after  the  words  "or  aircraft"  in  the  fifth  line  the  words 
or  house  trailer,  so  that  said  section  as  amended  shall  read  as 
follows:  38.  For  Storage.  Any  person  who  maintains  a 
public  garage  or  hangar  or  trailer  cort  for  the  storage  and 
care  of  motor  vehicles  or  aircraft  or  house  trailers  brought  to 
his  premises  or  placed  in  his  care  by  or  with  the  consent  of 
the  legal  or  equitable  owner,  shall  have  a  lien  upon  said  motor 
vehicle  or  aircraft  or  house  trailer  so  long  as  the  same  shall 
remam  m  his  possession,  for  proper  charges  due  him  for  the 
storage  and  care  of  the  same. 

2.  Charges.  Amend  section  40,  chapter  264  of  the  Revised 
Laws,  as  amended  by  section  2,  chapter  58,  Laws  of  1949 
^(section  3  chapter  450,  RSA)  by  inserting  after  the  words 
or  aircraft"  in  the  third  line  the  words,  or  house  trailer,  so 
tnat  said  section  as  amended  shall  read  as  follows-  40 
Notice  and  Sale.  If  any  of  the  charges  referred  to  in  this  sub- 
division shall  remain  unpaid  for  sixty  days,  the  lien  holder  may 
sell  such  motor  vehicle  or  aircraft  or  house  trailer  at  public 
sale,  and  the  proceeds,  after  first  paying  the  expense  of  sale 
shall  be  applied  in  payment  of  the  charges,  the  balance,  if  any' 


298  Chapters  210,  211  [1955 

to  be  paid  to  the  debtor.  Notice  of  such  sale  shall  be  given  and 
record  made  as  provided  in  sections  7,  8  and  10. 

3.     Takes   Effect.      This    act    shall   take   effect   upon    its 
passage. 
[Approved  June  21,  1955.] 


CHAPTER  210. 

AN  ACT  RELATIVE  TO  TEMPORARY  USE  OF  SPECIAL  MILITARY 
REGISTRATIONS  AND  PLATES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Motor  Vehicles:  Registration.  Amend  chapter  116  of 
the  Revised  Laws  (chapter  260,  RSA)  by  inserting  after  sec- 
tion 9  thereof  the  following  new  section :  9-a.  Exemption  of 
Motor  Vehicles  Owned  by  Military  Personnel.  The  provisions 
of  this  chapter  relative  to  the  registration  of  motor  vehicles 
and  motor  cycles  and  the  display  of  number  plates  shall  not 
apply  to  motor  vehicles  or  motor  cycles  having  registrations 
and  displaying  plates  issued  by  the  armed  forces  of  the  United 
States  for  vehicles  owned  by  military  personnel,  but  such  ex- 
emption shall  be  valid  only  for  a  period  of  seven  days  after  the 
owner  thereof  has  entered  this  state  for  the  purpose  of  travel- 
ing to  either  his  place  of  residence  or  a  point  of  military  duty. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  21,  1955.] 


CHAPTER  211. 


AN  ACT  TO  PROVIDE  FOR  THE  GIVING  OF  SECURITY  BY  OWNERS  AND 

OPERATORS  OF  AIRCRAFT  INVOLVED  IN  ACCIDENTS  AND  TO 

PROVIDE  FOR  ADMINISTRATION  THEREOF. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Aircraft.     Amend  the  Revised  Laws  by  inserting  after 
chapter  306  (chapter  422,  RSA)  the  following  new  chapter: 


1955]  Chapter  211  299 

Chapter  306-A 

Aircraft  Financial  Responsibility 
1.     Definitions.     As  used  in  this  act,  unless  the  context 
requires  otherwise: 

(a)  "Agency"  means  the  New  Hampshire  aeronautics 
commission  of  this  state. 

(b)  "Aircraft"  means  any  contrivance  now  known,  or 
hereafter  invented,  used  or  designed  for  navigation  of  or  flight 
in  the  air. 

(c)  "Judgment"  means  any  judgment  which  has  be- 
come final,  rendered  by  a  court  of  competent  jurisdiction  of  any 
state  or  of  the  United  States,  upon  a  claim  for  damages 
suffered  by  a  claimant  arising  out  of  the  ownership,  operation, 
maintenance  or  use  of  any  aircraft,  including  damages  for  care 
and  loss  of  services,  because  of  bodily  injury  to  or  death  of  any 
person  or  injury  to  or  destruction  of  property,  including  the 
loss  of  use  thereof,  or  upon  an  agreement  of  settlement  for 
such  damages. 

(d)  "Non-resident's  operating  privilege"  means  the 
privilege  conferred  upon  a  non-resident  by  the  law  of  this  state 
pertaining  to  the  operation  by  him  of  an  aircraft  or  the  use  of 
an  aircraft  owned  by  him,  in  this  state. 

(e)  "Operator"  means  any  person  who  is  exercising 
actual  physical  control  of  an  aircraft. 

(f)  "Owner"  means  any  of  the  following  persons  who 
may  be  legally  responsible  for  the  operation  of  an  aircraft: 

(1)  A  person  who  holds  the  legal  title  to  an  aircraft; 

(2)  A  lesee  of  an  aircraft; 

(3)  A  conditional  vendee,  a  trustee  under  a  trust 
receipt  and  a  mortgagor  or  other  person  holding  an  aircraft 
subject  to  a  security  interest. 

(g)  "Passenger"  means  any  person  in,  on  or  boarding 
an  aircraft  for  the  purpose  of  riding  therein,  or  alighting  there- 
from following  a  flight  or  attempted  flight  therein. 

(h)  "Person"  means  any  individual,  firm,  co-partner- 
ship, association,  or  corporation,  public  or  private,  including 
his  or  its  successors,  assignees,  or  legal  representatives. 

(i)  "Registration"  means  a  certificate  of  registration  of 
aircraft  engaged  in  air  navigation  in  this  state,  or  of  operators 


300  Chapter  211  [1955 

thereof,  issued  by  the  agency  pursuant  to  the  laws  of  this 
state. 

(j)  "Notification"  means  notice  in  writing  served  upon 
a  person  by  either: 

(1)  Actual  delivery  or  offer  of  delivery  to  such  person 
by  any  adult  individual  whose  rights  are  not  affected  by  the 
proceeding  involved ;  or 

(2)  Registered  mail  addressed  to  the  person  at  the 
last  address  known  to  the  agency. 

(k)  "State"  means  any  state,  the  District  of  Columbia, 
any  territory  or  possession  of  the  United  States  and  the 
Commonwealth  of  Puerto  Rico. 

(1)  "Claimant"  means  any  person  having  a  claim  for 
damages  as  the  result  of  an  accident  within  this  state  involving 
an  aircraft. 

2.     Agency  to  Administer  Act;  Petition  for  Review. 

(a)  The  agency  shall  administer  and  enforce  the  pro- 
visions of  this  act  and  may  make  rules  and  regulations  neces- 
sary for  its  administration  which  shall  become  effective  ten 
days  after  the  filing  thereof  with  the  secretary  of  state. 

(b)  The  agency  shall  provide  for  hearings  upon  request 
of  any  person  who  may  be  affected  by  its  orders  or  acts  under 
the  provisions  of  this  act  and  may  provide  for  a  stay  thereof 
until  a  hearing  may  be  had. 

(c)  Any  person  aggrieved  by  any  order  or  act  of  the 
agency  hereunder,  may  have  judicial  review  thereof,  by  filing 
a  petition  for  a  review  in  the  superior  court  of  the  county  in 
which  one  of  the  parties  resides,  and  if  both  plaintiff  and  de- 
fendant are  non-residents,  then  in  the  county  where  the  acci- 
dent occurred,  within  thirty  days  after  the  order  or  act  be- 
comes final.  The  agency  shall  transmit  to  the  court  the  original 
or  a  certified  copy  of  the  entire  proceedings  under  review,  in- 
cluding a  transcript  of  any  oral  testimony  taken  at  the  hear- 
ing, at  the  cost  of  the  appellant.  By  order  of  court  or  by 
stipulation  of  all  parties  to  this  petition,  the  record  may  be 
shortened  by  the  elimination  of  any  portion  thereof.  The  filing 
of  the  petition  shall  not  suspend  the  order  or  act  unless  a  stay 
thereof  shall  be  allowed  by  the  court  pending  final  determina- 
tion of  the  review.  The  court  may,  in  disposing  of  the  issues 
before  it,  affirm,  modify  or  reverse  the  order  or  act  of  the 


1955]  Chapter  211  301 

agency  in  whole  or  in  part  and  may  enter  its  own  order  or 
may  reverse  and  remand  the  cause  for  further  proceedings  by 
the  agency.  The  court  shall  summarily  hear  the  petition. 

3.  Report  Required  Following  Accident. 

(a)  The  operator  of  any  aircraft  involved  in  an  acci- 
dent within  this  state  in  which  any  person  is  killed  or  injured 
or  damage  in  excess  of  one  hundred  dollars  is  sustained  to  the 
property  of  any  person,  other  than  property  owned  by  the 
owner  or  operator  or  in  his  care,  custody  or  control  or  carried 
in  or  on  the  aircraft,  shall  immediately  but  not  later  than 
forty-eight  hours  after  the  accident  report  the  matter  in  writ- 
ing to  the  agency.  If  the  operator  is  physically  incapable  of 
making  the  report,  the  owner  of  the  aircraft  involved  in  the 
accident  shall  immediately  but  not  later  than  forty-eight  hours 
after  learning  of  the  accident,  make  the  report.  If  neither  the 
operator  nor  the  owner  is  physically  capable  of  making  the  re- 
port, then  each  passenger  shall,  within  ten  days  after  learning 
of  the  incapacity  of  the  operator  or  owner,  make  the  report. 
If  the  owner  or  operator  dies  as  a  result  of  the  accident,  the 
legal  representative  of  the  operator  or  owner  shall  make  the 
report  within  ten  days  after  his  qualification.  The  sheriff  of 
the  county  in  which  the  accident  occurred  shall  notify  the 
agency  thereof  in  writing  immediately  but  not  later  than 
forty-eight  hours  after  learning  of  the  accident. 

(b)  The  report,  the  form  of  which  shall  be  prescribed 
by  the  agency,  shall  include  information  to  enable  the  agency 
to  determine  whether  the  requirements  for  the  deposit  of 
security  under  section  4  are  inapplicable  by  reason  of  existence 
of  insurance  or  other  exceptions  specified  in  this  act.  The  agency 
may  rely  upon  the  accuracy  of  the  information  until  it  has 
reason  to  believe  that  the  infoiTnation  is  erroneous. 

(c)  The  operator  and  the  owner  shall  furnish  such 
additional  information  as  the  agency  may  require. 

4.  Security  Required;  Suspension;  Exceptions. 

(a)  As  promptly  as  practicable  but  not  later  than  thirty 
days  after  receipt  of  an  accident  report  as  required  in  section  3, 
the  agency  shall  determine  by  an  order  entered  of  record  (1) 
the  amount  of  security  within  the  limits  specified  in  section  5, 
which  it  deems  sufficient  to  satisfy  any  judgment  for  damages 
resulting  from  the  accident  which  may  be  recovered  against 


302  Chapter  211  [1955 

each  owner  or  operator,  and  (2)  the  name  and  address  of  each 
claimant. 

(b)  As  promptly  as  practicable  but  not  later  than 
thirty  days  after  the  entry  of  the  order  required  by  subsection 
(a)  of  this  section  the  agency,  unless  there  is  deposited  for  the 
benefit  of  the  owner  or  operator  or  both,  as  the  case  may  be, 
security  in  the  sum  so  determined  by  the  agency,  upon  ten  days 
notification  shall  suspend : 

(1)  If  the  owner  is  a  resident,  the  registration  of  the 
owner  and  the  registration  of  all  aircraft  owned  by  him; 

(2)  If  the  owner  is  a  non-resident,  the  non- 
resident's operating  privilege  of  the  owner  and  of  all  aircraft 
owned  by  him; 

(3)  The  registration  or  non-resident's  operating 
privilege  of  the  operator. 

(c)  The  requirements  as  to  security  and  suspension  do 
not  apply : 

(1)  To  the  operator  or  the  owner  of  the  aircraft  if 
the  agency  determines  upon  satisfactory  evidence  that  he  is 
not  charged  with  responsibility  for  the  accident  by  the  claim- 
ants, or  to  the  operator  of  an  aircraft  involved  in  an  accident 
in  which  no  injury  was  caused  to  the  person  of  any  one  other 
than  the  operator,  and  no  damage  in  excess  of  one  hundred 
dollars  was  caused  to  property  not  owned,  rented,  occupied  or 
used  by  such  operator  nor  in  his  care,  custody  or  control  nor 
carried  in  or  on  the  aircraft ; 

(2)  To  the  operator  or  owner  of  an  aircraft  if  at 
the  time  of  the  accident  the  aircraft  was  stationary,  without 
passengers  thereon  or  boarding  the  aircraft  or  alighting  there- 
from and  the  aircraft  was  parked  in  an  area  legally  used  for 
aircraft  parking  with  no  engine  running  nor  in  the  process  of 
being  started; 

(3)  To  the  owner  of  an  aircraft  if  at  the  time  of  the 
accident  the  aircraft  was  being  operated,  or  was  parked,  with 
out  his  permission,  expressed  or  implied ; 

(4)  To  the  owner  if  there  is  in  effect  at  the  time  of 
the  accident  an  aircraft  liability  policy  with  respect  to  the  air- 
craft involved  in  the  accident; 

(5)  To  the  operator,  if  not  the  owner  of  the  air- 
craft, if  there  is  in  effect  at  the  time  of  the  accident  an  air- 


1955]  Chapter  211  303 

craft  liability  policy  with  respect  to  his  operation  of  the  air- 
craft involved  in  the  accident ; 

(6)  To  the  operator  or  owner  if  his  liability  for 
damages  resulting  from  such  accident  is  covered  by  any  other 
form  of  liability  insurance  policy  in  effect  at  the  time  of  the 
accident  ; 

(7)  To  any  person  qualifying  as  a  self-insurer  under 
section  7,  or  to  any  person  operating  an  aircraft  for  the  self- 
insurer  for  whose  acts  the  self-insurer  is  legally  responsible  ; 
nor 

(8)  After  there  is  filed  with  the  agency  satisfactory 
evidence  that  the  person  otherwise  required  to  deposit  security 
has  (i)  been  released  from  liability,  or  (ii)  been  adjudicated 
not  to  be  liable  by  judgment,  or  (iii)  executed  a  written  agree- 
ment with  all  claimants  providing  for  payment  of  an, agreed 
amount  with  respect  to  all  claims  for  injuries  or  damages  re- 
sulting from  the  accident. 

(d)  The  requirements  as  to  suspension  may  be  waived 
by  the  agency,  in  its  discretion,  if  there  is  filed  with  the  agency 
by  all  claimants  consent  in  wi-iting  that  the  person  hereunder 
chargeable  be  allowed  continuing  operating  privilege.  If  such 
waiver  is  granted  by  the  agency,  it  shall  continue  for  six 
months  from  the  date  of  the  consent  and  thereafter  unless  the 
consent  is  revoked  in  writing. 

(e)  The  agency  may  take  the  actions  authorized  hereby 
or  may  modify  or  rescind  the  same  at  any  time  necessary  to 
carry  out  the  provisions  of  this  act  upon  ten  days'  notification 
of  the  persons  affected  thereby. 

5.     Requisites  of  Policy. 

(a)  A  policy  is  not  effective  under  section  4  unless: 

(1)  Issued  by  an  insurer  or  surety  company 
authorized  to  do  business  in  this  state ;  or 

(2)  Issued  by  an  insurer  or  surety  company  not 
authorized  to  do  business  in  this  state  found  by  the  agency  to 
afford  adequate  protection  and  which  has  filed  or  shall  file  with 
the  agency  a  power  of  attorney  authorizing  the  agency  to 
accept  service  on  its  behalf  of  notice  or  process  in  any  action 
upon  the  policy  arising  out  of  such  accident. 

(3)  If  the  accident  results  in  bodily  injury  to  or 
death  of  a  person  not  a  passenger,  the  policy  provides  coverage 


304  Chapter  211  [1955 

of  not  less  than  ten  thousand  dollars  because  of  bodily  injury 
to  or  death  of  one  person  in  any  accident  and  twentj'^  thousand 
dollars  because  of  bodily  injury  to  or  death  of  two  or  more 
persons  in  any  one  accident. 

(4)  If  the  accident  involves  an  aircraft  being  operated 
for  hire  and  the  accident  results  in  bodily  injury  to  or  death 
of  a  passenger,  the  policy  provides  coverage  of  not  less  than 
ten  thousand  dollars  because  of  bodily  injury  to  or  death  of 
one  person  in  any  one  accident  and  not  less  than  ten  thousand 
dollars  multiplied  by  the  number  of  passenger-seats  in  the  air- 
craft because  of  bodily  injury  to  or  death  of  two  or  more  per- 
sons in  any  one  accident. 

(5)  If  the  accident  involves  an  aircraft  not  being 
operated  for  hire  and  the  accident  results  in  bodily  injury  to  or 
death  of  a  passenger,  the  policy  provides  coverage  of  not  less 
than  ten  thousand  dollars  because  of  bodily  injury  to  or  death 
of  one  person  in  any  one  accident  and  not  less  than  ten  thou- 
sand dollars  multiplied  by  the  number  of  passenger-seats  in 
the  aircraft  because  of  bodily  injury  to  or  death  of  two  or  more 
persons  in  any  one  accident. 

(6)  If  the  accident  results  in  damage  to  or  de- 
struction of  property,  the  policy  provides  coverage  of  not  less 
than  five  thousand  dollars  because  of  damage  to  or  destruction 
of  property  in  any  one  accident  with  the  exception  of  the 
following  property  which  is  exempted  from  the  security  re- 
quired under  this  act:  property  owned,  rented,  occupied  or 
used  by,  or  in  the  care,  custody  or  control  of  the  owner  or 
operator  or  carried  in  or  on  the  aircraft. 

(b)  The  policy  need  not  cover: 

(1)  Any  liability  on  account  of  bodily  injury  to  or 
death  of  any  employee  of  the  owner  or  operator  while  the  em- 
ployee is  engaged  in  the  duties  of  his  employment ;  or 

(2)  Any  obligation  for  which  the  owner  or  operator 
or  his  insurer  may  be  held  liable  under  any  workmen's  compen- 
sation law. 

6.  Duration  of  Suspension.  Registrations  or  non-resi- 
dent's operating  privilege  suspended  as  provided  in  section  4 
shall  not  be  restored  or  renewed  with  respect  to  the  aircraft 
involved  in  or  the  owner  or  operator  liable  for  the  accident 
until : 


1955]  Chapter  211  305 

(a)  Security  is  deposited  as  required  under  section  4 ;  or 

(b)  One  year  shall  have  elapsed  following  the  date  of 
such  suspension  and  satisfactory  evidence  is  filed  with  the 
agency  that  during  such  period  no  action  for  damages  arising 
out  of  the  accident  has  been  instituted ;  or 

(c)  Satisfactory  evidence  is  filed  with  the  agency  of  a 
release  from  liability,  or  a  judgment  of  non-liability  as  to  all 
persons  damaged  or  injured  in  the  accident,  or  a  written  agree- 
ment, in  accordance  with  (8)  of  subsection  (c)  of  section  4.  If 
there  is  a  default  in  payment  under  such  written  agreement, 
then  upon  ten  days'  notification  of  the  owner  or  operator,  the 
agency  shall  suspend  the  registration  or  non-resident's 
operating  privilege  of  such  person  defaulting  and  the  same 
shall  not  be  restored  unless  and  until  (1)  such  person  deposits 
and  thereafter  maintains  security  as  required  under  section  4 
in  such  amount  as  the  agency  may  then  determine,  within  the 
limits  herein  provided,  or  (2)  one  year  has  elapsed  following 
the  time  when  such  security  was  required  and  during  such 
period  no  action  upon  the  agreement  has  been  instituted  in  a 
court  of  this  state ;  or 

(d)  Satisfactory  evidence  is  filed  with  the  agency  that 
any  judgment  against  such  person  for  damages  resulting  from 
the  accident  has  been  satisfied  in  full  or  that  there  has  been 
paid  thereon  an  amount  equal  to  the  applicable  limits  set  forth 
in  section  5;  or 

(e)  Written  consent  thereto  has  been  filed  with  the 
agency  by  all  claimants  and  the  same  is  approved  by  the  agency 
in  its  discretion. 

7.  Self -Insurer,  (a)  Any  person  may  at  any  time  apply 
to  the  agency  for  a  certificate  of  self -insurance,  whether  or  not 
there  has  occurred  an  accident  as  a  result  of  which  he  might 
be  affected  by  some  other  provision  of  this  act. 

(b)  The  agency  may  in  its  discretion  issue  a  certificate 
of  self -insurance  when  satisfied  that  the  applicant  is  possessed 
and  will  continue  to  be  possessed  of  ability  to  pay  judgments 
against  him  within  the  limits  provided  in  this  act. 

(c)  Upon  not  less  than  ten  days'  notification  of  a  self- 
insurer  the  agency  may  for  reasonable  cause  cancel  a  certifi- 
cate of  self-insurance  and  shall  cancel  such  certificate  upon 
failure  to  pay  any  judgment  within  thirty  days. 


306  Chapter  211  [1955 

8.  Application  to  Non-residents,  Unregistered  Aircraft 
and  Accidents  in  Other  States,  (a)  In  case  the  operator  or 
owner  of  an  aircraft  involved  in  an  accident  within  this  state 
has  no  certificate  of  registration,  or  is  a  non-resident,  he  shall 
not  be  allowed  a  certificate  of  registration  or  a  non-resident's 
operating  privilege,  as  the  case  may  be,  until  he  has  complied 
with  the  requirements  of  this  act. 

(b)  When  a  non-resident's  operating  privilege  is 
suspended  pursuant  to  section  4  or  section  6,  the  agency  shall 
transmit  a  certified  copy  of  the  record  of  such  action  to  the 
official  or  department  regulating  the  operation  of  aircraft  in 
the  state  in  which  the  non-resident  resides,  if  the  law  of  the 
other  state  provides  for  action  in  relation  thereto,  similar  to 
that  provided  for  in  subsection  (c)  of  this  section. 

(c)  Upon  receipt  of  a  certification  that  the  operating 
privilege  of  a  resident  of  this  state  has  been  suspended  or  re- 
voked in  any  other  state  pursuant  to  a  law  providing  for  its 
suspension  or  revocation  for  failure  to  deposit  security  for  the 
payment  of  judgments  arising  out  of  an  aircraft  accident, 
under  circumstances  which  would  require  the  agency  to 
suspend  a  non-resident's  operating  privilege  had  the  accident 
occurred  in  this  state,  the  agency  upon  ten  days'  notification 
shall  suspend  his  registration  if  he  was  the  operator  of  an  air- 
craft involved  in  the  accident,  or  if  he  was  the  owner  of  an 
aircraft  involved  in  the  accident  and  was  legally  responsible 
for  its  operation.  The  suspension  shall  continue  until  the  resi- 
dent furnishes  evidence  of  his  compliance  with  the  security  re- 
quirements of  the  law  of  the  other  state. 

9.  Form  and  Amount  of  Security,  (a)  The  security  re- 
quired under  this  act  shall  be  in  such  form  and  in  such  amount 
as  the  agency  may  require  but  in  no  case  in  excess  of  the  limits 
specified  in  section  5  with  reference  to  the  limits  of  a  policy. 
If  at  the  time  of  the  accident  there  is  in  effect  a  liability  policy 
meeting  the  requisites  of  this  act  other  than  amount  of  cover- 
age set  forth  in  section  5,  the  agency  may  consider  such  policy 
in  fixing  the  amount  of  security.  The  person  depositing 
security  shall  specify  in  writing  the  person  or  persons  on 
whose  behalf  the  deposit  is  made  and,  at  any  time  while  such 
deposit  is  in  the  custody  of  the  agency  or  the  state  treasurer 
the  person  depositing  it  may,  upon  approval  of  the  agency, 
amend  in  writing  the  specification  of  the  person  or  persons  on 


1955]  Chapter  211  307 

whose  behalf  the  deposit  is  made  to  include  an  additional  per- 
son or  persons;  provided,  however,  that  a  single  deposit  of 
security  shall  be  applicable  only  on  behalf  of  persons  required 
to  furnish  security  because  of  the  same  accident.  Interest  and 
other  income  upon  securities  deposited  as  herein  provided  shall 
be  paid  or  inure  to  the  benefit  of  the  person  making  the  de- 
posit. 

(b)  Upon  ten  days'  notification  of  the  parties  concerned, 
the  agency  may  reduce,  or,  within  the  limits  specified  in  sec- 
tion 5,  increase  the  amount  of  security  ordered  in  any  case  if 
in  its  discretion  the  amount  ordered  is  excessive  or  insufficient. 
In  case  the  security  originally  ordered  has  been  deposited,  the 
excess  shall  be  returned  to  the  depositor  notwithstanding  the 
provisions  of  section  10.  Substitution  of  security  shall  be  per- 
mitted. 

10.     Custody,     Disposition     and     Return     of     Security. 

Security  deposited  in  compliance  with  the  requirements  of  this 
act  shall  be  delivered  to  the  agency  and  shall  be  placed  by  the 
agency  in  the  custody  of  the  state  treasurer  and  shall  be  re- 
leased only: 

(a)  Upon  certificate  of  the  agency  in  the  payment  of  a 
judgment  rendered  against  the  person  or  persons  on  whose  be- 
half the  deposit  was  made,  for  damages  arising  out  of  the 
accident  in  a  civil  action,  begun  not  later  than  one  year  after 
the  date  of  the  accident  or  within  one  year  after  the  date  of 
deposit  of  any  security  under  subsection  (c)  of  section  6  or  in 
the  payment  of  a  settlement,  agreed  to  by  the  depositor  and  all 
the  claimants,  of  a  claim  or  claims  arising  out  of  the  accident. 

(b)  Upon  certificate  of  the  agency  issued  after  ten 
days'  notification  of  all  claimants  upon  evidence  satisfactory 
to  the  agency  that  all  claims  arising  from  such  accident  have 
been  satisfied  by  either  (1)  a  release  from  liability,  or  (2)  a 
judgment  of  non-liability,  or  (3)  a  written  agreement  in 
accordance  with  (8)  of  subsection  (c)  of  section  4,  or  when- 
ever, after  the  expiration  of  one  year  from  the  time  of  the 
accident  or  from  the  date  of  deposit  of  any  security  under  sub- 
section (c)  of  section  6,  the  agency  is  given  satisfactory 
evidence  that  there  is  no  such  action  pending  and  that  no  judg- 
ment rendered  in  any  such  action  is  unpaid. 


308  Chapter  211  [1955 

(c)  Upon  the  certificate  of  the  agency  that  other 
security  complying  with  subsection  (a)  of  section  9  and  satis- 
factory in  form,  character  and  amount,  has  been  deposited  with 
it  in  lieu  of  the  original  security  deposited  hereunder. 

11.  Matters  not  to  be  Evidence  in  Civil  Suits  or  Criminal 
Proceedings.  The  records  of  and  proceedings  before  the 
agency  and  the  state  treasurer  shall  be  inadmissible  in  evidence 
and  shall  not  be  referred  to  at  the  trial  of  any  civil  action  or 
criminal  proceeding.  Subject  to  the  foregoing  provisions,  the 
agency  shall,"  upon  written  request,  make  available  to  persons 
whose  legal  rights  may  be  affected  thereby,  information  and 
material  developed  in  the  course  of  its  administration  of  this 
act. 

12.  Transfer  of  Registration  to  Defeat  purpose  of  Act 
Prohibited.  No  transfer  of  registration  of  aircraft  of  which 
the  owner's  registration  has  been  suspended  hereunder,  shall 
be  deemed  valid  or  accepted  by  the  agency,  unless  the  trans- 
feror or  transferee  demonstrates  to  the  satisfaction  of  the 
agency  that  the  transfer  of  registration  is  the  result  of  a  bona 
fide  transaction  of  purchase  and  sale,  and  not  for  the  purpose, 
or  with  the  effect,  of  defeating  the  purposes  of  this  act. 
Nothing  in  this  section  shall  affect  the  rights  of  any  lessor  or 
conditional  vendor,  chattel  mortgagee,  or  other  person  holding 
a  security  interest  in  any  aircraft  registered  in  the  name  of  an- 
other as  owner  who  becomes  subject  to  the  provisions  of  this 
act. 

13.  Surrender  of  Registration.  Any  person  whose  regis- 
trations are  suspended  as  herein  provided  shall  immediately 
surrender  or  return  his  registration  certificates  to  the  agency, 
until  such  time  as  the  registrations  are  restored  by  the  agency. 
If  such  person  fails  or  refuses  to  surrender  or  return  the 
registration  certificates  to  the  agency,  the  agency  shall  forth- 
with issue  an  order  directing  any  police  officer  or  law  enforce- 
ment officer  of  the  state  to  secure  possession  thereof  and  de- 
liver the  same  to  the  agency. 

14.  Other  Violations;  Penalties,  (a)  Any  owner  or 
operator  who  knowingly  refuses  or  fails  to  make  any  report 
of  an  accident  as  required  in  section  3  shall  be  guilty  of  a  mis- 
demeanor and  upon  conviction  shall  be  fined  not  more  than  one 


1955]  Chapter  211  309 

hundred  dollars;  and  if  any  person  is  killed  or  injured  in  such 
accident,  the  agency  shall  in  addition  suspend  the  registration 
or  non-resident's  operating  privilege  of  the  person  failing  to 
make  such  report,  until  such  report  is  filed  and  for  such  further 
period  not  to  exceed  thirty  days  as  the  agency  may  fix. 

(b)  Any  owner  or  operator  who  knowingly  makes  a 
false  statement  or  representation  of  a  material  fact  in  a  report 
to  or  written  instrument  filed  with  the  agency  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  fined  not  more 
than  five  hundred  dollars,  or  imprisoned  for  not  more  than 
ninety  days,  or  both. 

(c)  Any  owner  or  operator  whose  registration  or  non- 
resident's operating  privilege  has  been  suspended  or  revoked 
under  this  act  and  who,  during  such  suspension  or  revocation, 
operates  any  aircraft  in  this  state,  or  knowingly  permits  any 
aircraft  owned  by  such  person  to  be  operated  by  another  in 
this  state,  except  as  permitted  under  this  act,  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  fined  not  more 
than  five  hundred  dollars,  or  imprisoned  not  more  than  six 
months,  or  both. 

(d)  Any  owner  or  operator  willfully  failing  to  return 
his  registrations  as  required  in  section  13  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  shall  be  fined  not  more  than 
five  hundred  dollars,  or  imprisoned  not  to  exceed  thirty  days, 
or  both. 

15.     Non- Applicability.    This  act  shall  not  apply  to: 

(a)  Any  aircraft  owned  or  operated  by  or  leased  to  and 
subject  to  the  sole  control  of  the  United  States  or  any  civil  or 
military  agency  of  the  United  States  or  of  the  District  of 
Columbia,  the  Commonwealth  of  Puerto  Rico  or  any  territory 
or  possession  of  the  United  States ; 

(b)  Any  aircraft  owned  and  operated  by  or  leased  to 
and  subject  to  the  sole  control  of  this  or  any  other  state  or 
agency  thereof  or  any  political  subdivision  or  municipality  of 
this  or  any  other  state; 

(c)  Any  aircraft  owned  and  operated  by  or  leased  to 
and  subject  to  the  sole  control  of  any  foreign  country  or  any 
civil  or  military  agency  thereof  or  any  political  subdivision  or 
municipality  thereof; 


310  Chapter  211  [1955 

(d)  Any  aircraft  owned  or  being  operated  by  a  public 
air  carrier  engaged  principally  in  regularly  scheduled  inter- 
state or  foreign  air  transportation  for  hire  under  either  a 
federal  certificate  of  public  convenience  and  necessity  or  under 
a  letter  of  registration  or  exemption  order  issued  by  the  Civil 
Aeronautics  Board  or  its  successor. 

16.  Act  Not  Retroactive.  This  act  shall  not  apply  with 
respect  to  any  accident  occurring  prior  to  the  effective  date  of 
this  act. 

17.  Act  Not  to  Prevent  Other  Process.  Nothing  in  this 
act  shall  be  construed  as  precluding  any  party  in  any  action  or 
proceeding  from  employing  other  processes  provided  by  law. 
Nothing  in  this  act  shall  be  construed  as  precluding  the  utili- 
zation by  the  agency  of  the  injunctive  or  other  process  of  the 
courts  in  aid  of  the  enforcement  of  this  act. 

18.  Service  of  Process,  (a)  The  operation  of  an  aircraft 
on  the  land  or  waters  of  or  in  the  air  over  this  state  shall  be 
deemed  an  appointment  by  the  owner  or  operator  of  the 
director  of  aeronautics,  or  his  successor  in  office  to  be  his  true 
and  lawful  attorney  upon  whom  may  bs  served  all  legal  process 
in  any  action  or  proceeding  against  him,  arising  from  the  own- 
ership, maintenance,  use  or  operation  of  such  aircraft  and  re- 
sulting in  damage  or  loss  to  person  or  property,  and  said  use 
or  operation  shall  be  signification  of  their  agreement  that  any 
such  process  against  him  which  is  so  served,  shall  be  of  the 
same  legal  force  and  validity  as  though  served  upon  him  per- 
sonally, provided  such  person  is  a  non-resident  of  this  state 
or  at  the  time  a  cause  of  action  arises  is  a  resident  of  this  state 
but  subsequently  becomes  a  non-resident  of  this  state. 

(b)  Service  of  such  process  shall  be  made  by  leaving  a 
copy  thereof  with  a  fee  of  two  dollars  in  the  hands  of  the 
director  or  in  his  office,  and  such  service  shall  be  sufficient, 
provided  that  notice  thereof  and  a  copy  of  this  process  are 
forthwith  sent  by  registered  mail  by  the  plaintiff  or  his 
attorney  to  the  defendant,  and  the  defendant's  return  receipt 
and  the  affidavit  of  the  plaintiff  or  his  attorney  of  compliance 
therewith  are  appended  to  the  writ  and  entered  therewith.  In 
the  event  that  the  notice  and  copy  of  the  process  are  not  de- 


1955]  Chapter  211  311 

livered  to  the  defendant  the  superior  court  may  order  such 
additional  notice,  if  any,  as  justice  may  require. 

(c)  Record  of  Processes.  The  director  shall  keep  a 
record  of  all  such  processes,  which  shall  show  the  day  and  hour 
of  service. 

(d)  Continuance  of  Action ;  Costs.  The  court  in  which 
the  action  is  pending  may  order  such  continuances  as  may  be 
necessary  to  afford  the  defendant  reasonable  opportunity  to 
defend  the  action.  The  fee  of  two  dollars  paid  to  the  director 
by  the  plaintiff  at  the  time  of  the  service  shall  be  taxed  in  his 
costs  if  he  prevails  in  his  suit. 

19.  Discharge  in  Bankruptcy.  A  discharge  in  bank- 
ruptcy shall  not  relieve  any  person  from  the  requirements  of 
this  act. 

20.  Use  of  Singular  or  Plural.  The  singular  includes 
the  plural  and  the  plural  includes  the  singular;  the  masculine 
includes  the  feminine  and  neuter,  as  requisite. 

21.  Uniformity  of  Interpretation.  This  act  shall  be  so 
interpreted  and  construed  as  to  effectuate  its  general  purpose 
to  make  uniform  the  laws  of  those  states  which  enact  it. 

22.  Saving  Clause.  If  any  part  or  parts  of  this  act  shall 
be  held  to  be  invalid,  such  invalidity  shall  not  affect  the 
validity  of  the  remaining  parts  of  this  act.  The  legislature  here- 
by declares  that  it  would  have  passed  the  remaining  parts  of 
this  act  if  it  had  known  that  such  part  or  parts  thereof  would 
be  declared  invalid. 

23.  Title  of  Act.  This  act  may  be  cited  as  the  Uniform 
Aircraft  Financial  Responsibility  Act. 

2.     Takes   Effect.      This   act    shall    take   effect   upon   its 
passage. 

[Approved  June  21,  1955.] 


312  Chapter  212  [1955 

CHAPTER  212. 

an  act  relative  to  the  construction  of  a  new  library 

building  and  the  remodelling  of  the  present  library 

building  for  instructional  purposes  at  the 

University  of  New  Hampshire. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Appropriation.  The  sum  of  one  million  five  hundred 
thousand  dollars  is  hereby  appropriated  for  the  purpose  of 
constructing,  furnishing,  and  equipping  a  new  library  building 
and  remodelling  the  present  library  building  for  instructional 
purposes  at  the  University  of  New  Hampshire.  The  appropri- 
ation hereby  made  and  the  sums  made  available  for  this  project 
shall  be  expended  by  the  trustees  of  the  university  under  the 
direction  of  the  governor  and  council.  All  contracts  for  the  pur- 
chase of  equipment  and  the  construction  of  all  or  any  part  of 
the  new  building  and  the  remodelling  of  the  present  building 
shall  be  let  (1)  at  public  sealed  bidding,  (2)  only  after  an 
advertisement  calling  for  bids  has  been  published  at  least  once 
in  each  of  two  successive  calendar  weeks  in  a  newspaper  of 
general  circulation  in  New  Hampshire,  the  first  publication 
being  not  less  than  thirty  days  prior  to  the  date  the  bids  will 
be  received,  and  (3)  to  the  lowest  responsible  bidder. 

2.  Borrowing.  In  order  to  provide  funds  for  the  appro- 
priation made  in  section  1  hereof,  the  trustees  of  the  university 
are  hereby  authorized  to  request  the  governor  and  council  to 
borrow  upon  the  credit  of  the  state  not  exceeding  the  sum  of 
one  million  five  hundred  thousand  dollars. 

3.  State  Bonds  or  Notes.  The  governor,  upon  receipt  of  a 
request  from  the  board  of  trustees  of  the  university,  and  by 
and  with  the  consent  of  the  council,  may  direct  the  state  treas- 
urer to  borrow  upon  the  faith  and  credit  of  the  state  a  sum  not 
exceeding  one  million  five  hundred  thousand  dollars  for  the 
purpose  of  carrying  into  effect  the  provisions  of  this  act,  and 
for  said  purpose  may  issue  bonds  in  the  name  and  on  behalf 
of  the  state  at  a  rate  of  interest  to  be  determined  by  the  gover- 
nor and  council,  but  in  no  case  shall  they  be  later  than  twenty 
years  from  the  date  of  issue.  The  bonds  shall  be  in  such  form 
and  denomination  as  the  governor  and  council  shall  determine. 


1955]  Chapter  212  313 

may  be  registerable  as  to  both  principal  and  interest,  shall  be 
countersigned  by  the  governor  and  shall  be  deemed  a  pledge  of 
the  faith  and  credit  of  the  state.  The  secretary  of  state  shall 
keep  an  account  of  all  such  bonds  showing  the  number  and 
amount  of  each,  the  time  of  countersigning,  the  date  of  delivery 
to  the  state  treasurer  and  the  date  of  maturity.  The  state 
treasurer  shall  keep  an  account  of  each  bond  showing  the  num- 
ber thereof,  the  name  of  the  person  to  whom  sold,  the  amount 
received  from  the  same,  the  date  of  the  sale  and  the  date  of 
maturity. 

4.  Short  Term  Notes.  Prior  to  the  issuance  of  the  bonds 
hereunder,  the  state  treasurer,  with  the  approval  of  the  gov- 
ernor and  council,  may  for  the  purposes  hereof  borrow  money 
from  time  to  time  on  short  term  loans  which  may  be  refunded 
by  the  issuance  of  bonds  hereunder.  Provided,  however,  that  at 
no  one  time  shall  the  indebtedness  of  the  state  on  such  short 
term  loans  exceed  the  sum  of  one  million  five  hundred  thou- 
sand dollars. 

5.  Sale  of  Bonds  or  Notes.  All  notes  or  bonds,  except  short 
term  loans,  issued  under  the  provisions  of  this  act  shall  be 
sold  (1)  at  public  sealed  bidding,  (2)  only  after  an  advertise- 
ment calling  for  bids  has  been  published  at  least  once  in  each 
of  two  successive  calendar  weeks  in  a  newspaper  of  general 
circulation  in  New  Hampshire  and  in  a  financial  publication  of 
national  circulation,  the  first  publication  being  not  less  than 
thirty  days  prior  to  the  day  the  bids  will  be  received,  and  (3) 
to  the  highest  bidder.  The  governor  and  council  may  reject  any 
or  all  bids,  and/or  negotiate  with  the  highest  responsible  bid- 
der. The  proceeds  from  the  sale  of  such  bonds  shall  be  held  by 
the  state  treasurer  and  paid  out  by  him  upon  warrants  drawn 
by  the  governor  for  the  purposes  of  this  act  alone  and  the  gov- 
ernor, with  the  advice  and  consent  of  the  council,  shall  draw 
his  warrant  for  the  payment  from  the  funds  provided  by  this 
act  of  all  sums  expended  or  due  for  the  purposes  herein  author- 
ized. All  interest  from  such  bonds  shall  be  exempt  from  tax- 
ation within  the  state. 

6.  Liquidation.  The  state  treasurer  is  authorized  to  de- 
duct from  the  fund  accruing  to  the  university  under  section  18, 
chapter  222  of  the  Revised  Laws,  as  amended,  for  each  fiscal 
year  such  sum  or  sums  as  may  be  necessary  to  meet  interest 


314  Chapters  213,  214  [1955 

and  principal  payments  in  accordance  with  the  terms  and 
conditions  of  the  bonds  or  notes  issued  under  the  authority  of 
this  act  for  the  purposes  herein  stated. 

7.     Takes  Effect.     This  act  shall  take  effect  on  April  1,  1956. 
[Approved  June  21,  1955.] 


CHAPTER  213. 

AN  ACT  RELATIVE  TO  LOANS  OF  CREDIT  UNIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Credit  Unions.  Amend  section  17  of  chapter  315,  Re- 
vised Laws,  as  amended  by  section  1,  chapter  26,  Laws  of  1949 
and  section  1,  chapter  145,  Laws  of  1953  (section  17,  chapter 
394,  RSA)  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  17.  Use  of  Funds.  While  awaiting 
calls  of  its  members  for  loans,  it  may  deposit  its  money  in  any 
savings  banks,  trust  company,  federal  savings  and  loan  asso- 
ciation, or  national  bank  in  this  state,  or,  by  majority  vote  of 
the  board  of  directors  and  with  the  approval  of  the  commis- 
sioner, in  any  savings  bank,  trust  company,  federal  savings 
and  loan  association,  or  national  bank  in  New  England  or,  with 
like  vote  and  approval,  may  make  loans  to  other  credit  unions 
chartered  under  the  laws  of  this  state  provided  that  the  lend- 
ing credit  union  has  assets  of  one  hundred  thousand  dollars  or 
more.  It  may  invest  any  surplus  funds  in  obligations  of  the 
United  States  government  or  of  the  government  of  Canada 
and  its  provinces. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  21,  1955.] 


CHAPTER  214. 

AN  ACT  RELATING  TO  INVESTMENTS  OF  SAVINGS  BANKS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Definition  of  Terms.     L     Amend  paragraph  XIV  of  sec- 


1955]  Chapter  214  315 

tion  1  of  chapter  310  of  the  Revised  Laws  as  inserted  by  chap- 
ter 195,  Laws  of  1953  (paragraph  XIV  of  section  1,  chapter  387, 
RSA)  by  inserting  after  the  words  "section  4"  where  they 
appear  therein  the  words,  and  in  section  5,  so  that  said  para- 
graph XIV  as  amended  shall  read  as  follows:  XIV.  Partici- 
pating Lender:  Any  bank,  banking  and  trust  company, 
national  bank  or  insurance  company  or  fraternal  benefit  society 
participating  in  or  holding  a  part  interest  in  a  legal  investment 
as  defined  in  paragraphs  I,  I-A,  I-B,  II  and  IV  of  section  4  and 
in  section  5  of  this  chapter. 

II.  Further  amend  said  section  1  by  inserting  after  the 
words  "section  4"  where  they  appear  in  paragraph  XV  there- 
of the  words,  and  in  section  5,  so  that  said  paragraph  XV  as 
amended  shall  read  as  follows:  XV.  Participating  Loan: 
Any  loan  made  by  each  of  several  savings  banks,  banking  and 
trust  companies,  national  banks  or  insurance  companies  or 
fraternal  benefit  societies  participating  severally  with  an 
originating  lender  in,  and  having  a  part  interest  in,  a  legal  in- 
vestment as  described  in  paragraphs  I,  I-A,  I-B,  II  and  IV, 
section  4  and  in  section  5  of  this  chapter. 

III.  Further  amend  said  section  1  by  inserting  immedi- 
ately after  paragraph  XVIII  thereof  the  following  new  para- 
graphs: XVIII  (a).  Total  Capital:  The  sum  of  (1)  the 
aggregate  principal  amount  of  the  outstanding  funded  debt, 

(2)  the  aggregate  amount  of  par  or  stated  capital  represented 
by  all  outstanding  preferred  and  common  stock  including 
premiums,  if  any,  on  such  preferred  and  common  stock  and 

(3)  surplus  accounts.  XVIII  (b).  Funded  Debt:  All  inter- 
est bearing  obligations  having  a  maturity  of  more  than  one 
year  from  their  dates  of  issue. 

2.  Legal  Investments;  Public  Obligations,  other  Municipali- 
ties of  the  United  States  or  Canada.  Amend  paragraph  IV  of 
section  6,  chapter  310  of  the  Revised  Laws  (paragraph  IV  of 
section  6,  chapter  387,  RSA)  by  striking  out  said  paragraph 
IV  and  inserting  in  place  thereof  the  following:  IV.  Other 
Municipalities  of  the  United  States  or  Canada.  The  author- 
ized bonds  and  notes  of  any  municipality  with  a  population  of 
fifty  thousand  inhabitants  of  any  other  states  or  territories  of 
the  United  States,  other  than  those  specified  in  paragraph  III, 
or  of  the  Dominion  of  Canada,  the  net  indebtedness  of  which 


316  Chapter  214  [1955 

municipality  does  not  exceed  seven  per  cent  of  its  assessed 
valuation. 

3.  Legal  Investments;  Railroads,  Bonds  and  Notes.  Amend 
paragraph  I  of  section  7  of  chapter  310  of  the  Revised  Laws  as 
inserted  by  chapter  195,  Laws  of  1953  (paragraph  I  of  section 
7,  chapter  387,  RSA)  by  striking  out  subparagraph  (c)  (1) 
thereof  and  inserting  in  place  thereof  the  following:  (1)  Fixed 
charges  coverage,  as  hereinafter  defined,  shall  be  at  least  equal 
to  one  and  one  quarter  and  at  least  equal  the  average  of  all 
Class  I  railroads  combined,  exclusive  of  switching  and  terminal 
companies;  and 

4.  Legal  Investments;  Utility  Companies,  Funded  Debt 
Obligations.  Amend  paragraph  I  of  section  8,  chapter  310  of 
the  Revised  Laws  as  inserted  by  chapter  195,  Laws  of  1953 
(paragraph  I  of  section  8,  chapter  387,  RSA)  by  striking  out 
subparagraph  (c)  thereof  and  inserting  in  place  thereof  the 
following  new  subparagraph  (c) :  (c)  In  at  least  three  of  the 
four  years  next  preceding  such  investment  the  net  income 
available  for  interest  shall  be  at  least  two  times  all  interest 
paid  during  such  years;  and 

Further  amend  said  paragraph  I  by  striking  out  the  last  two 
sentences  of  subparagraph  (d)  thereof  so  that  said  sub- 
paragraph (d)  as  amended  shall  read  as  follows:  (d)  The 
obligation  of  the  company  to  pay  interest  on  the  funded  debt 
obligation  is  fixed  and  absolute  subject  only  to  laws  of  general 
application  affecting  the  rights  and  remedies  of  mortgagees  and 
creditors. 

5.  Legal  Investments;  Utility  Companies,  Common  Stock. 

Amend  paragraph  III  of  section  8  of  chapter  310  of  the  Re- 
vised Laws  as  inserted  by  chapter  195,  Laws  of  1953  (para- 
graph III,  section  8,  chapter  387,  RSA)  by  striking  out  sub- 
paragraph (a)  thereof  and  inserting  in  place  thereof  the 
following:  (a)  All  funded  debt  obligations,  if  any,  and  all 
preferred  stock,  if  any,  senior  to  such  stock  are  legal  invest- 
ments hereunder;  and 

6.  Legal  Investments;  Water  Companies,  Bonds.  Amend 
paragraph  I  of  section  9,  chapter  310  of  the  Revised  Laws  as 
inserted  by  chapter  195,  Laws  of  1953  (paragraph  I  of  section 
9,  chapter  387,  RSA)  by  striking  out  the  words  "available  for 


1955]  Chapter  214  317 

interest,  after  all  taxes,"  where  they  appear  in  subparagraph 
(c)  thereof  so  that  said  subparagraph  (c)  as  amended  shall 
read  as  follows:  (c)  In  at  least  three  of  the  four  years  next 
preceding  such  investment  the  net  income  shall  be  at  least  two 
times  interest  obligations;  and 

7.  Legal  Investments;  Telephone  and  Telegraph  Companies, 
Preferred  Stock.  Amend  paragraph  11  of  section  10  of  chap- 
ter 310  of  the  Revised  Laws,  as  inserted  by  chapter  195,  Laws 
of  1953  (paragraph  II,  section  10,  chapter  387,  RSA)  by  strik- 
ing out  the  words  "after  all  taxes,"  from  subparagraph  (b)  so 
that  said  subparagraph  (b)  as  amended  shall  read  as  follows : 
(b)  The  net  income  available  for  interest  and  dividends  on 
such  stock  shall  be  at  least  two  times  interest  obligations  and 
dividend  requirements  on  such  preferred  stock;  and 

8.  Legal  Investments;  New  Hampshire  Companies,  Bonds 

and  Notes.  Amend  paragraph  I  of  section  II  of  chapter  310 
of  the  Revised  Laws  as  inserted  by  chapter  195,  Laws  of  195'' 
(paragraph  I  of  section  11,  chapter  387,  RSA)  by  striking  out 
subparagraph  (b)  and  inserting  in  place  thereof  the  follow- 
ing: (b)  In  at  least  four  of  the  five  years  next  preceding  the 
date  of  investment,  the  net  income  of  such  company  shall  have 
been  not  less  than  twice  interest  obligations. 

9.  Legal  Investments;  Industrial  Securities;  Bonds  and 
Notes.  Amend  paragraph  I  of  section  15  of  chapter  310  of  the 
Revised  Laws  as  inserted  by  chapter  195,  Laws  of  1953  (para- 
graph I,  section  15,  chapter  387,  RSA)  by  striking  out  that 
portion  of  said  paragraph  I  that  precedes  the  colon  and  in- 
serting in  place  thereof  the  following:  I.  Bonds  and  Notes. 
All  obligations  issued,  assumed  or  guaranteed  by  industrial 
companies  having  a  date  of  maturity  not  more  than  thirty 
years  from  the  date  of  investment,  provided: 

Further  amend  said  paragraph  I  by  striking  out  the  word 
"corporation"  wherever  it  appears  therein  and  inserting  in 
place  thereof  the  word  "company,"  so  that  said  paragraph  I 
as  amended  shall  read  as  follows : 

I.  Bonds  and  Notes.  All  obligations  issued,  assumed  or 
guaranteed  by  industrial  companies  having  a  date  of  maturity 
not  more  than  thirty  years  from  the  date  of  investment,  pro- 
vided : 

(a)   Such  company  shall  have  had  in  the  five  years  next 


318  Chapter  214  [1955 

preceding  investment  an  average  gross  income  of  at  least  ten 
million  dollars  and  average  net  income  available  for  dividends 
of  at  least  one  million  dollars ;  and 

(b)  The  debt  of  such  company,  including  current  liabili- 
ties at  the  end  of  the  year  next  preceding  such  investment, 
shall  not  exceed  fifty  per  cent  of  the  gross  assets  less  all  re- 
serves; and 

(c)  The  net  working  capital  of  such  company  shall  be 
at  least  two  times  the  total  bonds  and/or  debentures  at  the  end 
of  the  year  next  preceding  investment;  and 

(d)  Such  company  shall,  in  the  five  years  next  preced- 
ing investment  (1)  have  earned  the  interest  charges  on  its  en- 
tire debt  an  average  of  at  least  four  times,  and  (2)  in  no  more 
than  two  of  these  five  years  have  earned  such  interest  charges 
only  two  times,  and  (3)  in  the  year  next  preceding  investment 
have  earned  such  interest  charges  at  least  three  times. 

10.  Other  Legal  Investments.  Amend  section  16  of  chap- 
ter 310  of  the  Revised  Laws  as  inserted  by  chapter  195,  Laws 
of  1953  (section  16,  chapter  387,  RSA)  by  adding  after  para- 
graph IV  thereof  the  following  new  subparagraph  V:  V. 
Securities  of  the  Federal  National  Mortgage  Association. 
Capital  stock  or  obligations  issued  by  the  Federal  National 
Mortgage  Association. 

11.  Participating  Loans.  Amend  section  17  of  chapter  310 
of  the  Revised  Laws,  as  inserted  by  chapter  195,  Laws  of  1953 
(section  17,  chapter  387,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

17.  Participating  Loans.  Participating  loans  as  defined 
in  section  1,  paragrapli  XV  of  this  chapter,  shall  be  legal  in- 
vestments subject  to  the  provisions  of  this  section. 

I.  Mortgage  Loans.  Wherever  the  loan  constitutes  an 
interest  in  a  legal  investment  as  described  in  paragraphs  I,  I-A, 
I-B,  II  and  IV  of  section  4  of  this  chapter,  the  following  re- 
quirements shall  be  complied  with : 

(a)  Application  and  Appraisal.  The  participating 
lender  shall  obtain  and  retain  a  written  loan  application  by  the 
borrower  or  a  copy  or  summary  of  borrower's  written  appli- 
cation to  the  originating  lender,  which  application  or  copy  or 
summary  thereof  shall  bear  the  certification  of  two  members 


1955]  Chapter  214  319 

of  the  board  of  trustees  or  board  of  directors  of  the  partici- 
pating lender  of  the  value  of  the  premises  to  be  mortgaged 
according  to  their  best  judgment,  on  the  basis  of  an  appraisal 
made  by  one  of  their  members,  or  by  some  officer  of  the  bank  or 
some  appraiser  employed  by  the  bank  for  the  purpose  of 
appraising. 

(b)  Participation  Agreement.  The  originating 
lender  and  all  participating  lenders  shall  execute  a  partici- 
pation agreement  which  shall  incorporate :  the  extent  of  partici- 
pation by  the  originating  and  participating  lenders:  provision 
that  if  legal  right  therefor  exists,  foreclosure  proceedings  shall 
be  instituted  by  the  originating  lender  upon  written  request  by 
participating  lenders  representing  a  majority  of  the  amount 
of  the  total  outstanding  loan;  provision  that  if  legal  right  to 
foreclose  exists  the  originating  lender,  within  sixty  days  of 
written  notice  of  desire  to  withdraw  by  any  participating 
lender  shall  institute  foreclosure  proceedings  or  pay  to  such 
participating  lender  the  amount  then  currently  due  such  lender. 
In  case  of  any  change  in  the  names  of  or  the  extent  of  the 
participation  of  participating  lenders,  the  participation  agree- 
ment shall  be  amended  accordingly.  Each  participating  lender 
shall  obtain  and  retain  an  executed  original  or  a  certified  or 
photostatic  copy  of  the  participation  agreement  and  any 
amendment  thereof. 

(c)  Participation  Certificates.  Each  participating 
lender  shall  obtain  and  retain  a  participation  certificate  from 
the  originating  lender.  Such  participation  certificate  shall  set 
forth  the  full  amount  of  the  loan,  the  name  and  extent  of 
participation  of  each  participating  lender,  the  date  and  terms 
of  amortization  of  the  loan,  and  that  the  originating  lender 
holds  a  note  and  mortgage  duly  executed  by  the  borrower  for 
the  full  amount  of  the  loan.  In  case  of  any  change  in  the  names 
or  of  the  extent  of  the  participation  of  participating  lenders,  a 
new  and  substituted  participation  certificate  shall  be  issued 
to  each  participating  lender. 

(d)  Insurance  Statement.  The  originating  lender 
shall  submit  to  and  each  participating  lender  shall  retain  a 
certified  statement  signed  by  one  of  the  officers  of  the  originat- 
ing lender  showing  the  amount  and  type  of  insurance  on  the 
mortgaged  premises. 

II.     Collateral   and   Unsecured    Loans.     Wherever   the 


320  Chapter  214  [1955 

loan  constitutes  an  interest  in  a  legal  investment  as  described 
in  section  5  of  this  chapter,  the  following  requirements  shall  be 
complied  with: 

(a)  Participation  Agreement.  The  originating 
lender  and  all  participating  lenders  shall  execute  a  partici- 
pation agreement  which  shall  incorporate:  the  extent  of 
participation  by  the  originating  and  participating  lenders ;  and 
provision  that,  if  the  loan  shall  be  in  default  as  to  principal 
or  interest,  the  originating  lender,  upon  receipt  of  written 
notice  of  desire  to  withdraw  by  any  participating  lender,  shall 
forthwith  exercise  all  rights  available  to  realize  on  any 
collateral  held  as  security  for  the  loan  and  to  collect  the  loan 
from  the  borrower  or  borrowers  or  pay  to  such  participating 
lender  the  amount  then  currently  due  such  lender. 

(b)  Participation  Certificate.  Each  participating 
lender  shall  obtain  and  retain  a  participation  certificate  from 
the  originating  lender  setting  forth  the  full  amount  of  the  loan, 
the  name  and  extent  of  participation  of  each  participating 
lender,  the  date  and  terms  of  amortization  of  the  loan  and  that 
the  originating  lender  holds  a  note  duly  executed  by  the 
borrower  for  the  full  amount  of  the  loan.  In  case  of  any  change 
in  the  names  of  or  the  extent  of  the  participation  of  partici- 
pating lenders,  a  new  and  substituted  participation  certificate 
shall  be  issued  to  each  participating  lender. 

(c)  Statement  of  Collateral.  The  originating  lender 
shall  submit  to  and  each  participating  lender  shall  retain  a 
certified  statement  signed  by  one  of  the  officers  of  the  origi- 
nating lender  showing  the  amount  and  nature  of  any  collateral 
held  by  the  originating  lender  as  security  for  the  loan.  In  case 
of  any  change  in  the  amount  or  nature  of  the  collateral,  an 
amended  statement  shall  be  submitted  by  the  originating 
lender  and  retained  by  the  participating  lenders. 

12.  Prudent  Investments.  Amend  section  18  of  chapter 
310  of  the  Revised  Laws  as  inserted  by  chapter  195,  Laws  of 
1953  (section  18,  chapter  387,  RSA)  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  18. 
Prudent  Investments.  Not  exceeding  five  per  cent  of  the  de- 
posits of  a  savings  bank  or  the  savings  department  of  a  bank- 
ing and  trust  company  may  be  invested,  subject  to  the  limita- 
tions expressed  in  section  3  of  this  chapter,  in  securities  which 


1955]  Chapter  214  321 

are  not  authorized  investments  under  sections  of  this  chapter 
numbered  6  to  16  inclusive,  but  which  are  prudent  investments 
for  such  a  bank  to  make,  provided :  (a)  The  bank  making  such 
investment  shall  have  capital  funds  equal  to  at  least  ten  per 
cent  of  its  deposits;  and  (b)  The  securities  being  purchased 
under  the  authorization  of  this  section  do  not,  when  added  to 
all  other  securities  then  owned  by  the  bank,  the  purchase  of 
which  would  not  then  be  authorized  by  the  other  sections  of 
this  chapter,  exceed  five  per  cent  of  its  deposits. 

13.  New  Hampshire  Real  Estate.  Amend  paragraph  I  of 
section  4  of  chapter  310  of  the  Revised  Laws  as  inserted  by 
chapter  195,  Laws  of  1953  (paragraph  I  of  section  4,  chapter 
387,  RSA)  by  inserting  after  the  word  "title"  in  the  forty-first 
line  the  following:  or  (3)  that  portion  of  any  loan  or 
obligation  which  the  Small  Business  Administration  has  un- 
conditionally agreed  to  purchase,  so  that  said  paragraph  as 
amended  shall  read  as  follows:  L  New  Hampshire  Real 
Estate.  Those  directly  secured  by  first  mortgage  on  real 
estate  situated  within  this  state  or  within  any  state  contigu- 
ous to  this  state;  but  no  such  investment  shall  be  in  a  loan 
that  exceeds  seventy  per  cent  of  the  value  of  the  real  estate 
by  which  it  is  secured ;  except  that  investment  may  be  in  a  loan 
which  exceeds  seventy  per  cent  but  not  eighty  per  cent  of  the 
value  of  the  real  estate  by  which  it  is  secured,  provided  that 
ft  be  secured  by  a  first  mortgage  on  real  estate  in  this  state 
containing  a  dwelling  unit  for  not  more  than  four  families,  and 
which  mortgage  shall  provide  for  payment  of  the  note  within 
a  period  of  twenty  years  from  the  date  when  the  first  monthly 
payment  shall  become  due,  and  the  first  monthly  payment 
shall  become  due  nine  months  from  the  date  of  the  note  or  one 
month  from  the  final  disbursement  of  funds,  whichever  shall 
first  occur,  and  which  payments  shall  include  a  proportionate 
share  of  the  amount  necessary  to  pay  the  real  estate  and  other 
taxes  upon  such  property.  No  loan  on  mortgage  shall  be  made 
except  upon  written  application  showing  the  date,  name  of 
applicant,  amount  asked  for  and  security  oft'ered,  and  except 
upon  report  of  not  less  than  two  members  of  the  board  of 
trustees  or  board  of  directors,  who  shall  certify  on  said 
application,  according  to  their  best  judgment,  on  the  basis  of 
an  appraisal  made  by  one  of  their  members,  or  by  some  officer 
of  the  bank,  or  some  appraiser  employed  by  the  bank  for  the 


322  Chapter  214  [1955 

purpose  of  appraisal,  the  value  of  the  premises  to  be  mort- 
gaged; and  such  application  shall  be  filed  and  preserved  with 
the  records  of  the  corporation.  The  premises  so  mortgaged 
shall  be  revalued  in  the  same  manner  at  intervals  of  not  more 
than  five  years  so  long  as  they  are  mortgaged  to  the  corpora- 
tion. If  at  the  time  of  such  revaluation  the  amount  of  the  loan 
is  in  excess  of  the  percentage  of  the  value  of  the  premises 
mortgaged  as  allowed  above,  a  sufficient  reduction  in  the 
amount  of  the  loan  shall  be  required,  as  promptly  as  may  be 
practical,  to  bring  the  loan  to  within  the  authorized  percentage. 
In  determining  whether  any  loan  exceeds  the  authorized  per- 
centage of  the  value  of  the  real  estate,  no  consideration  shall 
be  given  to  (1)  that  portion  of  the  obligation  which  is  guaran- 
teed by  the  Administrator  of  Veterans'  Affairs  under  Title 
III  of  the  Servicemen's  Readjustment  Act  of  1944,  as  amended 
from  time  to  time,  or  (2)  an  obligation  wholly  guaranteed 
under  such  title  or  (3)  that  portion  of  any  loan  or  obligation 
which  the  Small  Business  Administration  has  unconditionally 
agreed  to  purchase,  nor  shall  any  bank  be  restricted  to  the 
above  authorized  percentages  on  a  loan  secured  by  property 
which  the  borrower  is  purchasing  from  the  bank. 

14.  Other  Real  Estate.  Amend  paragraph  IV  of  section  4 
of  chapter  310  of  the  Revised  Laws  as  inserted  by  chapter  195, 
Laws  of  1953  (paragraph  I  of  section  4,  chapter  387,  RSA)  by 
inserting  after  the  word  "title"  in  the  sixteenth  line  the  follow- 
ing: or  (3)  that  portion  of  any  loan  or  obligation  which  the 
Small  Business  Administration  has  unconditionally  agreed  to 
purchase,  so  that  said  paragraph  as  amended  shall  read  as 
follows:  IV.  Other  Real  Estate.  Those  directly  secured  by 
first  mortgage  on  real  estate  situated  without  this  state,  but 
entirely  within  the  United  States,  except  as  provided  in  para- 
graph I,  which  at  the  time  of  such  investment  is  improved, 
occupied  and  productive;  and  no  such  investment  shall  be  in  a 
loan  that  exceeds  fifty  per  cent  of  the  value  of  the  real  estate 
by  which  it  is  secured,  unless  the  loan  is  further  secured  by  a 
guaranty  satisfactory  to  the  commissioner,  in  which  case  it 
shall  not  exceed  sixty  per  cent  of  the  value  of  the  real  estate 
by  which  it  is  secured.  In  determining  whether  any  loan  ex- 
ceeds the  above  specified  percentages  of  the  value  of  the  real 
estate,  no  consideration  shall  be  given  to  (1)  that  portion  of 
the  obligation  which  is  guaranteed  by  the  Administrator  of 


1955]  Chapter  214  323 

Veterans'  Affairs  under  Title  III  of  the  Servicemen's  Readjust- 
ment Act  of  1944  as  amended  from  time  to  time  or  (2)  an 
obligation  wholly  guaranteed  under  such  title  or  (3)  that 
portion  of  any  loan  or  obligation  which  the  Small  Business  Ad- 
ministration has  unconditionally  agreed  to  purchase,  nor  shall 
any  bank  be  restricted  to  the  above  authorized  percentages  on 
a  loan  secured  by  property  which  the  borrower  is  purchasing 
from  the  bank.  The  provisions  of  this  paragraph  shall  not  apply 
to  bonds  of  railroads,  utilities,  water  companies  or  telephone 
and  telegraph  companies.  No  loan  or  investment  shall  be  made 
under  this  paragraph  upon  real  estate  situated  outside  of  New 
England  except  through  or  from  an  individual,  partnership, 
association  or  corporation  duly  registered  as  a  dealer  in  securi- 
ties in  this  state,  nor  except  upon  written  application  showing 
the  date,  name  of  applicant,  amount  asked  for  and  security 
offered. 

15.  Purchase,  Sale  and  Servicing  of  Loans.  Amend  chap- 
ter 310  of  the  Revised  Laws  as  inserted  by  chapter  195,  Laws 
of  1953  (chapter  387,  RSA)  by  inserting  after  section  21  the 
following  new  section :     21-a.     Purchase,  Sale  and  Servicing  of 

Loans.  Any  savings  bank  may  sell,  transfer,  assign,  purchase 
and  repurchase  loans  authorized  by  this  chapter  and  may  act 
as  servicing  agent  for  the  collection  and  application  of  pay- 
ments due  on  account  of  loans  owned  by  others  and  may  em- 
'ploy  others  to  act  as  servicing  agents  for  the  collection  and 
application  of  payments  due  on  account  of  loans  owned  by  it. 

16.  Collateral  Loans.  Amend  section  5  of  chapter  310  of 
the  Revised  Laws  as  inserted  by  chapter  195,  Laws  of  1953 
(section  5,  chapter  387,  RSA)  by  inserting  after  paragraph 
III  the  following  new  paragraph :  Ill-a.  Notes  eligible  for  in- 
surance by  the  Federal  Housing  Commissioner,  provided  a 
contract  of  insurance  exists  between  the  holder  and  the 
Federal  Housing  Commissioner  as  provided  in  Title  I  of  the 
National  Housing  Act. 

17.  Unsecured  Loans.  Amend  paragraph  IV  of  said  sec- 
tion 5  by  striking  out  all  after  the  word  "note"  in  the  twelfth 
line  so  that  said  paragraph  as  amended  shall  read  as  follows : 
IV.  Unsecured.  Notes  with  two  or  more  signers,  or  one  or 
more  endorsers,  or  notes  of  noncorporate  makers  whose  net 
worth  is  not  less  than  two  hundred  and  fifty  thousand  dollars. 


324  Chapter  215  [1955 

No  savings  bank  shall  invest  under  this  paragraph,  except  in 
notes  with  two  or  more  signers,  or  one  or  more  endorsers,  un- 
less its  guaranty  fund  is  full  and  unimpaired  and  the  total 
value  of  its  assets  as  determined  by  the  commissioner  exceeds 
the  amount  of  its  deposits  by  at  least  ten  per  cent.  A  bank 
which  takes  under  this  paragraph  a  note  payable  on  demand 
shall  demand  payment  of  said  note  not  later  than  one  year 
from  the  date  thereof,  but  may  accept  a  new  note  in  payment 
of  such  demand  note. 

18.  Investments  of  Savings  Banks.  Limitations.  Amend 
paragraph  I  of  section  3  of  chapter  310  of  the  Revised  Laws  as 
inserted  by  chapter  195  of  the  Laws  of  1953  (section  3,  chap- 
ter 387,  RSA)  by  striking  out  said  paragraph  and  inserting 
in  place  thereof  the  following:  L  Not  exceeding  fifteen  per 
cent  of  the  capital  funds  shall  be  invested  in  the  obligations 
or  stock  of  any  individual,  partnership  or  corporation  except 
public  obligations  and  loans  authorized  by  paragraphs  II  and 
III  of  section  4  of  this  chapter.  Notwithstanding  the  foregoing 
a  bank  having  deposits  of  one  million  five  hundred  thousand 
dollars  or  less  may  invest  an  amount  not  exceeding  two  and 
one-half  per  cent  of  said  deposits  or  fifteen  per  cent  of  capital 
funds,  whichever  is  greater,  in  loans  authorized  by  paragraph 
I  of  section  4  of  this  chapter. 

19.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  21,  1955.] 


CHAPTER  215. 


AN  ACT  RELATIVE  TO  FEES  FOR  COUNSEL  ASSIGNED  BY  COURT 
IN  CERTAIN  CASES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Assignment  of  Counsel.  Amend  section  3  of  chapter 
428  of  the  Revised  Laws  (section  3,  chapter  604,  RSA)  by 
striking  out  the  words  "not  exceeding  one  hundred  and  fifty 
dollars  in  all  at  any  one  trial"  and  inserting  in  place  thereof 
the  words,  not  to  exceed  five  hundred  dollars  and  reasonable 
expenses,  so  that  said  section  as  amended  shall  read  as  follows : 


1955]  Chapters  216,  217  325 

3.  Counsel  Fees.  Counsel  so  assigned  by  the  court  shall  re- 
ceive reasonable  compensation  for  their  services  not  to  exceed 
five  hundred  dollars  and  reasonable  expenses  which  shall  be 
allowed  by  the  court  and  paid  by  the  county. 

2.     Takes  Effect.      This  act  shall  take  effect  upon  its 
passage. 
[Approved  June  21,  1955.] 


CHAPTER  216. 

AN  ACT  RELATIVE  TO  THE  DEFINITIONS  OF  THE  WORD  BEVERAGE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Definitions.  Amend  paragraph  II  of  section  1  of  chap- 
ter 170  of  the  Revised  Laws  (paragraph  II,  section  1,  chapter 
175,  RSA)  by  striking  out  said  paragraph  and  inserting  in 
place  thereof  the  following:  11.  "Beverage,"  any  beer,  lager 
beer,  ale,  porter,  wine,  similar  fermented  malt  or  vinous  liquors 
and  fruit  juices  and  any  other  liquid  intended  for  human  con- 
sumption as  a  beverage  containing  one  per  cent  or  more  of 
alcohol  by  volume  and  not  more  than  six  per  cent  of  alcohol 
"by  volume  at  sixty  degrees  Fahrenheit. 

2.     Takes  Effect.      This  act   shall  take  effect  upon  its 
passage. 
[Approved  June  21,  1955.] 


CHAPTER  217. 


AN  ACT  RELATIVE  TO  THE  USE  OF  FLASHING  RED  LIGHTS  OR  RED 
BEACONS  ON  MOTOR  VEHICLES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Emergency  Motor  Vehicles.  Amend  section  20  of  chap- 
ter 119  of  the  Revised  Laws  (section  40,  chapter  263,  RSA)  by 
inserting  after  the  word  "siren"  in  the  second  and  sixth  lines 


326  Chapter  218  [1955 

the  words,  or  flashing  red  light,  so  that  said  section  as  amended 
shall  read  as  follows:  20.  Emergency  Vehicles.  A  person 
operating  an  emergency  vehicle,  as  defined  in  section  6,  shall 
not  use  the  siren  or  flashing  red  light  except  when  such 
vehicle  is  being  operated  in  response  to  an  emergency  call,  or 
in  immediate  pursuit  of  an  actual  or  suspected  violator  of  the 
law.  An  operator  of  a  motor  vehicle  being  operated  on  the  ways 
of  this  state  upon  the  approach  of  an  emergency  motor  vehicle 
with  its  siren  or  flashing  red  light  in  operation  shall  turn  im- 
mediately as  far  as  possible  toward  the  right-hand  side  of  the 
way  and  shall  bring  his  vehicle  to  a  standstill  until  such 
emergency  vehicle  has  passed. 

2.     Takes  Effect.      This  act   shall  take  effect  upon  its 
passage. 
[Approved  June  22,  1955.] 


CHAPTER  218. 

AN  ACT  RELATIVE  TO  CIVIL  DEFENSE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Civil  Defense  Act.  Amend  section  5  of  chapter  304  of 
the  Laws  of  1949,  as  amended  by  chapter  204,  Laws  of  1951, 
and  chapter  224,  Laws  of  1953  (chapter  107,  RSA)  by  adding 
at  the  end  thereof  the  following  new  paragraph:  IX.  To 
direct  and  control  pedestrian  and  vehicular  traffic,  transporta- 
tion and  communication  facilities,  public  utilities  and  the 
movement  and  conduct  of  all  persons  within  the  state,  during 
practice  blackouts,  drills,  and  tests  and  immediately  prior  and 
subsequent  thereto,  provided,  however,  that,  nothing  in  this 
chapter  to  the  contrary  notwithstanding,  the  power  to  direct 
and  control  transportation  and  communications  facilities  and 
public  utilities  during  practice  blackouts,  drills  and  tests,  and 
immediately  prior  and  subsequent  thereto,  shall  not  be 
delegable  except  to  such  responsible  officers  or  agents  of  the 
public  utilities  and  transportation  or  communications  systems 
affected  as  may  be  designated  by  the  respective  presidents  or 
vice-presidents  thereof. 


1955]  Chapter  218  327 

2.  Local  Organization.  Amend  section  9  of  chapter  304  of 
the  Laws  of  1949,  as  amended  by  chapter  204,  Laws  of  1951, 
and  chapter  224,  Laws  of  1953  (section  10,  chapter  107,  RSA) 
by  striking  out  the  same  and  inserting  in  place  thereof  the 
following  so  that  said  section  as  amended  shall  read  as  follows : 
9.  Local  Organization  for  Civil  Defense,  (a)  Each  political 
subdivision  of  the  state  is  authorized  to  and  shall  establish  a 
local  organization  for  civil  defense  in  accordance  with  the 
state  civil  defense  plan  and  program.  Each  local  organization 
for  civil  defense  shall  have  a  local  director  who  shall  be 
appointed  and  removed  with  or  without  cause  by  the  city 
council  of  a  city  or  board  of  selectmen  of  a  town,  and  who  shall 
have  direct  responsibility  for  the  organization,  administration 
and  operation  of  such  local  organization  for  civil  defense,  sub- 
ject to  the  direction  and  control  of  such  city  council  or  select- 
men. The  city  council  of  a  city  or  board  of  selectmen  of  a  town 
may  appoint  one  of  their  own  members  or  any  other  citizen 
or  official  to  act  as  director.  If  a  local  director  is  removed  by  a 
city  council  of  a  city  or  board  of  selectmen  of  a  town,  the  state 
director  shall  be  notified  immediately.  Each  local  organization 
for  civil  defense  shall  perform  civil  defense  functions  within 
the  territorial  limits  of  a  political  subdivision  within  which  it  is 
organized,  and,  in  addition,  shall  conduct  such  functions  out- 
side of  such  territorial  limits  as  may  be  required  pursuant  to 
the  provisions  of  section  8  of  this  chapter,  (b)  Until  a  local 
director  has  been  appointed,  the  mayor  of  such  city  or  chair- 
man of  the  board  of  selectmen  of  such  town  shall  be  directly 
responsible  for  the  organization,  administration  and  operation 
of  such  local  organization  for  civil  defense,  and  the  governor 
and  council  by  formal  action  shall  notify  said  mayor  or  chair- 
man accordingly,  (c)  In  carrying  out  the  provisions  hereof 
each  political  subdivision,  in  which  any  disaster  is  described  in 
section  2  hereof  occurs,  shall  have  the  power  to  enter  into  con- 
tracts and  incur  obligations  necessary  to  combat  such  disaster, 
protecting  the  health  and  safety  of  persons  and  property,  and 
providing  emergency  assistance  to  the  victims  of  such  disaster. 
Each  political  subdivision  is  authorized  to  exercise  the  powers 
vested  under  this  section  in  the  light  of  the  exigencies  of  the 
extreme  emergency  situation  without  regard  to  time-consum- 
ing procedures  and  formalities  prescribed  by  law  (excepting 
mandatory  constitutional  requirements)  pertaining  to  the  per- 


328  Chapter  218  [1955 

formance  of  public  work,  entering  into  contracts,  the  incurring 
of  obligations,  the  employment  of  temporary  workers,  the 
rental  of  equipment,  the  purchase  of  supplies  and  materials, 
and  the  appropriation  and  expenditure  of  public  funds. 

3.  Administration  of  Loyalty  Oath.  Amend  section  16  of 
chapter  304  of  the  Laws  of  1949,  as  inserted  by  chapter  224, 
Laws  of  1953  (section  17,  chapter  107,  RSA)  by  adding  at  the 
end  thereof  the  following :  For  the  purposes  of  administering 
the  foregoing  loyalty  oath,  the  state  director  of  civil  defense 
and  such  local  and  state  civil  defense  officials  as  may  be  desig- 
nated by  him  in  writing  are  authorized  to  administer  said  oath 
in  this  state  to  persons  appointed  to  serve  in  any  organization 
for  civil  defense ;  so  that  said  section  as  amended  shall  read  as 
follows:  16.  Civil  Defense  Personnel.  No  person  shall  be 
employed  or  associated  in  any  capacity  in  any  civil  defense 
organization  established  hereunder  who  advocates  or  has  ad- 
vocated a  change  by  force  or  violence  in  the  constitutional  form 
of  the  government  of  the  United  States  or  in  this  state  or  the 
overthrow  of  any  government  in  the  United  States  by  force 
and  violence,  or  who  has  been  convicted  of  or  is  under  indict- 
ment or  information  charging  any  subversive  act  against  the 
United  States.  Each  person  who  is  appointed  to  serve  in  an 
organization  for  civil  defense  shall,  before  entering  upon  his 
duties,  take  an  oath,  in  writing,  before  a  person  authorized  to 
administer  oaths  in  this  state,  which  oath  shall  be  as  follows : 
"I  ....  do  solemnly  swear  (or  affirm)  that  I  will  support  and 
defend  the  constitution  of  the  United  States,  and  the  consti- 
tution of  the  state  of  New  Hampshire,  against  all  enemies, 
foreign  and  domestic ;  that  I  will  bear  true  faith  and  allegiance 
to  the  same;  that  I  take  this  oath  freely,  without  any  mental 
reservation  or  purpose  of  evasion ;  and  that  I  will  well  and  faith- 
fully discharge  the  duties  upon  which  I  am  about  to  enter.  And 
I  do  further  swear  (or  affirm)  that  I  do  not  advocate,  nor  am 
I  a  member  of  any  political  party  or  organization  that  advocates 
the  overthrow  of  the  government  of  the  United  States  or  of 
the  state  of  New  Hampshire  by  force  or  violence;  and  that 
during  such  time  as  I  am  a  member  of  the  State  Civil  Defense 
Agency,  I  will  not  advocate  nor  become  a  member  of  any 
political  party  or  organization  that  advocates  the  overthrow  of 
the  government  of  the  United  States  or  of  the  state  of  New 
Hampshire  by  force  or  violence."  For  the  purposes  of  adminis- 


1955]  Chapter  218  329 

tering  the  foregoing  loyalty  oath,  the  state  director  of  civil  de- 
fense and  such  local  and  state  civil  defense  officials  as  may  be 
designated  by  him  in  writing  are  authorized  to  administer  said 
oath  in  this  state  to  persons  appointed  to  serve  in  any  organ- 
ization for  civil  defense. 

4.  Auxiliary  Police,  Powers  of  Arrest.  Amend  section  19 
of  chapter  304,  of  the  Laws  of  1949,  as  inserted  by  chapter  224, 
Laws  of  1953  (section  19,  chapter  107,  RSA)  by  adding  at  the 
end  thereof  the  words :  For  purposes  of  this  act  civil  defense 
auxiliary  police,  state  and  local,  during  emergencies  and  during 
drills  and  tests  and  when  wearing  or  exhibiting  their  uniform, 
badge  or  other  insignia  of  authority,  shall  have  the  same 
authority  to  make  arrests  as  provided  herein  for  peace 
officers,  so  that  said  section  as  amended  shall  read  as  follows: 
19.  Arrest  Without  Warrant.  A  peace  officer,  when  in  full 
and  distinctive  uniform  or  displaying  a  badge  or  other  insignia 
of  authority,  may  arrest  without  a  warrant  any  person  violat- 
ing or  attempting  to  violate  in  such  officer's  presence  any  order, 
rule,  or  regulation  made  pursuant  to  this  chapter.  This 
authority  shall  be  limited  to  those  rules  and  regulations  which 
affect  the  public  generally.  For  purposes  of  this  act  civil  de- 
fense auxiliary  police,  state  and  local,  during  emergencies  and 
during  drills  and  tests  and  when  wearing  or  exhibiting  their 
"uniform,  badge  or  other  insignia  of  authority,  shall  have  the 
same  authority  to  make  arrests  as  provided  herein  for  peace 
officers. 

5.  Penalty.  Amend  chapter  304  of  the  Laws  of  1949  as  in- 
serted by  chapter  224,  Laws  of  1953  by  adding  the  following 
new  section:  23.  Penalty.  If  any  person  shall  violate  or 
attempt  to  violate  any  order,  rule  or  regulation  made  pursuant 
to  this  chapter  he  shall  be  imprisoned  not  more  than  six 
months,  or  fined  not  more  than  one  hundred  dollars. 

6.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  22,  1955.] 


330  Chapter  219  [1955 

CHAPTER  219. 

AN  ACT  RELATIVE  TO  VOTING  BY  ARMED  SERVICES  ABSENTEES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Absentee  Voting.  Amend  section  1  of  chapter  100  of 
the  Laws  of  1951  (section  16,  chapter  60,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  1. 
Members  of  the  Armed  Forces  and  Civilians  Serving  There- 
with. Any  armed  services  absentee  as  hereinafter  defined 
voting  as  herein  permitted  may  substitute  for  the  jurat  re- 
quired by  chapter  34  of  the  Revised  Laws  and  transmit  with 
the  sealed  ballot  a  written  statement  in  such  form  as  the  secre- 
tary of  state  shall  prescribe,  setting  forth  the  facts  required, 
made  before  any  commissioned  officer,  non-commissioned 
officer,  or  petty  officer,  in  the  armed  forces  of  the  United  States 
and  any  member  of  the  merchant  marine  of  the  United  States 
designated  for  this  purpose  by  the  secretary  of  commerce,  or 
any  civilian  official  empowered  by  state  or  federal  law  to  ad- 
minister oaths. 

2.  Terms  Defined.  Amend  section  2,  chapter  100,  Laws  of 
1951  (section  17,  chapter  60,  RSA)  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  2.  Definition 
of  Armed  Services  Absentee.  The  term  "armed  services 
absentee"  as  used  herein  shall  be  construed  to  mean :  I.  Mem- 
bers of  the  armed  forces  while  in  the  active  service  at  any 
time ;  and  their  spouses  and  dependents  when  absent  from  city, 
town  or  place  in  which  qualified  to  vote  on  the  day  of  the  bien- 
nial election.  The  term  "armed  forces"  shall  be  interpreted  to 
mean  and  include  the  Army  of  the  United  States,  Navy,  Air 
Force  of  the  United  States,  Marine  Corps,  Coast  Guard,  Coast 
and  Geodetic  Survey,  and  Public  Health  Service,  and  all  Regular 
and  Reserve  components  thereof. 

II.  Members  of  the  merchants  marine  of  the  United 
States  at  any  time;  and  their  spouses  and  dependents  when 
absent  from  city,  town  or  place  in  which  qualified  to  vote  on 
the  day  of  the  biennial  election.  The  term  "members  of  the 
merchant  marine  of  the  United  States"  means  persons  (other 
than  members  of  the  armed  forces)  employed  as  officers  or 
members  of  crews  of  vessels  documented  under  the  laws  of  the 


1955]  Chapter  220  331 

United  States,  or  of  vessels  owned  by  the  United  States,  or  of 
vessels  of  foreign-flag  registry  under  charter  to  or  control  of 
the  United  States,  and  persons  (other  than  members  of  the 
armed  forces)  enrolled  with  the  United  States  for  employment, 
or  for  training  for  employment,  or  maintained  by  the  United 
States  for  emergency  relief  service,  as  officers  or  members  of 
crews  of  any  such  vessels ;  but  does  not  include  persons  so  em- 
ployed or  enrolled  for  such  employment  or  for  training  for  such 
employment,  or  maintained  for  such  emergency  relief  service, 
on  the  Great  Lakes  or  the  inland  waterways. 

III.  Civilian  employees  of  the  United  States  in  all  cate- 
gories serving  outside  the  territorial  limits  of  the  several 
states  of  the  United  States  and  the  District  of  Columbia  and 
their  spouses  and  dependents  when  residing  with  or  accom- 
panying them,  whether  or  not  the  employee  is  subject  to  the 
civil  service  laws  and  the  Classification  Act  of  1949,  and 
whether  or  not  paid  from  funds  appropriated  by  the 
Congress. 

IV.  Members  of  religious  groups  or  welfare  agencies 
assisting  members  of  the  armed  forces,  who  are  officially 
attached  to  and  serving  with  the  armed  forces,  and  their 
spouses  and  dependents  when  residing  with  or  accompanying 
them. 

.    3.    Takes   Effect.      This   act    shall   take    effect   upon    its 

passage. 

[Approved  June  22,  1955.] 


CHAPTER  220. 


AN  ACT  PROVIDING  FOR  GIVING  NOTICE  OF  CLAIMS  FOR  DAMAGES 
FOR  SKIING  INJURIES. 

Be  it  enacted  by  the  Senate  and  Hottse  of  Representatives  in 
General  Court  convened: 

1.  Limitation  of  Actions.  Amend  chapter  385  of  the  Re- 
vised Laws  (chapter  508,  RSA)  by  inserting  after  section  3 
the  following  new  section:  3-a.  Skiing  Injuries.  Notwith- 
standing the  provisions  of  section  3  of  this  chapter,  actions  to 
recover  damages  for  personal  injuries  sustained  while  actually 


332  Chapter  221  [1955 

engaged  in  skiing  may  be  brought  within  one  year  after  the 
cause  of  action  accrued,  and  not  afterward.  This  section  shall 
not  apply  to  any  such  action  which  shall  have  accrued  prior  to 
July  1,  1955. 

2.     Takes  Effect.     This  act  shall  take  effect  July  1,  1955. 
[Approved  June  23,  1955.] 


CHAPTER  221. 


an  act  relative  to  state  owned  parking  areas  at 
Hampton  Beach. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Hampton  Beach  Parking  Areas.  Amend  chapter  218  of 
the  Laws  of  1953  (chapter  216,  RSA)  by  inserting  after  sec- 
tion 5  thereof  the  following  new  section :  5-a.  Regulation  of 
Parking  Areas.  The  forestry  and  recreation  commission  may 
provide  reasonable  rules  and  regulations  governing  the  park- 
ing areas  and  establishing  the  fees  to  be  charged.  Any  person 
violating  any  of  said  rules  or  regulations  shall  be  subject  to  a 
fine  of  five  dollars;  provided,  however,  that  if  said  violation 
consists  of  failure  to  pay  the  fee  required  by.  meters  or  other- 
wise, and  the  violator  reports  to  the  Hampton  police  station 
within  twenty-four  hours  of  said  violation  and  executes  a 
power  of  attorney  over  to  the  attendant  at  said  station,  he  may 
pay  the  sum  of  one  dollar  for  each  violation.  Ten  per  cent  of  the 
said  one  dollar  fines  shall  be  retained  by  the  Hampton  police 
department,  and  the  remainder  paid  over  the  recreation 
division  monthly,  to  be  used  as  provided  in  section  10  hereof. 

2.     Takes  Effect.      This  act  shall  take  effect  upon  its 
passage. 
[Approved  June  23,  1955.] 


1955]  Chapters  222, 223  333 

CHAPTER  222. 

AN  ACT  TO  CHANGE  THE  METHOD  OF  APPOINTMENT  OF  MEMBERS 

OF  THE  New  Hampshire  commissioners  of  the 

Northeastern  Forest  Fire  Protection 

Commission. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Appointment.  Amend  section  3  of  chapter  302  of  the 
Laws  of  1949  (section  4,  chapter  226,  RSA)  by  striking  out 
the  words  "with  the  advice  and  consent  of  the  council"  in  the 
third  Hne  so  that  said  section  shall  read  as  follows :  3.  Com- 
mission. After  the  aforesaid  compact  shall  become  operative 
and  effective  as  provided  for  in  section  2,  the  governor  shall 
appoint  three  members  hereinafter  called  commissioners  of 
the  Northeastern  Forest  Fire  Protection  Commission,  One  of 
such  commissioners  shall  always  be  the  state  forester,  the 
second  shall  be  a  member  of  the  legislature  and  the  third  shall 
be  a  citizen  of  the  state  designated  by  the  governor  as  his 
responsible  representative  to  serve  at  the  pleasure  of  the 
governor. 

2.     Takes  Effect.      This  act   shall  take  effect  upon  its 
passage. 
{Approved  June  23,  1955.] 


CHAPTER  223. 

AN  ACT  relative  TO  JURISDICTION  OF  THE  UNITED  STATES  OYER 
LAND  WITHIN  NEW  HAMPSHIRE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Jurisdiction  of  the  United  States.  Amend  Revised 
Laws,  chapter  1,  section  1  (section  1,  chapter  123,  RSA)  by  in- 
serting after  the  word  "custom-houses"  in  the  third  line  of  said 
section,  the  words,  mihtary  air  bases,  miUtary  installations,  so 
that  said  section  as  amended  shall  read  as  follows :  1.  Ceded 
to  United  States.  Jurisdiction  is  ceded  to  the  United  States  of 
America  over  all  lands  within  this  state  now  or  hereafter  ex- 


334  Chapter  224  [1955 

clusively  owned  by  the  United  States,  and  used  as  sites  for  post 
offices,  custom-houses,  military  air  bases,  mihtary  installations 
or  other  public  buildings :  provided,  that  an  accurate  description 
and  plan  of  the  lands  so  owned  and  occupied,  verified  by  the 
oath  of  some  officer  of  the  United  States  having  knowledge  of 
the  facts,  shall  be  filed  with  the  secretary  of  this  state;  and, 
provided,  further,  that  this  cession  is  upon  the  express  condi- 
tion that  the  state  of  New  Hampshire  shall  retain  concurrent 
jurisdiction  with  the  United  States  in  and  over  all  such  lands, 
so  far  that  all  civil  and  criminal  process  issuing  under  the 
authority  of  this  state  may  be  executed  on  tlie  said  lands  and 
in  any  building  now  or  hereafter  erected  thereon,  in  the  same 
way  and  with  the  same  effect  as  if  this  statute  had  not  been 
enacted;  and  that  exclusive  jurisdiction  shall  revert  to  and 
revest  in  this  state  whenever  the  lands  shall  cease  to  be  the 
property  of  the  United  States. 

2.    Takes    Effect.      This   act    shall   take   effect    upon    its 
passage. 
[Approved  June  23,  1955.] 


CHAPTER  224. 

AN  ACT  RELATIVE  TO  TAXES  IN  UNINCORPORATED  PLACES.     ' 

Be  it  enacted  by  the  Senate  and  House  of  Represe7itatives  in 
General  Court  convened: 

1.  New  Chapter.  Amend  chapter  81  of  the  Revised  Laws 
(chapter  81,  RSA)  by  striking  out  the  same  and  inserting  in 
place  thereof  the  following: 

Chapter  81 
Taxes  in  Unincorporated  Places 

1.  Appraisal.  The  tax  commission  shall  biennially 
appraise  all  real  estate  in  each  unincorporated  or  unorganized 
place.  It  shall  on  or  before  January  first  of  each  biennium 
certify  such  appraisals  to  the  county  treasurer  of  the  county 
where  such  real  estate  is  situated. 

2.  Annual  Assessment.  The  tax  commission  shall 
annually  assess  the  real  estate  in  each  unincorporated  or  un- 


1955]  Chapter  224  335 

organized  place  to  the  owner  or  claimant  thereof  for  the  taxes 
apportioned  to  such  place  for  the  time  being,  and  shall  certify 
the  same  to  the  director  of  interest  and  dividends  of  the  tax 
commission  on  or  before  January  first  of  each  year, 

3.  Collection.  The  director  of  interest  and  dividends 
shall  proceed  to  collect  the  taxes  as  certified  to  him  and  shall 
have  full  power  and  authority  to  use  any  of  the  powers  and 
remedies  available  to  collectors  of  taxes  under  the  provisions 
of  chapter  80  of  the  Revised  Laws. 

4.  Sale  of  Real  Estate.  Whenever  real  estate  is  sold  to 
collect  taxes  as  provided  in  chapter  80  advertisements  thereof 
shall  be  posted  in  the  nearest  town  in  the  same  county  in  which 
the  superior  court  is  holden  and  be  published  once  a  week  for 
two  successive  weeks  in  a  newspaper  having  a  general  circu- 
lation in  the  county  where  the  real  estate  is  situate,  the  last 
publication  to  be  at  least  seven  days  before  the  date  of  said 
sale.  Said  sale  shall  be  held  at  the  office  of  the  director  of  in- 
terest and  dividends  of  the  tax  commission  at  Concord  and  the 
provisions  of  chapter  80  relative  to  advertising,  conducting  and 
reporting  tax  sales  shall  apply  except  as  modified  herein. 

5.  Abatement  of  Taxes.  The  tax  commission,  for  good 
cause  shown,  may  abate  any  tax  assessed  by  them  or  by  their 
predecessors.  All  applications  for  abatement  shall  be  in  writ- 
ing. If  they  neglect  or  refuse  so  to  abate,  any  person  aggrieved, 
having  complied  with  the  requirements  of  chapter  75,  may, 
within  six  months  after  notice  of  such  tax,  and  not  after- 
wards, apply  by  petition  to  the  superior  court  in  the  county, 
which  shall  make  such  order  thereon  as  justice  requires. 

2.  School  Money.  Amend  section  15  of  chapter  140  of  the 
Revised  Laws  (section  16,  chapter  198,  RSA)  by  striking  out 
the  same  and  inserting  in  place  thereof  the  following:  15.  Un- 
organized Places.  The  tax  commission  shall  annually  assess  a 
tax  of  five  dollars  on  each  thousand  dollars  of  the  value  of  the 
ratable  estates  as  last  determined  by  said  commission  for  the 
purpose  of  making  the  last  apportionment  of  pubhc  taxes  tax- 
able in  the  unincorporated  or  unorganized  places  in  the  state 
and  in  the  towns  where  by  act  of  the  legislature  the  school  dis- 
tricts have  been  abolished  and  the  education  of  the  children 
made  the  responsibility  of  the  state  to  be  used  for  the  educa- 
tion of  such  children.  The  unexpended  proceeds  of  this  tax  shall 


336  Chapter  225  [1955 

not  lapse  or  be  used  for  any  purpose  other  than  as  set  forth 
above,  but  shall  constitute  a  continuing  fund  available  for  said 
education  of  such  children  from  year  to  year. 

3.     Takes   Effect.      This   act    shall   take    effect   upon    its 
passage. 
[Approved  June  23,  1955.] 


CHAPTER  225. 


AN  ACT  RELATIVE   TO   EVIDENCE  OF   VALUE  FOR   DETERMINATION 
OF  TAXATION  OF  RAILROADS  AND  PUBLIC  UTILITIES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Railroad  Taxation.  Amend  section  6  of  chapter  83  of 
the  Revised  Laws  (section  7,  chapter  82,  RSA)  by  striking  out 
the  same  and  inserting  in  place  thereof  the  following:  6. 
Evidence  of  Value.  In  addition  to  such  other  evidence  as  it 
may  deem  material  and  relevant  in  determining  the  value  of 
any  such  corporation  or  company,  the  tax  commission  shall  con- 
sider the  value  of  the  physical  property,  real  and  personal,  in 
this  state,  of  such  company  or  corporation  as  well  as  the  fair 
average  market  value  of  the  stocks  and  bonds  for  one  year 
prior  to  April  first  preceding  the  assessment  and  the  fair 
market  value  of  any  other  funded  or  floating  debt  of  such  corpo- 
ration or  company  representing  permanent  improvements  or 
extensions.  When  the  market  value  of  the  stocks  and  bonds  of 
any  such  corporation  or  company  cannot  be  ascertained  for 
want  of  actual  sales,  or  for  any  other  reason,  the  net  receipts 
of  any  such  corporation  or  company,  which  shall  be  the  differ- 
ence between  the  gross  earnings,  whether  by  lease  or  by  opera- 
tion, and  the  operating  expenses  and  taxes  of  the  preceding 
year,  capitalized  at  such  per  cent  as  appears  to  be  equitable 
under  the  circumstances,  shall  be  considered  as  evidence  of 
the  value  of  the  property  and  estate  of  such  corporation  or 
company. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  23,  1955.] 


1955]  Chapter  226  337 

CHAPTER  226. 

AN  ACT  RELATIVE  TO  REVENUE  OF  THE  DEPARTMENT  OF  HEALTH; 

PROVIDING  FOR  ADDITIONAL  APPROPRIATIONS  FOR  CERTAIN 

DEPARTMENTS  FOR  THE  FISCAL  YEAR  ENDING 

JUNE  30,  1955. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Division  on  Alcoholism.  Notwithstanding  any  pro- 
visions to  the  contrary,  two  thousand  three  hundred  dollars  of 
the  revenue  received  by  the  division  on  alcoholism  of  the  de- 
partment of  health  during  the  fiscal  year  ending  June  30,  1955, 
in  excess  of  four  thousand  five  hundred  dollars  may  be  used  by 
said  division  pursuant  to  subsection  3,  section  13,  chapter  254, 
Laws  of  1947,  as  amended  by  section  10,  part  19,  chapter  5  of 
the  Laws  of  1950. 

2.  Supplemental  Appropriations.  The  sum  of  twenty-six 
thousand  three  hundred  nineteen  dollars  and  fifty-eight  cents 
is  hereby  appropriated  to  supplement  the  appropriations  made 
by  chapter  249  of  the  Lav,^s  of  1953,  as  follows : 

For  administration  and  control 

Division  of  buildings  and  grounds  $4,319.58 

For  board  of  registration  in 

medicine  $500.00 

Less  revenue  and  balances        500.00 


Net  appropriations  0.00 

For  state  treasury  12,000.00 

Legislature  10,000.00 


$26,319.58 

The  appropriation  for  the  state  treasury  shall  be  for  the  re- 
imbursement of  bounties  for  porcupine  paid  by  selectmen  or 
city  clerks  for  animals  killed  prior  to  July  15,  1955,  provided 
that  no  reimbursement  shall  be  made  hereunder  unless  the 
accounts  from  said  selectmen  or  city  clerks  shall  be  submitted 
to  the  state  treasurer  prior  to  November  1,  1955. 

The  sums  appropriated  for  board  of  registration  in  medicine 
shall  be  a  charge  against  revenue  for  the  board,  and  the  balance 


338  Chapter  227  [1955 

of  the  sums  hereinbefore  appropriated  shall  be  a  charge  upon 
the  general  funds  of  the  state. 

3.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  29,  1955.] 


CHAPTER  227. 


AN    ACT   RELATIVE   TO  EDUCATION  OF  CHILDREN  PLACED   IN 
HOMES  FOR  CHILDREN. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  School  Districts.  Amend  chapter  137  of  the  Revised 
Laws  by  inserting  after  section  17  (section  18,  chapter  193, 
RSA)  the  following  new  subdivision : 

Education  of  Children  Placed  in  Homes  for  Children 
17-a.  Definition.  The  term  "home  for  children"  as  used 
in  this  subdivision  shall  mean  any  orphanage,  institution  for 
the  care,  treatment  or  custody  of  children,  or  child-caring 
agency  as  defined  by  section  2  of  chapter  130  of  the  Revised 
Laws,  as  amended  by  section  6  of  chapter  261  of  the  Laws  of 
1953. 

17-b.  Right  of  Attendance;  Tuition.  Whenever  any 
child  is  placed  and  cared  for  in  any  home  for  children,  such 
child,  if  of  school  age,  shall  be  entitled  to  attend  the  public 
schools  in  the  school  district  in  which  said  home  is  located, 
unless  such  placement  was  solely  for  the  purpose  of  enabling  a 
child  residing  outside  said  district  to  attend  the  schools  there- 
of. If  any  such  child  was  domiciled  in  another  school  district  of 
this  state  at  the  time  of  its  placement  in  any  home  for  children, 
the  school  district  in  which  said  child  then  had  its  domicile 
shall  be  liable  for  the  tuition  of  said  child,  in  the  same  manner 
and  amount  as  specified  in  Revised  Laws,  chapter  137,  section 
3-a,  and  chapter  138,  section  26.  In  case  such  placement  in  any 
home  for  children  results  from  a  transfer  or  successive  trans- 
fers of  any  child  from  one  or  more  other  homes  for  children, 
the  district  in  which  said  child  had  its  domicile  at  the  time 


1955]  Chapter  227  339 

when  it  was  placed  in  the  first  of  said  other  homes  for  chil- 
dren shall  be  liable  for  said  tuition.  If  such  child  was  not 
domiciled  in  this  state  when  so  placed,  the  home  for  children, 
together  with  the  parents  or  the  guardian  of  such  child,  shall 
be  jointly  and  severally  liable  for  said  tuition,  to  be  recovered 
in  an  action  of  case,  provided,  however,  that  if  the  placement 
in  a  home  for  children  of  a  child  not  then  domiciled  in  this 
state  was  made  by  any  state,  county  or  town  officials  of  New 
Hampshire  charged  with  public  welfare  functions  or  by  any 
child-placing  agency  licensed  in  this  state,  then  the  parents 
or  guardian  of  such  child  shall  be  solely  liable  for  said  tuition. 
The  commissioner  of  public  welfare  and  the  New  Hampshire 
Children's  Aid  Society  shall  be  exempt  from  the  liability  im- 
posed upon  guardians  hereunder. 

17-c.  Procedure.  Upon  the  enrollment  of  any  such  child 
in  the  public  schools  of  any  district,  the  trustees,  officers  or 
proprietors  of  the  home  for  children  in  which  said  child  has 
been  placed,  or  their  authorized  agents,  shall  submit  to  said 
district  a  sworn  statement  setting  forth  the  facts  relative  to 
the  domicile  of  the  child  when  placed  in  said  home,  or  if  the 
child  has  been  transferred  or  successively  transferred  from  one 
or  more  other  homes  for  children,  the  facts  relative  to  the 
domicile  of  the  child  when  placed  in  the  first  of  said  other  homes 
for  children.  Within  sixty  days  after  receipt  of  such  state- 
ment, said  district  shall  give  written  notice  to  any  district  of 
the  state  considered  chargeable  with  the  tuition  of  said  child, 
setting  forth  the  name,  age  and  date  of  enrollment  of  said 
child,  the  name  and  location  of  the  home  in  which  the  child 
has  been  placed  and  the  date  of  placement,  the  name  and 
location  of  the  home  or  homes  for  children  from  which  the 
child  has  been  transferred,  and  the  date  of  placement  in  each 
of  said  homes,  and  charging  liability  for  the  tuition  of  said 
child.  More  than  one  district  may  be  so  notified,  if  there  is 
reasonable  doubt  as  to  which  district  said  child  was  domiciled 
in  when  so  placed  in  such  home,  but  in  such  case  said  notice 
to  each  district  shall  set  forth  the  names  of  the  other  districts 
sought  to  be  charged.  A  copy  of  each  notice  shall  be  given  to 
the  commissioner  of  education  in  like  manner.  Any  district  so 
notified  may,  within  thirty  days  thereafter,  disclaim  liability 
for  said  tuition  by  giving  written  notice  of  such  disclaimer  to 
the  charging  district  and  by  giving  a  copy  thereof  to  the  com- 


340  Chapter  228  [1955 

missioner  of  education  in  the  same  manner  herein  provided  in 
the  case  of  notices  of  liability.  Failure  to  give  notice  of  dis- 
claimer within  the  period  allowed  shall  fix  the  liability  of  the 
district  charged  with  said  tuition,  except  in  cases  where  more 
than  one  district  has  been  so  charged.  Whenever  any  district 
has  given  notice  of  disclaimer  in  the  manner  hereinbefore  pro- 
vided, or  more  than  one  district  has  been  charged  with  liability 
for  the  tuition  of  any  such  child,  the  commissioner  of  edu- 
cation shall  promptly  hear  the  parties  and  his  decision  with  re- 
spect to  liability  for  said  tuition  shall  be  final  and  binding  on 
the  districts  affected.  If  the  commissioner  of  education  finds 
that  the  domicile  of  any  such  child  when  so  placed  in  such 
home  for  children  was  in  this  state,  but  he  cannot  determine 
where,  the  cost  of  educating  such  child  shall  be  assumed  by 
the  district  in  which  such  home  is  located. 

2.  Amendment.  Amend  section  11  of  chapter  137  of  the 
Revised  Laws  (section  12,  chapter  193,  RSA)  by  striking  out 
the  last  sentence  thereof,  so  that  said  section  as  amended  shall 
read  as  follows:  11.  Nonresidents.  No  person  shall  attend 
school,  or  send  a  pupil  to  the  school,  in  any  district  of  which 
he  is  not  an  inhabitant,  without  the  consent  of  the  district  or 
of  the  school  board  except  as  herein  otherwise  provided. 

3.  Takes  Effect.     This  act  shall  take  effect  July  1,  1955. 
[Approved  June  30,  1955.] 


CHAPTER  228. 

AN  ACT  RELATIVE  TO  MILEAGE  FOR  MEMBERS  OF  THE  LEGISLATURE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  General  Court.  Amend  section  15  of  chapter  9,  Revised 
Laws,  as  amended  by  chapter  14,  Laws  of  1943  and  section  1, 
chapter  117,  Laws  of  1949  and  by  section  3,  chapter  251,  Laws 
of  1951  (section  15,  chapter  14,  RSA)  by  striking  out  the  word 
"ten"  in  the  fourth  line  and  inserting  in  place  thereof  the  word, 
fifteen,  so  that  said  section  as  amended  shall  read  as  follows: 
15.  Travel.  A  member  of  the  general  court  shall  be  allowed 
for  mileage  per  mile  of  the  round  trip  to  and  from  his  town 


1955]  Chapter  228  341 

or  city  ward  each  day  of  attendance  at  the  following  rates,  for 
the  first  forty-five  miles  thereof  fifteen  cents  per  mile,  for  the 
next  twenty-five  miles  eight  cents  per  mile,  for  the  next 
twenty-five  miles  six  cents  per  mile,  and  for  all  miles  in  ex- 
cess of  ninety-five  miles  five  cents  per  mile.  In  case  said  round 
trip  is  less  than  one  mile,  the  mileage  allowance  shall  be  com- 
puted on  the  basis  of  one  mile.  Each  member  of  the  house  of 
representatives  shall  present  evidence  of  his  attendance  by 
signing  in  person  the  roll  provided  for  that  purpose  and  by 
complying  with  such  other  regulations  with  respect  thereto  as 
the  house  may  from  time  to  time  adopt.  Any  member  of  the 
general  court  absent  for  any  cause  from  such  attendance  shall 
not  be  allowed  mileage  for  the  day  he  is  so  absent. 

2.  Committee  on  Mileage.  Amend  section  16,  chapter  9, 
Revised  Laws,  as  amended  by  chapter  14,  Laws  of  1943,  sec- 
tion 2,  chapter  117,  Laws  of  1949,  and  section  4,  chapter  251, 
Laws  of  1951  (section  16,  chapter  14,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  16. 
Computation  of  Distance.  The  distance  traveled  shall  be  com- 
puted by  the  nearest  improved  highway  as  set  forth  in  the  so- 
called  standard  mileage  table  and  amendments  thereto.  The 
committee  on  mileage  shall  be  arbiters  to  all  disputes  and 
claims  involving  payment  of  mileage  to  members.  In  January 
of  each  biennial  session  of  the  legislature  the  mileage  commit- 
tee shall  consult  with  the  department  of  public  works  and 
highways  relative  to  distances  as  set  forth  in  said  table  be- 
tween Concord  and  the  various  towns  and  wards  of  the  state. 
After  a  study  of  the  table  has  been  made  said  committee  shall 
recommend  to  the  legislature  any  changes  which  may  be  neces- 
sary therein  in  order  that  said  table  shall  correctly  set  forth 
the  distances  by  the  nearest  improved  highways. 

3.  Takes  Effect.  This  act  shall  take  effect  as  of  January  5, 
1955. 

[Approved  June  30,  1955.] 


342  Chapter  229  [1955 

CHAPTER  229. 

an  act  making  temporary  appropriations  for  the  expenses 

of  the  state  of  new  hampshire  for  the  month  of 

July,  1955. 

Whereas,  the  legislature  has  not  yet  adopted  a  budget  for 
the  coming  biennium ;  and 

Whereas,  action  at  this  time  is  necessary  to  carry  on  the 
functions  of  the  state  government  after  the  close  of  the  fiscal 
year  1955,  and  prior  to  the  passage  of  the  said  budget  acts, 
now  therefore 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Appropriation.  There  is  hereby  appropriated  for  the 
general  expenses  of  the  state  government  during  the  month 
of  July,  1955  the  sum  of  four  million  five  hundred  fifteen  thou- 
sand dollars,  or  so  much  thereof  as  may  be  necessary,  to  be 
expended  in  the  manner  hereinafter  provided,  that  is  to  say 
one  million  seven  hundred  fifty  thousand  dollars  from  general 
funds;  four  hundred  thousand  dollars  from  special  funds; 
ninety  thousand  dollars  from  fish  and  game  funds  and  two 
million  two  hundred  seventy-five  thousand  dollars  from  high- 
way funds.  The  governor  is  authorized  by  and  with  the  advice 
and  consent  of  the  council  to  draw  his  warrants  for  the  sums 
necessary  for  said  temporary  appropriations  out  of  any  money 
in  the  treasury  not  otherwise  appropriated  or,  in  the  case  of 
special  funds,  out  of  any  such  special  funds.  Such  expenditures 
shall  be  a  charge  upon  the  respective  appropriations  to  be  made 
subsequently  by  the  legislature  for  the  fiscal  year  ending 
June  30,  1956. 

2.  Provisions  of  Law.  The  provisions  of  chapter  22  of  the 
Revised  Laws  and  the  provisions  of  any  other  statute  incon- 
sistent herewith  are  hereby  suspended  to  the  extent  of  such 
inconsistencies  during  the  time  this  act  is  in  effect. 

3.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1955,  and  shall  continue  in  effect  until  August  1,  1955  unless 
the  appropriation  acts  for  the  ensuing  biennium  are  sooner  en- 
acted in  which  event  the  appropriations  herein  provided  shall 
thereupon  lapse. 

[Approved  June  30,  1955.] 


1955]  Chapter  230  343 

CHAPTER  230. 

AN  ACT  RELATIVE  TO  MOTOR  VEHICLE  WEIGHTS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Motor  Vehicles.  Amend  section  37,  chapter  119  of  the 
Revised  Laws  as  amended  by  section  1,  chapter  11,  Laws  of 
1947,  section  1,  chapter  104,  Laws  of  1949,  sections  1  and  2, 
chapter  11,  Laws  of  1950  and  section  11,  chapter  20,  Lavv^s  of 
1951  (section  61,  chapter  263,  RSA)  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following :  37.  Weight. 
The  operation  on  highways  of  this  state  of  any  vehicle  or  com- 
bination of  vehicles  equipped  with  pneumatic  tires,  exceeding 
the  limitationsi/ of  this  section  is  hereby  prohibited. 

I.  Vehicles  having  gross  axle  weight  of  more  than 
18,000  pounds  per  axle  on  axles  less  than  10  feet  apart,  except 
3  axle  vehicles  exclusive  of  semi-trailers. 

IL  Vehicles  having  gross  axle  weight  of  more  than 
22,400  pounds  per  axle  on  axles  10  feet  or  more  apart. 

III.  Vehicles  having  a  gross  weight  of  more  than  600 
pounds  per  inch  on  width  of  tire. 

IV.  Two  axle  vehicles  having  a  gross  weight  of  more 
than  33,400  pounds. 

V.  Three  axle  vehicles  with  drive  on  one  rear  axle  and 
having  a  gross  weight  of  more  than  40,000  pounds. 

VI.  Three  axle  vehicles  with  drive  on  two  rear  axles  and 
having  a  gross  weight  of  more  than  47,500  pounds. 

VII.  A  combination  of  vehicle  and  semi-trailer  equipped 
with  three  axles  and  having  gross  weight  more  than  those  set 
forth  in  the  following  table: 

Distance  between  Maximum  gross  weight 
extreme  axles  in  feet  in  pounds 

25  47,400 

26  48,300 

27  '  49,300 

28  50,400 

29  51,500 

30  to  39  inclusive  52,800 

VIII.  A  combination  of  vehicle  and  semi-trailer  equipped 


344  Chapter  230  [1955 

with  four  axles  and  having  gross  weight  more  than  those  set 
forth  in  the  following  table: 

Distance  between  Maximum  gross  weight 

extreme  axles  in  feet  in  pounds 

28  48,300 

29  49,300 

30  50,400 

31  51,500 

32  52,800 

33  54,300 

34  56,000 

35  58,000 

36  60,000 

37  62,000 

38  64,400 

39  66,400 

IX.  A  vehicle  or  combination  of  vehicles  equipped  with 
any  solid  rubber  tires  shall  not  have  weights  more  than  eighty 
per  cent  of  those  permitted  in  this  section  for  pneumatic  tires ; 
provided,  no  vehicle  equipped  with  solid  rubber  tires  shall  be 
operated  upon  a  public  highway,  which  has  at  any  point  less 
than  one  inch  of  rubber  above  the  top  or  beyond  the  flange 
or  rim. 

The  provisions  of  this  act  shall  not  apply  to  vehicles  used 
exclusively  in  the  surfacing  of  highways  of  the  State  of  New 
Hampshire,  or  subdivisions  thereof:  Provided  that  the  com- 
modities of  tar,  asphalt,  or  the  combination  thereof  shall  not 
exceed  2,000  gallons  on  any  two-axle  vehicle,  or  4,000  gallons 
on  any  three-axle  vehicle. 

X.  Motor  vehicles  or  vehicles  drawn  by  motor  vehicles 
when  equipped  with  metal  or  other  hard  tires  shall  not  have 
weights  more  than  forty  per  cent  of  those  permitted  in  this 
section  for  pneumatic  tires. 

XL  A  vehicle  or  combination  of  vehicles  shall  not  be 
operated  or  moved  over  any  bridge  or  other  structure  on  any 
highway  if  the  weight  of  such  vehicle,  or  combination  of 
vehicles  and  load,  is  greater  than  the  capacity  of  the  structure 
as  shown  by  a  sign  on  the  right  side  of  or  overhead  on  the 
structure. 

XII.  It  shall  be  the  duty  of  the  commissioner  of  public 
works  and  highways  to  cause  signs  to  be  erected  at  both  ends 


1955]  Chapter  231  345 

on  the  right  side  of  or  overhead  on  all  bridges  or  other  struc- 
tures under  his  jurisdiction  stating  the  capacity  in  tons  of 
two  thousand  pounds  which  the  bridge  or  other  structure  will 
safely  carry.  For  all  other  bridges  or  other  structures  it  shall 
be  the  duty  of  the  authority  having  jurisdiction  to  place 
similar  signs.  Upon  bridges  or  other  structures  of  sufficient 
strength  to  carry  safely  the  legal  loads  permissible  by  this 
section,  no  such  signs  shall  be  required. 

XIII.  Limitation.  The  commissioner  of  public  works 
and  highways  is  hereby  empowered  to  modify  the  motor 
vehicle  weight  limits  hereinbefore  provided  in  so  far  as  may 
be  necessary  to  provide  that  the  state  shall  receive  maximum 
federal  highway  aid. 
passage. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  30,  1955.] 


CHAPTER  231. 

AN  ACT  TO  PROVIDE  FOR  THE  PUBLICATION  AND  DISTRIBUTION 

OP  THE  Revised  Statutes  Annotated  of  the 
State  of  New  Hampshire. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Preparation  for  Publication.  The  commission  appointed 
under  the  provisions  of  chapter  221,  Laws  of  1953,  to  revise, 
codify,  and  amend  the  Revised  Laws  of  the  state  of  New 
Hampshire,  is  authorized  and  directed  to  prepare  for  publica- 
tion and  to  publish  the  act  passed  at  this  session  entitled, 
House  Bill  No.  75,  "An  Act  to  revise  and  codify,  the  Revised 
Laws  of  the  state  of  New  Hampshire."  The  commission  is 
authorized  to  make  corrections  in  the  numbering  and  the  sub- 
titles of  sections  and  in  the  references  to  sections;  to  correct 
errors  in  typography,  spelling,  and  punctuation;  to  correct 
errors  in  citations  to  sources ;  and  to  add  such  preface,  annota- 
tions, cross  references,  and  notes  as  it  shall  judge  suitable. 
The  commission  shall  file  with  the  secretary  of  state,  to  be 


346  Chapter  231  [1955 

deposited  with  the  engrossed  bill,  a  report  listing  all  correc- 
tions to  H.  B.  75  hereby  authorized.  The  constitution  and  the 
amendments  thereto,  shall  be  inserted  in  the  publication.  The 
commission  shall  cause  to  be  prepared  by  such  means  as  it 
shall  judge  suitable,  and  to  be  inserted  in  the  publication,  a 
complete  index  of  subjects  embraced  therein. 

2.  Publication.  The  whole  act  with  the  changes,  additions 
and  corrections  authorized  by  section  1  shall  be  published  in 
one  or  more  volumes  as  the  commission  shall  determine.  The 
volume  shall  be  bound  in  a  manner  suitable  for  the  insertion  of 
cumulative  pocket  parts  to  contain  subsequent  session  laws  and 
annotations.  The  complete  publication  shall  be  entitled  and 
cited  as  "Revised  Statutes  Annotated,"  or  "RSA",  and  citation 
to  a  chapter  and  section  shall  be  in  the  following  form,  e.g. 
RSA  1:1. 

3.  Distribution  of  Revised  Statutes  Annotated.  The  secre- 
tary of  state  is  hereby  authorized  to  distribute  official  bound 
copies  of  the  Revised  Statutes  Annotated  free  of  charge  in 
the  following  manner:  One  copy  to  each  of  the  following 
officers  and  bodies :  The  governor,  the  president  of  the  senate, 
the  speaker  of  the  house,  the  members  of  the  New  Hampshire 
Revision  Commission,  each  justice  and  clerk  of  the  supreme 
and  superior  courts,  each  court  of  probate,  the  clerk  of  the 
supreme  court  of  the  United  States,  each  judge  of  the  circuit 
court  of  the  United  States  for  this  district,  the  district  court 
of  the  United  States  for  this  district,  the  United  States  depart- 
ment of  justice,  the  Library  of  Congress,  the  New  Hampshire 
Historical  Society,  the  state  reporter,  a  sufficient  number  of 
copies  to  the  state  library  for  its  use  and  for  distribution  to 
each  state  or  territorial  library  of  the  United  States  on  an 
exchange  basis,  any  state  or  territory  making  a  charge  to  this 
state  for  copies  of  its  laws  shall  in  a  like  manner  be  required 
to  pay  to  the  secretary  of  state  the  regular  price  for  copies 
of  the  Revised  Statutes  Annotated,  the  secretary  of  state,  the 
state  treasurer,  the  comptroller  and  seven  copies  to  the  office 
of  the  attorney  general. 

4.  Distribution  of  Remaining  Volumes.  Remaining  copies 
of  the  Revised  Statutes  Annotated,  furnished  to  the  secretary 
of  state  by  the  publisher,  may  be  sold  by  the  secretary  of 


1955]  Chapter  232  347 

state  at  such  price  or  prices  as  the  governor  and  council  may 
determine. 

5.  Laws  of  1955.  The  separate  volume  of  the  session  laws 
for  the  1955  session  published  pursuant  to  RSA  20 :2  shall  not 
include  H.  B.  75  "An  Act  to  revise  and  codify,  the  Revised 
Laws  of  the  State  of  New  Hampshire,"  the  publication  of 
which  is  herein  authorized  to  be  published  as  the  Revised 
Statutes  Annotated. 

6.  Takes  Effect.  This  act  shall  take  effect  upon  its 
approval. 

[Approved  June  30,  1955.] 


CHAPTER  232. 

AN  ACT  TO  RATIFY  THE  NEW  ENGLAND  HIGHER  EDUCATION 

COMPACT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  New  England  Higher  Education  Compact.  The  gov- 
ernor on  behalf  of  the  State  of  New  Hampshire  is  hereby 
authorized  to  execute  a  compact,  in  substantially  the  following 
form,  with  any  one  or  more  of  the  states  of  Connecticut,  Maine, 
Massachusetts,  Rhode  Island  and  Providence  Plantations  and 
Vermont,  and  the  legislature  hereby  signifies  in  advance  its 
approval  and  ratification  of  such  compact: 

New  England  Higher  Education  Compact 
Article  L 

The  purpose  of  the  New  England  higher  education  compact 
shall  be  to  provide  greater  educational  opportunities  and 
services  through  the  establishment  and  maintenance  of  a 
coordinated  educational  program  for  the  persons  residing  in 
the  several  states  of  New  England  parties  to  this  compact  with 
the  aim  of  furthering  higher  education  in  the  fields  of  medicine, 
dentistry,  veterinary  medicine,  public  health  and  in  professional 
technical,  scientific,  literary  and  other  fields. 

Article  II. 

There  is  hereby  created  and  established  a  New  England 


348  Chapter  232  [1955 

Board  of  Higher  Education  hereinafter  known  as  the  board 
which  shall  be  an  agency  of  each  state  party  to  the  compact. 
The  board  shall  be  a  body  corporate  and  politic,  having  the 
powers,  duties  and  jurisdiction  herein  enumerated  and  such 
other  and  additional  powers  as  shall  be  conferred  upon  it  by 
the  concurrent  act  or  acts  of  the  compacting  states.  The  board 
shall  consist  of  three  resident  members  from  each  compacting 
state,  chosen  in  the  manner  and  for  the  terms  provided  by 
law  of  the  several  states  parties  to  this  compact. 

Article  III. 

This  compact  shall  become  operative  immediately  as  to  those 
states  executing  it  whenever  any  two  or  more  of  the  states  of 
Maine,  Vermont,  New  Hampshire,  Massachusetts,  Rhode  Island 
and  Connecticut  have  executed  it  in  the  form  which  is  in  ac- 
cordance with  the  laws  of  the  respective  compacting  states. 

Article  IV. 

The  board  shall  annually  elect  from  its  members  a  chairman 
and  vice-chairman  and  shall  appoint  and  at  its  pleasure  remove 
or  discharge  said  officers.  It  may  appoint  and  employ  an  execu- 
tive secretary  and  may  employ  such  stenographic,  clerical, 
technical  or  legal  personnel  as  shall  be  necessary,  and  at  its 
pleasure  remove  or  discharge  such  personnel.  It  shall  adopt 
a  seal  and  suitable  by-laws  and  shall  promulgate  any  and  all 
rules  and  regulations  which  may  be  necessary  for  the  conduct 
of  its  business.  It  may  maintain  an  office  or  offices  within  the 
territory  of  the  compacting  states  and  may  meet  at  any  time 
or  place.  Meetings  shall  be  held  at  least  twice  each  year.  A 
majority  of  the  members  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  no  action  of  the  board  imposing 
any  obligation  on  any  compacting  state  shall  be  binding  unless 
a  majority  of  the  members  from  such  compacting  state  shall 
have  voted  in  favor  thereof.  Where  meetings  are  planned  to 
discuss  matters  relevant  to  problems  of  education  affecting 
only  certain  of  the  compacting  states,  the  board  may  vote  to 
authorize  special  meetings  of  the  board  members  of  such 
states.  The  board  shall  keep  accurate  accounts  of  all  receipts 
and  disbursements  and  shall  make  an  annual  report  to  the 
governor  and  the  legislature  of  each  compacting  state  setting 
forth  in  detail  the  operations  and  transactions  conducted  by 
it  pursuant  to  this  compact,  and  shall  make  recommendations 


1955]  Chapter  232  349 

for  any  legislative  action  deemed  by  it  advisable,  including 
amendments  to  the  statutes  of  the  compacting  states  which 
may  be  necessary  to  carry  out  the  intent  and  purpose  of  this 
compact.  The  board  shall  not  pledge  the  credit  of  any  com- 
pacting state  without  the  consent  of  the  legislature  thereof 
given  pursuant  to  the  constitutional  processes  of  said  state. 
The  board  may  meet  any  of  its  obligations  in  whole  or  in  part 
with  funds  available  to  it  under  article  VII  of  this  compact, 
provided  that  the  board  takes  specific  action  setting  aside  such 
funds  prior  to  the  incurring  of  any  obligation  to  be  met  in 
whole  or  in  part  in  this  manner.  Except  where  the  board  makes 
use  of  funds  available  to  it  under  article  VII  hereof,  the  board 
shall  not  incur  any  obligations  for  salaries,  office,  administra- 
tive, traveling  or  other  expenses  prior  to  the  allotment  of  funds 
by  the  compacting  states  adequate  to  meet  the  same.  Each 
compacting  state  reserves  the  right  to  provide  hereafter  by 
law  for  the  examination  and  audit  of  the  accounts  of  the  board. 
The  board  shall  appoint  a  treasurer  who  may  be  a  member  of 
the  board,  and  disbursements  by  the  board  shall  be  valid  only 
when  authorized  by  the  board  and  when  vouchers  therefor 
have  been  signed  by  the  executive  secretary  and  countersigned 
by  the  treasurer.  The  executive  secretary  shall  be  custodian 
of  the  records  of  the  board  with  authority  to  attest  to  and 
certify  such  records  or  copies  thereof. 

Article  V. 

The  board  shall  have  the  power  to:  (1)  Collect,  correlate, 
and  evaluate  data  in  the  fields  of  its  interest  under  this  com- 
pact ;  to  publish  reports,  bulletins,  and  other  documents  making 
available  the  results  of  its  research;  and,  in  its  discretion  to 
charge  fees  for  said  reports,  bulletins,  and  documents;  (2) 
Enter  into  such  contractual  agreements  or  arrangements  with 
any  of  the  compacting  states  or  agencies  thereof  and  with 
educational  institutions  and  agencies  as  may  be  required  in 
the  judgment  of  the  board  to  provide  adequate  services  and 
facilities  in  educational  fields  covered  by  this  compact;  pro- 
vided that  it  shall  be  the  policy  of  the  board  in  negotiation 
of  its  agreements  to  serve  increased  numbers  of  students  from 
the  compacting  states  through  arrangements  with  then  exist- 
ing institutions,  whenever  in  the  judgment  of  the  board 
adequate  service  can  be  so  secured  in  the  New  England  region. 
Each  of  the  compacting  states  shall  contribute  funds  to  carry 


350  Chapter  232  [1955 

out  the  contracts  of  the  board  on  the  basis  of  the  number  of 
students  from  such  state  for  whom  the  board  may  contract. 
Contributions  shall  be  at  the  rate  determined  by  the  board  in 
each  educational  field.  Except  in  those  instances  where  the 
board  by  specific  action  allocates  funds  available  to  it  under 
article  VII  hereof,  it  shall  be  the  policy  of  the  board  to  enter 
into  such  contracts  only  upon  appropriation  of  funds  by  the 
compacting  states.  Any  contract  entered  into  shall  be  in  ac- 
cordance with  rules  and  regulations  promulgated  by  the  board 
and  in  accordance  with  the  laws  of  the  compacting  states. 

Article  VI. 

Each  state  agrees  that,  when  authorized  by  the  legislature 
pursuant  to  its  constitutional  processes,  it  will  from  time  to 
time  make  available  to  the  board  such  funds  as  may  be 
required  for  the  expenses  of  the  board  as  authorized  under 
the  terms  of  this  compact.  The  contribution  of  each  state  for 
this  purpose  shall  be  in  the  proportion  that  its  population 
bears  to  the  total  combined  population  of  the  states  who  are 
parties  hereto  as  shown  from  time  to  time  by  the  most  recent 
official  published  report  of  the  bureau  of  the  census  of  the 
United  States  of  America ;  unless  the  board  shall  adopt  another 
basis  in  making  its  recommendation  for  appropriation  to  the 
compacting  states. 

Article  VII. 

The  board  for  the  purposes  of  this  compact  is  hereby  em- 
powered to  receive  grants,  devises,  gifts  and  bequests  which 
the  board  may  agree  to  accept  and  administer.  The  board  shall 
administer  property  held  in  accordance  with  special  trusts, 
grants  and  bequests  and  shall  also  administer  grants  and 
devises  of  land  and  gifts  or  bequests  of  personal  property  made 
to  the  board  for  special  uses  and  shall  execute  said  trusts, 
investing  the  proceeds  thereof  in  notes  or  bonds  secured  by 
sufficient  mortgages  or  other  securities. 

Article  VIII. 

The  provisions  of  this  compact  shall  be  severable  and  if  any 
phrase,  clause,  sentence  or  provision  of  this  compact  is  declared 
to  be  contrary  to  the  constitution  of  any  compacting  state  or 
of  the  United  States  the  validity  of  the  remainder  of  this 
compact  and  the  applicability  thereof  to  any  government, 
agency,  person,  or  circumstance  shall  not  be  affected  thereby; 


1955]  Chapter  232  351 

provided,  that  if  this  compact  is  held  to  be  contrary  to  the 
constitution  of  any  compacting  state  the  compact  shall  remain 
in  full  force  and  effect  as  to  all  other  compacting  states. 

Article  IX. 

This  compact  shall  continue  in  force  and  remain  binding 
upon  a  compacting  state  until  the  legislature  or  the  governor 
of  such  state,  as  the  laws  of  such  state  shall  provide,  takes 
action  to  withdraw  therefrom.  Such  action  shall  not  be  effective 
until  two  years  after  notice  thereof  has  been  sent  by  the  gov- 
ernor of  the  state  desiring  to  withdraw  to  the  governors  of 
all  other  states  then  parties  to  the  compact.  Such  withdrawal 
shall  not  relieve  the  withdrawing  state  from  its  obligations 
accruing  hereunder  prior  to  the  effective  date  of  withdrawal. 
Any  state  so  withdrawing,  unless  reinstated,  shall  cease  to 
have  any  claim  to  or  ownership  of  any  of  the  property  held 
by  or  vested  in  the  board  or  to  any  of  the  funds  of  the  board 
held  under  the  terms  of  the  compact.  Thereafter,  the  with- 
drawing state  may  be  reinstated  by  application  after  appro- 
priate legislation  is  enacted  by  such  state,  upon  approval  by  a 
majority  vote  of  the  board. 

Article  X. 

If  any  compacting  state  shall  at  any  time  default  in  the 
performance  of  any  of  its  obligations  assumed  or  imposed  in 
accordance  with  the  provisions  of  this  compact,  all  rights  and 
privileges  and  benefits  conferred  by  this  compact  or  agree- 
ments hereunder  shall  be  suspended  from  the  effective  date  of 
such  default  as  fixed  by  the  board.  Unless  such  default  shall 
be  remedied  within  a  period  of  two  years  following  the  effective 
date  of  such  default,  this  compact  may  be  terminated  with 
respect  to  such  defaulting  state  by  affirmative  vote  of  three- 
fourths  of  the  other  member  states.  Any  such  defaulting  state 
may  be  reinstated  by:  (a)  performing  all  acts  and  obligations 
upon  which  it  has  heretofore  defaulted,  and  (b)  application  to 
and  approval  by  a  majority  vote  of  the  board. 

2.  Effective  Date.  When  the  governor  shall  have  executed 
said  compact  on  behalf  of  this  state  and  shall  have  caused  a 
verified  copy  to  be  filed  with  the  secretary  of  state,  and  when 
said  compact  shall  have  been  ratified  by  one  or  more  of  the 
states  named  in  section  1  of  this  act,  then  said  compact  shall 
become  operative  and  effective  as  between  this  state  and  such 


352  Chapter  232  [1955 

other  state  or  states.  The  governor  is  hereby  authorized  and 
directed  to  take  such  action  as  may  be  necessary  to  complete 
the  exchange  of  official  documents  as  between  this  state  and 
any  other  state  ratifying  said  compact,  and  to  take  such  steps 
as  may  be  necessary  to  secure  the  consent  of  the  congress  of 
the  United  States  to  said  compact. 

3.  Membership  of  Board.  Immediately  upon  the  passage 
of  this  act  the  governor  shall  appoint  the  three  resident  mem- 
bers from  New  Hampshire  who  shall  be  members  of  the  New 
England  Board  of  Higher  Education  as  provided  in  article  H 
of  the  compact.  One  of  such  resident  members  shall  always  be 
the  president  of  the  University  of  New  Hampshire,  the  second 
shall  be  a  member  of  the  legislature  of  New  Hampshire,  and 
the  third  shall  be  a  citizen  of  the  state  designated  by  the 
governor  as  his  responsible  representative.  The  first  appoint- 
ment of  the  member  who  is  a  state  legislator  shall  be  for  a 
term  of  two  years,  thereafter  his  term  shall  be  for  four  years, 
provided  that  if  during  said  term  said  member  shall  cease  to 
be  a  member  of  the  legislature  his  term  as  a  member  of  the 
New  England  Board  of  Higher  Education  shall  terminate  and 
the  governor  shall  fill  said  vacancy  in  the  same  manner  as 
above  provided  for  appointment  of  the  legislator  member.  The 
term  of  office  of  the  third  New  Hampshire  member  of  the 
board  shall  be  for  four  years  and  until  his  successor  is 
appointed  and  qualified.  Each  member  of  the  board  shall  receive 
his  expenses  actually  and  necessarily  incurred  by  him  in  the 
performance  of  his  duties  hereunder.  In  addition  thereto  each 
member,  except  the  president  of  the  University  of  New  Hamp- 
shire, shall  receive  fifteen  dollars  per  day  compensation  for 
time  actually  spent  in  the  work  as  such  member,  provided 
that  the  total  for  expenses  and  per  diem  compensation  for  each 
member  shall  not  exceed  the  sum  of  five  hundred  dollars  dur- 
ing any  one  fiscal  year.  All  expenses  and  per  diem  compensation 
shall  be  audited  by  the  comptroller  as  expenses  of  other 
employees  are  audited,  and  shall  be  a  charge  against  the  special 
appropriation  provided  by  this  act. 

4.  Appropriation.  The  sum  of  seven  thousand  dollars  is 
hereby  appropriated  and  made  available  for  expenditure  for 
the  purposes  of  this  act,  provided  that  said  funds  hereby 
appropriated  shall  not  lapse  until  June  30,   1957.  The  sum 


1955]  Chapter  233  353 

hereby  made  available  for  the  purposes  of  this  act  shall  be  a 
charge  against  the  general  funds  of  the  state  and  the  governor 
is  authorized  to  draw  his  warrant  for  said  sum,  or  so  much 
thereof  as  may  be  required  for  the  purposes  hereof,  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

5.  Repeal.  Amend  section  3  of  chapter  197  of  the  Laws 
of  1953  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  3.  Limitation.  No  individual  shall 
be  eligible  to  receive  the  benefits  provided  for  by  this  act  for 
a  period  of  more  than  four  years. 

6.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  30,  1955.] 


CHAPTER  233. 


AN  ACT  PROVIDING  FOR  THE  CLASSIFICATION  OF  BAKER  RIVER 
AND  ITS  WATERSHED. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Classification.  On  and  after  the  effective  date  of  this 
act  the  following  surface  waters  shall  be  classified  in  accordance 
with  the  provisions  of  chapter  166-A  of  the  Revised  Laws  as 
inserted  by  chapter  183,  Laws  of  1947  and  amended  by  chap- 
ter 1,  Laws  of  1950  (chapter  149,  RSA)  as  follows: 

I.  Baker  River  and  all  its  tributaries,  in  the  towns  of 
Rumney,  Groton,  Campton  and  Plymouth,  from  the  point  of 
confluence  of  the  main  stream  with  Stinson  Brook  down  to  a 
point  on  the  main  stream  300  feet  upstream  from  the  bridge 
abutment  of  the  Plymouth  to  Woodsville  branch  of  the  Boston 
and  Maine  railroad,  Class  B-1. 

XL  All  other  surface  waters  of  the  Baker  River  water- 
shed hitherto  unclassified  and  which  have  not  been  included 
in  paragraph  I,  except  that  portion  of  the  main  stream  from 
a  point  300  feet  upstream  from  the  bridge  abutment  of  the 
Plymouth  to  Woodsville  branch  of  the  Boston  and  Maine  rail- 
road to  confluence  with  the  Pemigewasset  River,  Class  B-1. 


354  Chapters  234,  235  [1955 

2.     Takes  Effect.     This  act  shall  take  effect  July  1,  1955. 
[Approved  June  30,  1955.] 


CHAPTER  234. 

AN  ACT  RELATIVE  TO  THE  TAKING  OF  WILD  BEAR. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Report  of  Bear  liilled.  Amend  chapter  180  of  the  Re- 
vised Laws  (chapter  470,  RSA)  by  inserting  after  section  1 
thereof  the  following  new  section:     1-a.     Report  Necessary. 

Within  forty-eight  hours  after  any  person  has  killed  a  wild 
bear  in  this  state,  he  shall  make  a  report  to  the  director  of 
the  fish  and  game  department,  or  to  a  conservation  officer, 
of  this  state,  indicating  the  town  in  which  the  bear  was  taken, 
the  weight,  sex,  and  length  of  the  hind  foot.  Any  person  who 
fails  to  make  the  report  required  by  this  section  shall  be  fined 
ten  dollars. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  30,  1955.] 


CHAPTER  235. 

AN  ACT  RELATIVE  TO  USE  OF  TELEPHONE  PARTY  LINES  FOR 
FIRE  ALARMS  OR  OTHER  EMERGENCY  CALLS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Telephone  Lines.  Amend  chapter  442  of  the  Revised 
Laws  by  inserting  after  section  29  (section  38,  chapter  572, 
RSA)  the  following  new  section:  29-a.  Emergency  Use  of 
Party  Line.  Whoever  shall  wilfully  refuse  to  yield  the  use  of 
a  telephone  party  line  for  giving  of  a  fire  alarm  or  emergency 
call  for  police,  medical  aid  or  ambulance  service,  or  shall  wil- 
fully represent  falsely  that  the  use  of  a  telephone  party  line 


1955]  Chapter  236  355 

is  needed  to  give  a  fire  alarm  or  emergency  call  shall  be  fined 
not  more  than  fifty  dollars. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  30,  1955.] 


CHAPTER  236. 

AN  ACT  EXTENDING  CERTAIN  AERONAUTICAL  APPROPRIATIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Aeronautical  Appropriations.  Notwithstanding  other 
provision  of  law  the  unexpended  balance  of  the  amount  appro- 
priated by  section  33  of  chapter  306  of  the  Revised  Laws,  as 
inserted  by  section  10,  chapter  281,  Laws  of  1947  and  chapter 
19,  Laws  of  1953,  shall  be  deemed  to  be  appropriated  for  the 
purposes  specified  in  said  section  and  be  available  for  such 
expenditures  until  June  30,  1957. 

2.  Change  in  Amount.  Amend  section  33  of  chapter  306 
of  the  Revised  Laws  as  inserted  by  section  10  of  chapter  281 
of  the  Laws  of  1947  and  section  2  of  chapter  162  of  the  Laws 
of  1951  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following :  33.  Bonds  or  Notes  Authorized.  The 
sum  of  two  hundred  thousand  dollars  is  hereby  appropriated 
to  be  used  as  needed  for  the  purpose  of  equal  matching  of  town 
funds  for  the  construction  of  airports,  excluding  the  cost  of 
land  and  buildings,  under  the  Federal  Aid  Airport  Program  or 
for  equal  matching  of  town  funds  for  the  construction  of 
airports,  excluding  the  cost  of  land  and  buildings,  by  state 
contributions  not  in  excess  of  five  thousand  dollars.  Ten 
thousand  dollars  of  said  sum  may  be  used  as  needed  for  the 
purchase  and  installation  of  air  navigation  aids  without  being 
required  to  be  matched  by  town  or  federal  funds.  To  provide 
funds  for  said  appropriation  the  state  treasurer  is  hereby 
authorized  under  the  direction  of  the  governor  and  council  to 
borrow  upon  the  credit  of  the  state  not  exceeding  two  hundred 
thousand  dollars  and  for  that  purpose  may  issue  bonds  or 
notes  in  the  name  and  on  behalf  of  the  state  of  New  Hampshire. 


356  Chapter  237  [1955 

The  treasurer  shall  recommend  for  the  approval  of  the  gov- 
ernor and  council  the  form  of  such  bonds,  their  rate  of  interest, 
the  dates  of  maturity,  the  places  where  interest  and  principal 
shall  be  paid  and  the  time  or  times  of  issue.  Such  bonds  or  notes 
shall  be  signed  by  the  treasurer  and  countersigned  by  the  gov- 
ernor and  shall  be  deemed  a  pledge  of  faith  and  credit  of  the 
state.  The  proceeds  of  the  sale  of  such  bonds  or  notes  shall  be 
held  by  the  treasurer  and  paid  out  by  him  upon  warrants 
drawn  by  the  governor  for  the  purposes  of  this  act  only,  and 
the  governor,  with  the  advice  and  consent  of  the  council  shall 
draw  warrants  for  the  payment  from  the  funds  provided  for 
herein  of  all  sums  expended  or  due  for  the  purposes  herein 
authorized.  Such  bonds  shall  be  negotiated  by  the  treasurer 
by  direction  of  the  governor  and  council  as  they  deem  to  be 
most  advantageous  to  this  state. 

3.  Accounts.  The  provisions  of  section  33-a  of  chapter  306 
of  the  Revised  Laws,  as  inserted  by  Laws  of  1947,  chapter  281, 
section  10,  shall  apply  to  all  bonds  or  notes  authorized  under 
this  act. 

4.  Short-Term  Notes.  The  provisions  of  section  33-b  of 
chapter  306  of  the  Revised  Laws,  as  inserted  by  Laws  of  1947, 
chapter  281,  section  10,  shall  apply  to  this  act, 

5.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  30,  1955.] 


CHAPTER  237. 

AN  ACT  EMPOWERING  THE  PUBLIC  UTILITIES  COMMISSION  TO 
BARGAIN  WITH  THE  NEW  YORK  POWER  AUTHORITY. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Public  Utilities  Commission.  The  public  utilities  com- 
mission is  hereby  designated  as  the  agency  of  the  state  to 
bargain  with  the  Power  Authority  of  the  State  of  New  York 
for  the  procurement  of  power  capacity  and  power  output  from 
said   power   authority,   with   the   right   to   contract   for   the 


1955]  Chapter  238  357 

purchase  of  such  power,  and  resale  of  such  power  on  a  non- 
profit basis  to  the  electric  distribution  companies,  cooperative, 
municipal  and  privately-owned  without  preference  or  discrimi- 
nation for  distribution  within  the  state.  The  public  utilities 
commission  with  the  consent  of  the  governor  and  council  is 
authorized  and  empowered  to  enter  into  contracts  for  the 
transmission  of  such  power  from  the  place  of  purchase  to  a 
point,  or  points,  within  the  state  of  New  Hampshire. 

2.     Takes   Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  30,  1955.] 


CHAPTER  238. 

AN  ACT  RELATIVE  TO  PORCUPINES. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Damage  to  Crops  by  Porcupines.  Amend  section  2, 
chapter  180  of  the  Revised  Laws  as  inserted  by  chapter  203 
of  the  Laws  of  1945  and  as  amended  by  section  1,  chapter  283, 
Laws  of  1949  and  chapter  149,  Laws  of  1953  (section  2,  chap- 
ter 470,  RSA)  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  2.  Porcupines.  If  a  person 
suffers  substantial  damage  to  annual  crops,  fruit  trees,  or  farm 
lands  by  porcupines,  and  will  notify  the  director  of  fish  and 
game  in  writing,  the  director  or  his  agent  after  investigating 
said  damage  shall  take  the  necessary  steps  to  eliminate  or 
control  such  porcupines. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  30,  1955.] 


358  Chapter  239  [1955 

CHAPTER  239. 

AN  ACT  RELATIVE  TO  THE  ESTABLISHMENT  OF  SOIL 
CONSERVATION  DISTRICTS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Soil  Conservation  Districts.  Amend  chapter  151  of  the 
Laws  of  1945  as  amended  by  chapter  62  of  the  Laws  of  1949 
(chapter  430,  RSA)  by  striking  out  said  chapter  and  inserting 
in  place  thereof  the  following: 

Chapter  151 
Soil  Conservation  Districts 

1.  Declaration  of  Policy;  Definitions. 

L  It  is  hereby  declared  to  be  the  policy  of  the  state  to 
provide  for  the  establishment  of  soil  conservation  districts 
under  the  supervision  of  a  state  soil  conservation  committee, 
said  districts  to  be  composed  of  landowners  and  land  occupiers 
within  the  districts,  who  may  join  together  in  the  interest  of 
conserving  the  soil  and  soil  resources  and  preventing  soil 
erosion,  floodwater  and  sediment  damages.  It  is  the  intent  of 
this  chapter  to  facilitate  the  joint  effort  of  landowners  and 
land  occupiers  in  carrying  out  corrective  conservation  practices 
on  their  lands,  voluntarily  and  with  such  assistance  as  may  be 
available  for  this  purpose  from  local,  state  or  federal  govern- 
mental agencies. 

II.  As  used  in  this  chapter  the  following  words  shall  have 
the  following  meanings: 

a.  "District"  or  "soil  conservation  district"  means  the 
territory  included  within  the  boundaries  of  a  county,  organized 
in  accordance  with  the  provisions  of  this  chapter. 

b.  "Land  occupier  or  occupier  of  land"  includes  any 
person  who  shall  hold  title  to,  or  shall  be  in  lawful  possession 
of,  three  or  more  acres  of  land  lying  within  a  district  organized 
under  the  provisions  of  this  chapter. 

c.  "District  supervisor"  or  "supervisor"  shall  mean  a 
member  of  the  governing  body  of  a  district  appointed  in  ac- 
cordance with  the  provisions  of  this  chapter. 

2.  State  Soil  Conservation  Committee.     There  is  hereby 
established,  to  serve  as  an  agency  of  the  state,  the  state  soil 


1955]  Chapter  239  359 

conservation  committee,  which  shall  consist  of  the  following 
five  members:  the  director  of  the  state  agricultural  extension 
service,  the  director  of  the  state  agricultural  experiment 
station,  the  state  agricultural  commissioner  and  two  farmers 
who  shall  be  appointed  by  the  governor  with  the  advice  and 
consent  of  the  council  to  serve  one  and  two  years  respectively 
and  until  their  successors  are  appointed.  The  members  of  said 
committee  shall  serve  without  compensation,  but  the  farmer 
members  of  said  committee  shall  be  entitled  to  expenses,  in- 
cluding traveling  expenses,  necessarily  incurred  in  the  dis- 
charge of  their  duties.  It  may  adopt  rules  and  regulations 
necessary  for  the  execution  of  its  functions  hereunder  and 
shall  keep  a  record  of  its  official  actions.  It  may  employ  such 
employees  as  it  requires  and  fix  their  compensation  subject  to 
the  rules  and  regulations  of  the  division  of  personnel. 

3.  Duties.     The  state  soil  conservation  committee  shall: 

I.  Offer  assistance  to  the  supervisors  of  districts  in 
formulating  and  carrying  out  any  of  their  programs. 

II.  Keep  the  supervisors  of  each  district  informed  of 
the  activities  of  all  other  districts,  and  to  facilitate  an  inter- 
change of  advice,  experience  and  cooperation  between  such 
districts. 

III.  Coordinate  the  programs  of  the  several  districts  so 
far  as  this  may  be  done  by  advice  and  consultation. 

IV.  Seek  the  cooperation  and  assistance  of  the  United 
States,  of  this  state  and  of  town  and  county  governments,  in 
the  work  of  such  districts. 

V.  Keep  the  public  informed  throughout  the  state,  con- 
cerning the  activities  and  programs  of  the  soil  conservation 
districts. 

VI.  It  shall  be  the  duty  and  responsibility  of  the  state 
committee  to  establish  satisfactory  cooperative  arrangements 
and  to  avoid  duplication  between  the  districts  and  other  federal, 
state  or  county  agencies  which  have  similar  responsibilities. 

4.  Creation  of  Soil  Conservation  Districts.  There  are  here- 
by established,  as  governmental  subdivisions  of  this  state  and 
public  bodies  corporate  and  politic,  ten  soil  conservation  dis- 
tricts as  follows:  (1)  each  of  the  ten  counties  within  the  state 
is  hereby  incorporated  into  a  soil  conservation  district;   (2) 


360  Chapter  239  [1955 

each  of  the  ten  districts  shall  be  known  by  the  name  of  the 
county  to  which  its  boundaries  conform.  Immediately  upon  the 
passage  of  this  chapter  the  ten  soil  conservation  districts  shall 
become  duly  established  districts.  Upon  the  appointment  of 
the  district  supervisors  as  hereinafter  provided  the  districts 
shall  become  duly  organized  and  thereafter  the  districts  and 
the  supervisors  thereof  shall  have  all  the  powers  and  duties 
conferred  upon  them  by  this  chapter,  provided,  however,  that 
no  such  district  shall  exercise  any  of  the  powers  conferred  on 
districts  or  the  supervisors  thereof  under  this  chapter  until 
after  the  state  soil  conservation  committee  shall  adopt  a 
resolution  determining  that  there  is  need,  in  the  interest  of 
public  health,  safety  and  welfare,  for  such  district  to  function 
and  that  a  substantial  proportion  of  the  land  occupiers  of  such 
districts  are  in  favor  of  its  operation.  In  making  such  deter- 
minations the  committee  may  accept  petitions  and  conduct 
such  public  meetings  and  referenda  as  they  deem  necessary, 
and  shall  give  due  consideration  to  the  distribution  and  in- 
tensity of  erosion,  floodwaters  and  sediment  damages  and  need 
for  land  drainage  on  lands  within  the  said  district,  and  to 
other  relevant  factors.  From  and  after  the  date  of  adoption 
by  the  committee  of  a  resolution  in  favor  of  the  operation  of 
a  particular  district,  such  district  shall  be  deemed  to  be  duly 
organized,  and  the  supervisors  of  such  district  shall  thereupon 
be  entitled  to  exercise  the  powers  conferred  on  them  by  this 
act.  A  certified  copy  of  such  resolution  shall  be  evidence  of  the 
due  organization  of  such  districts. 

5.  Appointment  of  District  Supervisors.  The  governing 
body  of  the  district  shall  consist  of  five  supervisors  appointed 
by  the  state  soil  conservation  committee,  who  shall  be  land 
occupiers  in  the  district. 

6.  Organization;  Term  of  Office.  The  supervisors  of  each 
district  shall  designate  a  chairman  and  may  from  time  to  time 
change  their  chairman.  The  term  of  office  of  each  supervisor 
shall  be  three  years,  excepting  that  for  those  first  appointed 
there  shall  be  one  for  one  year,  two  for  two  years,  and  two  for 
three  years.  A  supervisor  may  succeed  himself  in  office  and  he 
shall  hold  office  until  his  successor  has  been  appointed  and  has 
qualified.  Vacancies  shall  be  filled  for  an  unexpired  term  and 
removal  from  the  district  shall  constitute  a  vacancy.  Succes- 


1955]  Chapter  239  361 

sors  to  fill  an  unexpired  term,  or  a  full  term,  shall  be  appointed 
by  the  state  soil  conservation  committee.  A  majority  of  the 
supervisors  shall  constitute  a  quorum  and  the  concurrence  of 
a  majority  in  any  matter  within  their  duties  shall  be  required 
for  its  determination.  A  supervisor  shall  receive  no  com- 
pensation for  his  services,  but  he  shall  be  entitled  to  expenses, 
including  traveling  expenses,  necessarily  incurred  in  the  dis- 
charge of  his  duties. 

7.  Employees;  Duties.  The  supervisors  may  employ  such 
employees  as  they  may  require  and  shall  determine  their 
qualifications,  duties,  and  compensation.  The  supervisors  may 
delegate  to  their  chairman,  to  one  or  inore  supervisors,  or  to 
one  or  more  agents  or  employees,  such  powers  and  duties  as 
they  may  deem  proper.  The  supervisors  shall  provide  for  the 
execution  of  surety  bonds  for  all  employees  and  officers  who 
shall  be  entrusted  with  funds  or  property;  shall  provide  for 
the  keeping  of  a  full  and  accurate  record  of  all  proceedings; 
and  shall  provide  for  an  annual  audit  of  the  accounts  of  receipts 
and  disbursements.  The  supervisors  shall  furnish  to  the  state 
soil  conservation  committee,  upon  request,  copies  of  their 
proceedings  and  other  documents  as  they  shall  adopt  or  employ, 
and  such  other  information  concerning  their  activities  as  it 
may  require  in  the  performance  of  its  duties  under  this  chapter. 

8.  Powers  of  Districts  and  Supervisors.  A  soil  conserva- 
tion district  organized  under  the  provisions  of  this  chapter, 
and  the  supervisors  thereof,  shall  have  the  following  powers, 
in  addition  to  others  granted  in  other  sections  of  this  chapter  : 

I.  To  conduct  surveys,  investigations,  and  research  re- 
lating to  the  character  of  soil  erosion  and  floodwater  and 
sediment  damages  and  land  drainage  and  the  preventive  and 
control  measures  needed,  to  publish  the  results  of  such  surveys, 
investigations,  or  research,  and  to  disseminate  information 
concerning  such  preventive  and  control  measures;  provided, 
however,  that  in  order  to  avoid  duplication  of  research  activi- 
ties, no  district  shall  initiate  any  research  program  except  in 
cooperation  with  the  government  of  this  state  or  any  of  its 
agencies,  or  with  the  United  States  or  any  of  its  agencies; 

II.  To  conduct  demonstrational  projects  within  the  dis- 
trict on  lands  owned  or  controlled  by  this  state  or  any  of  its 
agencies,  with   the  cooperation  and  consent  of  the  agency 


362  Chapter  239  [1955 

administering  and  having  jurisdiction  thereof,  and  on  any 
other  lands  within  the  district  upon  obtaining  the  consent  of 
the  occupier  of  such  lands  or  the  necessary  rights  or  interests 
in  such  lands,  in  order  to  demonstrate  by  example  the  means, 
methods,  and  measures  by  which  soil  and  soil  resources  may 
be  conserved,  and  soil  erosion  in  the  form  of  soil  blowing  and 
soil  washing  may  be  prevented  and  controlled,  and  land  may 
be  drained  and  floodwater  and  sediment  damages  may  be 
prevented ; 

III.  To  carry  out  preventive  and  control  measures  within 
the  district  including,  but  not  limited  to,  engineering  opera- 
tions, methods  of  cultivation,  the  growing  of  vegetation,  the 
drainage  of  land  and  changes  in  use  of  land,  and  measures  for 
the  prevention  of  floodwater  and  sediment  damages,  on  lands 
owned  or  controlled  by  this  state  or  any  of  its  agencies,  with 
the  cooperation  and  consent  of  the  agency  administering  and 
having  jurisdiction  thereof,  and  on  any  other  lands  within  the 
district  upon  obtaining  the  consent  of  the  occupier  of  such 
lands  or  the  necessary  rights  or  interests  in  such  lands; 

IV.  To  cooperate,  or  enter  into  agreements  with  and  to 
furnish  financial  or  other  aid  to,  any  agency,  governmental  or 
otherwise,  or  any  occupier  of  lands  within  the  district,  in  the 
carrying  on  of  erosion-control  and  flood-prevention  and  drain- 
age operations  within  the  district,  subject  to  such  conditions 
as  the  supervisors  may  deem  necessary  to  advance  the  purposes 
of  this  chapter; 

V.  To  obtain  options  upon  and  to  acquire,  by  purchase, 
exchange,  lease,  gift,  grant,  bequest,  devise,  or  otherwise,  any 
property,  real  or  personal,  or  rights  or  interests  therein;  to 
maintain,  administer,  and  improve  any  properties  acquired, 
to  receive  income  from  such  properties  and  to  expend  such 
income  in  carrying  out  the  purposes  and  provisions  of  this 
chapter;  and  to  sell,  lease,  or  otherwise  dispose  of  any  of  its 
property  or  interests  therein  in  furtherance  of  the  purposes 
and  the  provisions  of  this  chapter; 

VI.  To  make  available,  on  such  terms  as  it  shall  pre- 
scribe, to  land  occupiers  within  the  district,  agricultural  and 
engineering  machinery  and  equipment,  fertilizer,  seeds,  and 
seedlings,  and  such  other  material  or  equipment,  as  will  assist 
such  land  occupiers  to  carry  on  operations  upon  their  lands 


1955]  Chapter  239  363 

for  the  conservation  of  soil  resources  and  the  drainage  of  land 
and  for  the  prevention  and  control  of  soil  erosion  and  for  the 
prevention  of  floodwater  and  sediment  damages; 

VII.  To  construct,  improve,  operate  and  maintain  such 
structures  as  may  be  necessary  or  convenient  for  the  per- 
formance of  any  of  the  operations  authorized  in  this  chapter; 

VIIL  To  develop  comprehensive  plans  for  the  conserva-. 
tion  of  soil  resources  and  for  the  control  and  prevention  of 
soil  erosion  and  for  land  drainage  and  for  the  prevention  of 
floodwater  and  sediment  damages  within  the  district,  which 
plans  shall  specify  in  such  detail  as  may  be  possible,  the  acts, 
procedures,  performances,  and  avoidances  which  are  necessary 
or  desirable  for  the  effectuation  of  such  plans,  including  the 
specification  of  engineering  operations,  methods  of  cultivation, 
the  growing  of  vegetation,  cropping  programs,  tillage  practices, 
and  changes  in  use  of  lands;  and  to  publish  such  plans  and 
information  and  bring  them  to  the  attention  of  occupiers  of 
lands  within  the  district; 

IX.  To  take  over,  by  purchase,  lease,  or  otherwise,  and 
to  administer,  any  soil-conservation,  drainage,  flood-prevention, 
erosion-control,  or  erosion-prevention  project,  or  combinations 
thereof,  located  within  its  boundaries  undertaken  by  the 
United  States  or  any  of  its  agencies,  or  by  this  state  or  any 
of  its  agencies;  to  manage,  as  agent  of  the  United  States  or 
any  of  its  agencies,  or  of  this  state  or  any  of  its  agencies,  any 
soil-conservation,  drainage,  flood-prevention,  erosion-control, 
or  erosion-prevention  project,  or  combinations  thereof,  within 
its  boundaries;  to  act  as  agent  for  the  United  States,  or 
any  of  its  agencies,  or  for  this  state  or  any  of  its  agencies, 
in  connection  with  the  acquisition,  construction,  operation, 
or  administration  of  any  soil-conservation,  drainage,  flood- 
prevention,  erosion-control,  or  erosion-prevention  project,  or 
combinations  thereof,  within  its  boundaries;  to  accept  dona- 
tions, gifts,  and  contributions  in  money,  services,  materials, 
or  otherwise,  from  the  United  States  or  any  of  its  agencies, 
or  from  this  state  or  any  of  its  agencies,  and  to  use  or  expend 
such  moneys,  services,  materials,  or  other  contributions  in 
carrying  on  its  operations; 

X.  As  a  condition  to  the  extending  of  any  benefits  under 
this  chapter  to,  or  the  performance  of  work  upon,  any  lands 
not  owned  or  controlled  by  this  state  or  any  of  its  agencies, 


364  Chapter  240  [1955 

the  supervisors  may  require  contributions  in  money,  services, 
materials,  or  otherwise  to  any  operations  conferring  such 
benefits,  and  may  require  land  occupiers  to  enter  into  and 
perform  such  agreements  or  covenants  as  to  the  permanent 
use  of  such  lands  as  will  tend  to  provide  drainage,  prevent  or 
control  erosion  and  prevent  floodwater  and  sediment  damages 
thereon. 

2.  Inconsistency  with  Other  Acts.  Insofar  as  any  of  the 
provisions  of  this  act  are  inconsistent  with  the  provisions  of 
any  other  law,  the  provisions  of  this  act  shall  be  controlling. 

3.  Takes  Effect.  This  act  shall  take  effect  as  of  August  1, 
1955. 

[Approved  June  30,  1955.] 


CHAPTER  240. 

AN  ACT  RELATIVE  TO  FEES  FOR  INSPECTIONS  AND  SEALING  OF 
WEIGHING  AND  MEASURING  DEVICES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Inspections  of  Weighing  and  Measuring  Devices.  Amend 
section  22-a  of  chapter  192,  Revised  Laws,  as  inserted  by 
section  5,  chapter  199,  Laws  of  1951  (section  20,  chapter  359, 
RSA)  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  22-a.  Fees.  Except  as  hereinafter  provided 
there  shall  be  collected  for  inspections  and  sealing  of  weighing 
and  measuring  devices  by  the  state  inspectors  or  city  sealers 
the  following  fees,  to  be  paid  by  the  state  institutions,  munici- 
pal subdivisions,  person  or  persons  for  whom  the  services  are 
rendered : 

L  Each  scale  with  a  weighing  capacity  of  more  than  ten 
thousand  pounds,  with  four  sections,  ten  dollars;  with  one  or 
two  sections,  five  dollars. 

IL  Each  scale  with  a  weighing  capacity  of  more  than  one 
thousand  and  not  more  than  ten  thousand  pounds,  with  one 
section,  three  dollars, 

in.     Each  scale  with  a  weighing  capacity  of  more  than 


1955]  Chapter  240  365 

one  hundred  and  not  more  than  one  thousand  pounds,   one 
dollar. 

IV.  Each  counter-platform  scale  of  not  more  than  one 
hundred  pounds,  seventy-five  cents. 

V.  Each  suspension  scale  as  follows:  over  one  hundred 
pounds,  one  dollar;  one  hundred  pounds  or  less,  fifty  cents; 
overhead  track,  two  dollars. 

VI.  Each  counter  balance,  fifty  cents. 

VII.  Each  computing  scale,  fifty  cents. 

VIII.  Each  personal  scale,  slot,  one  dollar. 

IX.  All  extra  weights  and  other  measures,  ten  cents 
each. 

X.  Each  mechanical  capacity  device  as  follows:  gasoline 
pump,  one  dollar  and  twenty-five  cents;  vehicle  meter,  three 
dollars;  bulk  storage  meter,  five  dollars;  kerosene  pump,  fifty 
cents;  grease  pump,  fifty  cents;  liquid  measure,  ten  cents;  dry 
measure,  ten  cents. 

XL  Each  machine  or  other  mechanical  device  used  for 
determining  linear  or  area  measurement  as  follows :  yard  stick, 
ten  cents;  cloth  and  leather  measure,  fifty  cents;  caliper  or 
board  rule,  one  dollar. 

XII.  Each  taximeter  or  measuring  device  used  upon 
vehicles  to  determine  the  cost  of  transportation,  fifty  cents. 

XIII.  Each  measurement  of  a  vehicle  used  in  transport- 
ing fuel  wood,  one  dollar. 

XIV.  Calibrating  for  capacity  vehicle  tank  used  in  the 
sale  of  commodities  by  liquid  measure  and  having  a  capacity 
of  one  hundred  gallons  or  less,  except  bulk  milk  tanks,  three 
dollars;  for  each  additional  one  hundred  gallons  or  fraction 
thereof  an  additional  twenty-five  cents.  Where  a  vehicle  tank 
is  subdivided  into  two  or  more  compartments,  each  compart- 
ment shall,  for  the  purposes  hereof,  be  considered  a  separate 
tank. 

XV.  Calibrating  for  capacity  bulk  milk  tank  having  a 
capacity  of  two  hundred  gallons  or  less,  six  dollars;  for  each 
additional  one  hundred  gallons  or  fraction  thereof  an  addi- 
tional one  dollar. 

XVI.  For  all  other  weighing  or  measuring  devices  not 


366  Chapter  241  [1955 

included  in  this  section  such  reasonable  fees  as  the  commis- 
sioner of  agriculture  shall  determine. 

2.     Takes  Effect.     This  act  shall  take  effect  August  1,  1955. 
[Approved  June  30,  1955.] 


CHAPTER  241. 

AN  ACT  TO  CHANGE  THE  ALLOCATION  OF  FUNDS  FROM  INSPECTIONS 
IN  THE  DEPARTMENT  OF  AGRICULTURE ;  RELATIVE  TO  LICENSE 
FEES  FOR  MILK  DISTRIBUTORS ;  RELATIVE  TO  FEES  FOR 
LICENSES   FOR   PHARMACIES    AND   PHARMA- 
CISTS, AND  RELATIVE  TO  TRANSFER  OF 
CERTAIN   FUNDS  COLLECTED   UNDER 
THE  ECONOMICS  POISON  LAW. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Official  Grades  for  Farm  Products.  Amend  section  33 
of  chapter  223  of  the  Revised  Laws  (section  6,  chapter  428, 
RSA)  by  striking  out  the  words  "Such  fees  shall  be  applied 
to  the  expenses  incurred  by  reason  hereof"  and  inserting  in 
place  thereof  the  words:  Such  fees  shall  be  credited  to  the 
general  funds  of  the  state,  so  that  said  section  as  amended 
shall  read  as  follows :  3.  Rules  and  Regulations;  Fees.  The 
commissioner  may  prescribe  rules  and  regulations  for  carrying 
out  the  provisions  of  this  subdivision  including  the  fixing  of 
fees  for  inspections  authorized  by  section  32.  Such  fees  shall 
be  credited  to  the  general  funds  of  the  state. 

2.  Milk  Control.  Amend  section  8  of  chapter  196  of  the 
Revised  Laws  (section  9,  chapter  183,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  8. 
Licenses;  Fees.  All  distributors  in  any  market  designated  by 
said  board  shall  be  licensed  by  said  board.  The  annual  fee  for 
such  license  shall  be  two  dollars  for  distributors  selling  more 
than  two  quarts  and  not  more  than  twenty  quarts  daily 
average,  four  dollars  for  distributors  selling  more  than  twenty 
quarts  and  not  more  than  fifty  quarts,  daily,  seven  dollars 
and  fifty  cents  for  distributors  selling  more  than  fifty  quarts 
and  not  more  than  one  hundred  quarts  daily,  eleven  dollars 


1955]  Chapter  241  367 

for  distributors  selling  more  than  one  hundred  quarts  and 
not  more  than  two  hundred  quarts  daily,  and  for  each  addi- 
tional one  hundred  quarts  or  fraction  thereof  daily  sold  by 
a  distributor  there  shall  be  an  additional  license  fee  of  five 
dollars  and  fifty  cents.  In  determining  the  foregoing  fees  sales 
made  by  a  distributor  to  the  public  over  the  counter,  not  for 
consumption  on  the  premises,  shall  not  be  included  in  deter- 
mining the  number  of  quarts  sold  daily.  Such  over-the-counter 
distributor  shall  pay  an  annual  fee  for  such  license  of  two 
dollars.  The  board  may,  upon  proper  evidence,  decline  to  grant 
and  may,  after  due  notice  and  public  hearing,  suspend  or 
revoke  a  license.  Violation  by  a  distributor  of  the  provisions 
hereof  or  any  rule  or  regulation  made  hereunder,  or  conviction 
of  violating  the  health  laws  or  regulations  of  the  state  board 
of  health,  shall  be  sufficient  cause  to  suspend,  revoke  or  with- 
hold such  distributor's  license.  Any  distributor  who  fails  to 
take  out  a  license  hereunder  shall  be  subject  to  the  penalties 
provided  for  in  section  14  hereof. 

3.  Increase  in  Fees.  Amend  section  26  of  chapter  256  of 
the  Revised  Laws,  as  amended  by  section  2,  chapter  280,  Laws 
of  1949  and  section  1,  chapter  155,  Laws  of  1953  (section  25, 
chapter  318,  RSA)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  26.  Re-registration.  Every 
registered  pharmacist  and  holder  of  reciprocity  certificate  who 
desires  to  continue  the  business  of  apothecary  and  druggist 
shall  re-register,  annually  as  of  January  first  and  shall  pay  a 
fee  of  four  dollars.  When  making  application  for  such  re- 
registration  the  applicant  shall  give  his  place  of  residence  and 
employment,  whether  as  proprietor  or  employee,  and  any 
change  of  location  or  employment  shall  be  reported  to  the 
secretary  of  the  board  within  fifteen  days. 

4.  Pharmacies.  Amend  section  39  of  chapter  256  of  the 
Revised  Laws  (section  38,  chapter  318,  RSA)  by  striking  out 
the  word  "five"  and  inserting  in  place  thereof  the  word,  seven, 
so  that  said  section  as  amended  shall  read  as  follows:  39. 
Permit;  Fee.  The  board  shall  upon  application  issue  a  permit 
to  maintain  a  store  for  the  sale  at  retail  of  drugs  and  medicines 
to  such  persons,  firms,  or  corporations  as  they  may  deem  to 
be  qualified  to  conduct  such  a  store,  such  permit  to  be  known 
as  a  retail  drug  store  permit,  for  the  compounding  of  medicines 


368  Chapter  242  [1955 

upon  physicians'  prescriptions  and  for  the  manufacture,  sale, 
and  distribution  of  drugs,  medicines,  and  poisons,  such  place 
of  business  to  be  under  the  direct  supervision  of  a  registered 
pharmacist.  The  fee  for  such  permit  shall  be  seven  dollars. 
The  holder  of  a  retail  drug  store  permit  may  keep  his  store 
open  at  all  hours  for  the  sale  of  drugs  and  medicines.  The 
permit  shall  expire  on  January  first  following  the  date  of  issue. 

5.  Economics  Poisons  Law.  Notwithstanding  the  provi- 
sions of  section  5,  chapter  227,  Revised  Laws  (section  6,  chap- 
ter 438,  RSA)  relative  to  disposition  of  fees  for  administra- 
tion of  said  chapter,  the  sum  of  six  thousand  dollars  now  in 
the  special  fund  provided  for  by  said  section  shall  be  trans- 
ferred to  the  general  funds. 

6.  Takes  Effect.     The  provisions  of  sections  3  and  4  of  this 
act  shall  take  effect  as  of  January  1,  1956.  The  remaining 
sections  of  this  act  shall  take  effect  upon  its  passage. 
[Approved  June  30,  1955.] 


CHAPTER  242. 

AN  ACT  RELATIVE  TO  THE  USE  OF  REGISTERED  AND  CERTIFIED 

MAIL. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Construction  of  Statutes.  Amend  chapter  7  of  the  Re- 
vised Laws  (chapter  21,  RSA)  by  inserting  after  section  32 
the  following  new  section :  32-a.  Registered  Mail.  The  words 
"registered  mail"  when  used  in  connection  with  the  require- 
ment for  notice  by  mail  shall  mean  either  registered  mail  or 
certified  mail. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  30,  1955.] 


1955]  Chapters  243,  244  369 

CHAPTER  243. 

AN  ACT  RELATIVE  TO  THE  SALE  OF  NARCOTICS  TO  MINORS. 

Be  it  enacted  by  the  Setiate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Narcotics.  Amend  chapter  256  of  the  Revised  Laws 
(chapter  318,  RSA)  by  inserting  after  section  50  as  amended 
by  section  4,  chapter  258,  Laws  of  1947,  and  section  7, 
chapter  224,  Laws  of  1951,  the  following  new  section:  50-a. 
Penalty,  Sale  to  Minors.  Any  person  who  shall  violate  the 
provisions  of  section  50  of  this  chapter  by  selling,  exchanging, 
delivering,  exposing  for  sale,  giving  away,  or  having  in  his 
possession  or  custody  with  intent  to  sell,  exchange,  deliver  or 
give  away  any  narcotic  drug  to  a  minor  shall  be  imprisoned  for 
not  less  than  three  years  nor  more  than  ten  years  for  a  first 
conviction;  for  not  less  than  five  years  nor  more  than  fifteen 
years  for  a  second  conviction;  and  not  less  than  fifteen  years 
nor  more  than  thirty  years  for  a  third  conviction. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  5,  1955.] 


CHAPTER  244. 

AN  ACT  RELATING  TO  THE  PLACING  OF  FILL  IN  GREAT  PONDS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Public  Waters.  Amend  chapter  266  of  the  Revised  Laws 
(chapter  482,  RSA)  by  inserting  after  section  28,  as  inserted 
by  chapter  235,  Laws  of  1951,  the  following  new  subdivision: 

Placing  Fill  in  Great  Ponds 
29.  Artificial  Fill.  No  person,  firm  or  corporation  shall 
place  or  cause  to  be  placed  any  fill  below  the  mean  high  water 
level  of  any  public  waters  in  this  state  with  the  intent  or  with 
the  effect  of  creating  or  forming  filled  land  thereby,  except  as 
provided  in  this  subdivision.  The  prohibition  hereof  shall  not 
apply  to  the  state,  the  federal  government,  or  to  municipal 


370  Chapter  244  [1955 

corporations,  or  to  their  agents  acting  within  the  scope  of 
their  official  duties;  nor  to  the  construction  of  piers,  wharves 
or  piers  designated  or  intended  for  the  mooring  of  water  craft 
or  air  craft.  For  the  purposes  hereof,  great  ponds  are  defined 
to  be  all  public  ponds  of  more  than  ten  acres. 

30.  Grant  of  Right.  The  governor  and  council,  upon 
petition  and  upon  the  recommendation  of  the  water  resources 
board,  may,  for  such  consideration  as  they  deem  just,  grant 
to  an  owner  of  shore  line  of  a  great  pond  the  right  to  place 
fill  in  the  bed  of  such  pond  before  his  shore  line.  Every  petition 
to  place  fill  in  a  bed  of  a  great  pond  shall  be  referred  to  the 
water  resources  board,  and  said  board,  after  due  notice  to 
abutters  and  others  as  deemed  necessary,  and  upon  such  in- 
vestigation as  shall  be  considered  appropriate,  shall  make  its 
recommendations  to  the  governor  and  council  with  regard  to 
such  petition.  If  the  board  shall  recommend  that  the  petition 
be  granted,  in  whole  or  in  part,  such  recommendation  shall 
include  appropriate  specifications  and  conditions  necessary  to 
the  protection  of  public  rights,  and  to  the  protection  of  the 
rights  and  privileges  of  persons  owning  land  in  the  vicinity 
of  the  area  to  be  filled  by  the  petitioner.  The  grant  of  the 
governor  and  council  shall  be  evidenced  by  an  instrument  in 
writing,  executed  by  the  governor  and  council  and  attested  by 
the  secretary  of  state  and  recorded  in  the  county  where  the 
right  is  to  be  exercised.  Land  created  by  fill  in  accordance  with 
the  grant  of  the  governor  and  council  shall  belong  to  the  owner 
of  the  natural  shore  line  as  if  it  were  formed  by  natural  accre- 
tion. 

31.  Procedure  for  Removal  of  Fill.  If  any  person  shall 
place  fill  in  the  bed  of  a  great  pond  except  as  provided  in  this 
subdivision,  he  may  be  compelled  to  remove  the  same  by  the 
superior  court  upon  a  petition  brought  by  the  attorney  general 
at  the  request  of  the  water  resources  board. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  5,  1955.] 


1955]  Chapters  245,  246  371 

CHAPTER  245. 

AN  ACT  RELATIVE  TO  PROTECTION  OF  PUBLIC  WATER  SUPPLY. 

Be  it  endcted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Protection  from  Highways.  Amend  chapter  166  of  the 
Revised  Laws  (chapter  148,  RSA)  by  adding  at  the  end  thereof 
the  following  new  section:     36.     Highway  Construction.     No 

public  highway,  access  roads,  or  private  ways  of  any  sort, 
shall  be  constructed  so  as  to  transverse  any  watershed  tribu- 
tory  to  a  lake,  pond  or  reservoir  used  for  the  storage  of  public 
drinking  water  without  first  obtaining  the  approval  of  the 
state  board  of  health. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  5,  1955.] 


CHAPTER  246. 

AN  ACT  RELATING  TO  ASSISTANCE  TO  MUNICIPALITIES  BY  TAX 
COMMISSION  IN  APPRAISING  TAXABLE  PROPERTY. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  State  Tax  Commission.  Amend  chapter  82  of  the  Re- 
vised Laws  (chapter  71,  RSA)  by  adding  after  section  28 
thereof  the  following  new  section :     29.     Assistance  to  Mmiici- 

palities.  The  commission  may  assist  any  municipality  in  th^ 
appraisal  and  valuation  of  the  taxable  property  therein  upon 
written  request  by  the  proper  municipal  officers  or  when  the 
municipality  shall  so  vote,  and  the  reasonable  expense  of  com- 
mission employees  not  to  exceed  the  actual  cost  thereof  shall 
be  paid  to  the  commission  by  such  municipality.  Said  reim- 
bursements shall  be  credited  to  the  appropriation  for  the 
commission. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  5,  1955.] 


372  Chapter  247  [1955 

CHAPTER  247. 

an  act  relative  to  salaries  of  various  county  officials  of 

Belknap,  Cheshire,  Coos,  Grafton,  Merrimack 

AND  Strafford  counties. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  County  Sheriffs.  Amend  section  27,  chapter  380  of  the 
Revised  Laws,  as  amended  by  chapter  195,  Laws  of  1943,  chap- 
ter 189,  Laws  of  1945,  section  2,  chapter  2,  Laws  of  1947, 
section  3,  chapter  202,  Laws  of  1947,  section  1,  chapter  256, 
Laws  of  1947,  chapter  291,  Laws  of  1947,  chapter  235,  Laws 
of  1953  (section  29,  chapter  104,  RSA)  and  as  amended  by 
section  1,  chapter  172,  Laws  of  1955,  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  27. 
Salaries.  The  annual  salaries  of  the  sheriffs  of  the  several 
counties  shall  be  as  follows: 

In  Rockingham,  fifteen  hundred  dollars. 
In  Strafford,  one  thousand  dollars. 
In  Belknap,  fifteen  hundred  dollars. 
In  Carroll,  twelve  hundred  dollars. 
In  Merrimack,  two  thousand  dollars. 
In  Hillsborough,  two  thousand  four  hundred  dollars. 
In  Cheshire,  fifteen  hundred  dollars. 
In  Sullivan,  eight  hundred  dollars. 
In  Grafton,  eighteen  hundred  dollars. 
In  Coos,  two  thousand  dollars. 
The  salary  of  the  sheriff  of  Grafton  county  shall  be  paid 
monthly. 

2.  County  Solicitors.  Amend  section  20  of  chapter  24  of 
the  Revised  Laws,  as  amended  by  chapters  40  and  136,  Laws 
of  1943,  chapters  2,  27,  202,  213,  242,  263,  268  and  270  of  the 
Laws  of  1947,  chapter  183,  Laws  of  1949  and  chapters  108, 
122  and  179  of  the  Laws  of  1953  (section  35,  chapter  7,  RSA) 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  20.  Salaries.  The  annual  salaries  of  the  solici- 
tors in  the  several  counties  shall  be  as  follows: 

In  Rockingham,  twenty-two  hundred  dollars. 
In  Strafford,  two  thousand  dollars. 
In  Belknap,  eighteen  hundred  dollars. 


1955]  Chapter  247  373 

In  Carroll,  twelve  hundred  dollars. 

In  Merrimack,  twenty-five  hundred  dollars. 

In  Hillsborough,  thirty-three  hundred  dollars. 

In  Cheshire,  two  thousand  dollars. 

In  Sullivan,  fifteen  hundred  dollars. 

In  Grafton,  twenty-four  hundred  dollars. 

In  Coos,  twenty-four  hundred  dollars. 

3.  County  Treasurers.  Amend  section  13,  chapter  48  of 
the  Revised  Laws,  as  amended  by  chapter  66,  Laws  of  1945, 
chapter  257,  Laws  of  1947,  chapter  179,  Laws  of  1953  (section 
14,  chapter  29,  RSA)  and  as  amended  by  section  2,  chapter  172, 
Laws  of  1955,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following :  13.  Salaries.  The  annual  salaries  of 
the  treasurers  of  the  several  counties  to  be  in  full  for  their 
services  and  allowances  of  every  kind,  except  as  hereinafter 
provided,  shall  be  as  follows: 

In  Rockingham,  eight  hundred  dollars. 
In  Strafford,  five  hundred  dollars. 
In  Belknap,  five  hundred  dollars. 
In  Carroll,  five  hundred  dollars. 
In  Merrimack,  six  hundred  dollars. 
In  Hillsborough,  twelve  hundred  dollars. 
In  Cheshire,  four  hundred  dollars. 
In  Sullivan,  four  hundred  dollars. 
In  Grafton,  five  hundred  dollars. 
In  Coos,  five  hundred  dollars. 
To  the  foregoing  sums  shall  be  added  a  reasonable  sum  for 
all  necessary  expenses  upon  order  of  the  county  commissioners. 

4.  County  Commissioners.  Amend  section  27  of  chapter  47 
of  the  Revised  Laws,  as  amended  by  chapters  119,  150,  195 
and  202  of  the  Laws  of  1943,  chapters  66  and  163  of  the  Laws 
of  1945,  chapters  202  and  284  of  the  Laws  of  1947,  chapters 
73  and  162  of  the  Laws  of  1949,  chapters  149  and  233  of  the 
Laws  of  1951  and  chapters  90  and  123,  Laws  of  1953  (section 
28,  chapter  28,  RSA)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  27.  Commissioners.  The 
annual  salary  of  each  commissioner  of  the  following  counties 
shall  be  as  follows,  payable  monthly  by  the  county: 


374  Chapter  248  [1955 

In  Rockingham,  eighteen  hundred  dollars. 

In  Strafford,  fifteen  hundred  dollars. 

In  Belknap,  fifteen  hundred  dollars. 

In  Merrimack,  two  thousand  dollars. 

In  Hillsborough,  thirty-five  hundred  dollars. 

In  Cheshire,  fifteen  hundred  dollars. 

In  Sullivan,  twelve  hundred  dollars. 

In  Grafton,  eighteen  hundred  dollars. 

In  Coos,  fifteen  hundred  dollars. 

In  Carroll  county  each  commissioner,  when  employed  in 
business  of  the  county,  shall  receive  ten  dollars  a  day,  payable 
as  hereinbefore  provided. 

To  the  foregoing  sums  shall  be  added,  in  all  counties,  a 
reasonable  sum  for  all  necessary  expenses,  upon  order  of  the 
county  auditors. 

5.  Takes  Effect.  The  foregoing  provisions  of  sections  1 
and  3  which  provide  for  an  increase  in  the  salaries  of  the 
sherifl^  and  treasurer  of  the  county  of  Coos  shall  take  efl^ect 
as  of  January  1,  1956.  The  remaining  provisions  of  this  act 
shall  take  effect  as  of  January  1,  1955. 
[Approved  July  5,  1955.] 


CHAPTER  248. 

AN  ACT  RELATING  TO  DEPOSITS  BY  THE  STATE  TREASURER. 

Be  it  enacted  by  the  Senate  and  Hou»e  of  Representatives  in 
General  Court  convened: 

1.  State  Treasurer.  Amend  section  6  of  chapter  22  of  the 
Revised  Laws  (section  7,  chapter  6,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  6.  De- 
posits. The  treasurer  may  deposit  any  portion  of  public 
monies,  in  his  possession,  in  such  national  banks  within  the 
state  or  the  state  of  Massachusetts  or  any  such  trust  company 
incorporated  under  the  laws  of  or  doing  business  within  the 
state  or  the  state  of  Massachusetts  as  shall  be  approved  at 
least  once  in  six  months  by  the  governor  and  council,  but  the 
amount  of  collected  funds  on  deposit  in  any  one  bank  or  trust 
company  shall  not  at  any  time  exceed  the  sum  of  its  paid-up 


1955]  Chapter  249  375 

capital  and  surplus.  Other  conditions  being  equal,  those  banks 
or  trust  companies  shall  receive  preference  which  allow  interest 
on  balances.  As  used  in  this  section  the  term  "public  monies" 
shall  include  the  general  funds  of  the  state  and  any  funds  of 
which  the  state  treasurer  acts  as  custodian  or  agent, 

2.     Takes    Effect.     This    act    shall    take    effect    upon   its 
passage. 

[Approved  July  5,  1955.] 


CHAPTER  249. 


AN  ACT  RELATIVE  TO  TRANSFER  OF  LIQUOR  LICENSES  AND 
BEVERAGE  PERMITS  TO  CLUBS  IN  CERTAIN  CASES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Liquor  Commission.  Amend  chapter  170  of  the  Revised 
Laws  (chapter  178,  RSA)  by  inserting  after  section  24  the 
following  new  section:  24-a.  Transfer  of  Location,  Any 
club  holding  a  license  hereunder  or  an  on-sale  permit  may 
petition  the  commission  for  permission  to  operate  under  said 
license  or  permit  at  a  location  owned  or  controlled  by  the 
licensee  other  than  that  designated  in  such  license  or  permit. 
The  commission  may  grant  such  permission  upon  the  following 
conditions:  I.  Notice  of  the  number  of  days  during  which 
the  new  premises  are  to  be  used  shall  not  exceed  three  days 
at  any  one  time,  nor  more  than  twice  in  any  one  year,  nor 
more  than  six  single  days,  to  any  organization.  IL  The  peti- 
tion has  attached  thereto  written  statements  from  the  officials 
of  the  town  where  new  premises  located  as  follows:  approval 
of  chief  of  fire  department  as  to  safety  of  said  premises, 
approval  by  health  department  as  to  sanitary  accommodations 
and  approval  by  chief  of  police  department  as  to  accessibility 
of  said  premises.  III.  During  the  time  said  additional  premises 
are  in  use  the  premises  at  the  original  location  shall  be  closed. 
IV.  No  games  of  chance  of  any  sort  shall  be  allowed  at  the 
additional  premises  which  are  so  used  under  permission  from 
the  commission. 


376  Chapters  250,  251  [1955 

2.     Takes    Effect.     This    act    shall    take    effect    upon   its 
passage. 
[Approved  July  5,  1955.] 


CHAPTER  250. 

AN  ACT  RELATIVE  TO  THE  NEV\^  HAMPSHIRE  SHORE  AND  BEACH 
PRESERVATION  AND  KINGSTON  STATE  PARK. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Transfer.  All  of  the  functions,  powers,  duties,  records, 
property  and  personnel  of  the  New  Hampshire  shore  and  beach 
preservation  and  development  commission,  provided  by  chap- 
ter 5  of  the  Revised  Laws,  as  amended  by  section  11  of 
chapter  182  of  the  Revised  Laws  and  chapter  5,  part  12,  section 
9  of  the  Laws  of  1950,  and  as  otherwise  provided  by  law,  are 
hereby  transferred  to  the  public  works  and  highway  depart- 
ment. • 

2.  Kingston  State  Park.  The  recreation  division  of  the 
forestry  and  recreation  department  is  hereby  directed  to  con- 
tinue to  permit  residents  of  the  town  of  Kingston  and  their 
families,  upon  proper  identification,  to  use  the  facilities  of 
Kingston  State  Park  on  days  other  than  Sundays  and  holidays 
without  payment  of  any  fees. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  6,  1955.] 


CHAPTER  251. 

AN  ACT  INCREASING  THE  MEMBERSHIP  OF  THE  FISH  AND  GAME 

COMMISSION,  AND  RELATING  TO  THE  TERM  OF  THE  FISH 

AND  GAME  DIRECTOR. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Fish  and  Game  Commission.     Amend  section  2  of  chap- 


1955]  Chapter  252  377 

ter  240  of  the  Revised  Laws  (section  2,  chapter  206,  RSA)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  2.  Appointment.  The  commission  shall  consist 
of  ten  members,  each  well  informed  on  the  subject  of  wild  life 
conservation  and  restoration,  appointed  by  the  governor  with 
the  advice  of  the  council.  Each  member  of  the  commission  shall 
be  a  resident  of  a  different  county  in  the  state  and  not  more 
than  six  commissioners  shall  be  of  the  same  party.  If  a  vacancy 
shall  occur  in  said  commission,  it  shall  be  filled  in  the  same 
manner  for  the  unexpired  term. 

2.  New  Members.  Amend  section  3  of  chapter  240  of  the 
Revised  Laws  (section  3,  chapter  206,  RSA)  by  striking  out 
the  word  ''one"  in  the  third  line  and  inserting  in  place  thereof 
the  word,  two,  so  that  said  section  as  amended  shall  read  as 
follows:  3.  Terms.  The  members  shall  hold  office  for  a 
term  of  five  years,  and  each  shall  continue  in  office  until  his 
successor  is  appointed  and  qualified.  Two  members  shall  be 
appointed  every  year. 

3.  Present  Incumbents.  Nothing  herein  shall  affect  the 
terms  of  office  of  the  fish  and  game  commissioners  in  office  at 
the  time  this  act  shall  take  effect. 

4.  New  Appointments.  As  of  June  29,  1955,  the  governor 
with  the  advice  of  the  council  shall  appoint  five  new  fish  and 
game  commissioners,  in  addition  to  the  successor  to  the  com- 
missioner whose  term  expires  as  of  June  28,  1955.  The  terms 
of  office  of  the  five  new  appointees  shall  be  one  for  the  term  of 
five  years,  one  for  a  term  of  four  years,  one  for  a  term  of  three 
years,  one  for  a  term  of  two  years  and  one  for  a  term  of  one 
year. 

5.  Takes  Effect.    This  act  shall  take  effect  July  1,  1955. 
[Approved  July  13,  1955.] 


CHAPTER  252. 

AN  ACT  RELATIVE  TO  SALES  OF  ARMORIES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Sale  of  Armory.     Amend  chapter  245  of  the  Laws  of 


378  Chapter  253  [1955 

1947  by  inserting  after  section  6  (section  98,  cliapter  110, 
RSA)  the  following  new  section:  6-a.  Proceeds  of  Sale. 
Whenever  the  governor  and  council,  acting  under  the  authority 
of  section  34  of  chapter  27  of  the  Revised  Laws  shall  sell, 
convey  or  transfer  a  now  existing  state  armory,  the  proceeds 
of  such  sale,  conveyance  or  transfer  shall  be  deposited  to  the 
credit  of  the  appropriation  provided  in  section  1.  Said  proceeds 
are  hereby  appropriated  for  the  purposes  specified  in  said 
section  1,  and  shall  be  in  addition  to  the  appropriation  therein 
made,  to  be  expended  in  the  manner  prescribed  in  this  chapter. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  13,  1955.] 


CHAPTER  253. 


AN  ACT  RELATIVE  TO  THE  SALARY  OF  THE  ASSOCIATE  JUSTICE 
OF  THE  SOMERSWORTH  MUNICIPAL  COURT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Somersworth  Municipal  Court.  Amend  section  4  of 
chapter  377  of  the  Revised  Laws  as  amended  by  chapters  179 
and  260  of  the  Laws  of  1947,  chapters  26,  105,  213  and  239  of 
the  Laws  of  1953  (section  8,  chapter  502,  RSA)  by  inserting 
after  the  words  "of  Laconia  two  hundred  dollars"  the  words, 
of  Somersworth  two  hundred  dollars,  so  that  said  section  as 
amended  shall  read  as  follows:  4.  Compensation  of  Special 
Justices.  The  special  justice  and  justice  of  the  peace  requested 
to  sit  owing  to  the  disqualifications  of  the  justice  and  special 
justice  shall  be  paid,  from  the  treasury  of  the  city  or  town 
wherein  said  court  is  located,  ten  dollars  a  day  for  each  day  or 
part  thereof  that  he  shall  serve  in  said  capacity,  provided  that 
the  annual  salaries  of  the  special  justices  of  the  municipal 
courts  of  the  following  cities  and  town  shall  be  as  follows,  of 
Manchester  two  thousand  dollars,  of  Nashua  seventeen  hundred 
dollars,  of  Dover  two  hundred  dollars,  of  Concord  one  thousand 
dollars,  of  Portsmouth  four  hundred  dollars,  of  Laconia  two 
hundred  dollars,  of  Somersworth  two  hundred  dollars  and  of 


1955]  Chapter  254  379 

Hampton  one  hundred  and  fifty  dollars,  to  be  paid  by  said  cities 
and  town,  respectively,  quarterly,  and  shall  be  in  lieu  of  any 
other  compensation  or  fees  to  such  justices;  provided,  further, 
that  the  special  justice  of  the  municipal  court  of  Berlin  shall 
be  paid  from  the  treasury  of  the  city  six  hundred  dollars  per 
annum. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  13,  1955.] 


CHAPTER  254. 

AN  ACT  CREATING  AN  INDUSTRIAL  DEVELOPMENT  AUTHORITY. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Declaration  of  Need  and  Purpose.  It  is  declared  that 
there  is  a  state-wide  need  for  the  development  of  additional 
industry  and  areas  suitable  for  such  development  for  the  pres- 
ervation and  betterment  of  the  economy  of  the  state  and  its 
inhabitants.  It  is  the  purpose  of  this  act  to  provide  for  the 
establishment  of  such  areas  together  with  adequate  trans- 
portation, water,  sewage  and  other  necessary  facilities  so  as 
to  provide  and  encourage  orderly  industrial  development  in 
the  best  interests  of  the  state.  It  is  further  declared  that  the 
purposes  of  this  act  are  public  and  that  the  industrial  park 
authority,  created  hereunder,  shall  be  regarded  as  performing 
a  governmental  function  in  the  carrying  out  of  the  provisions 
of  this  act. 

2.  Definitions.  As  used  in  this  act  the  following  words  and 
terms  shall  have  the  following  meanings: 

(1)  The  word  "authority"  shall  mean  The  Industrial 
Park  Authority. 

(2)  The  word  ''board"  shall  mean  the  board  of  directors 
of  said  authority. 

(3)  The  word  "project"  shall  be  deemed  to  include  all 
property,  rights,  easements  and  franchises  relating  thereto  and 
deemed  necessary  or  convenient  for  its  operation,  and  shall  em- 


380  Chapter  254  [1955 

brace  all  means  of  accomplishing  the  purposes  set  forth  in 
section  1. 

(4)  The  words  "cost  of  project"  shall  embrace  the  cost 
of  construction,  the  cost  of  all  lands,  property,  rights,  ease- 
ments, and  franchises  acquired,  which  are  deemed  necessary 
for  such  construction,  the  cost  of  all  machinery  and  equipment^ 
financing  charges,  interest  prior  to  and  during  construction, 
cost  of  engineering  and  legal  expense,  plans,  specifications, 
surveys,  estimates  of  costs,  and  other  expenses  necessary  or 
incident  to  determining  the  feasibility  or  practicability  of  any 
project  together  with  such  other  expenses  as  may  be  necessary 
or  incident  to  the  financing  herein  authorized  and  the  construc- 
tion of  the  project  and  the  placing  of  the  same  in  operation. 

3.  Authority  Created.  There  is  hereby  created  The  In- 
dustrial Park  Authority  which  shall  be  a  body  corporate  and 
politic  as  an  agency  of  the  state  having  the  powers  and  juris- 
diction hereinafter  enumerated  and  such  other  and  additional 
powers  as  shall  be  conferred  upon  it  by  the  legislature, 

4.  Management.  The  management  of  said  corporation  shall 
be  vested  in  a  board  of  nine  directors,  who  shall  serve  without 
compensation,  one  of  whom  shall  be  the  chairman  of  the  plan- 
ning and  development  commission,  ex  officio.  The  governor, 
with  the  advice  and  consent  of  the  council,  shall  appoint  the 
other  eight  members,  one  of  whom  shall  be  designated  as 
chairman.  Each  appointed  member  shall  hold  office  for  three 
years,  and  until  his  successor  shall  have  been  appointed.  Of 
the  members  first  appointed,  two  shall  be  appointed  for  a  term 
of  one  year,  three  for  a  term  of  two  years,  and  three  for  a 
term  of  three  years. 

5.  Vacancy,  Removal  or  Suspension.  If  a  vacancy  shall 
occur  by  death,  resignation  or  otherwise  of  those  appointed  as 
directors  of  the  authority,  the  governor,  with  the  advice  and 
consent  of  the  council,  shall  fill  the  same  for  the  unexpired 
term.  The  governor  and  council  may  at  any  time  remove  a 
director  for  inefficiency,  neglect  of  duty,  or  malfeasance  in 
office ;  but  no  director  shall  be  removed  without  a  hearing,  after 
notice  in  writing  of  the  charges  against  him. 

6.  Incorporation;  Powers.     The  industrial  park  authority 


1955]  Chapter  254  381 

shall  be  a  corporation  in  the  state  of  New  Hampshire  and  shall 
have  powers  to 

(1)  sue  and  be  sued; 

(2)  to  have  a  seal  and  alter  the  same  at  pleasure; 

(3)  to  adopt  from  time  to  time  and  amend  by-laws  cover- 
ing its  procedure,  rules  and  regulations  governing  use  of  the 
industrial  park  or  parks  and  any  other  services  made  available 
in  connection  with  said  park  or  parks,  to  publish  the  same,  if 
such  publication  is  necessary  or  advisable  and  to  cause  records 
of  its  proceedings  to  be  kept; 

(4)  to  develop,  construct  facilities,  maintain  and  operate 
an  industrial  park  or  parks; 

(5)  to  acquire,  hold  and  dispose  of  personal  property  for 
its  purposes; 

(6)  to  acquire  in  the  name  of  the  authority  by  gift,  pur- 
chase, lease  or  otherwise,  real  property  and  rights  or  easements 
therein,  deemed  by  it  necessary  or  desirable  for  its  purposes; 

(7)  to  acquire  in  the  name  of  the  authority  security  by 
way  of  mortgage  deed  or  otherwise  any  property  title  to  which 
may  be  in  any  corporation  or  body  other  than  the  authority 
and  upon  which  facilities  may  be  developed  or  constructed  as 
provided  herein; 

(8)  to  sell  or  lease  plots  of  land  and  to  charge  and  collect 
fees  for  services  made  available  within  the  industrial  park  or 
parks,  subject  to  and  in  accordance  with  such  agreement  with 
bondholders  as  may  be  made  as  hereinafter  provided; 

(9)  to  make  contracts  with  the  state  of  New  Hampshire 
or  any  agency  thereof,  towns  or  cities,  public  corporations  or 
bodies,  private  corporations  or  individuals; 

(10)  to  accept  grants  and  the  cooperation  of  the  United 
States  or  any  agency  thereof  in  the  development,  maintenance, 
operation  and  financing  of  industrial  park  or  parks  and  to  do 
any  and  all  things  necessary  in  order  to  avail  itself  of  such  aid 
and  cooperation; 

(11)  to  employ  such  assistants,  agents  and  consultants 
as  it  shall  deem  necessary  or  desirable  for  its  purposes; 

(12)  to  borrow  money,  make  and  issue  negotiable  notes, 
bonds  and  other  evidences  of  indebtedness  or  obligations  of 
the  authority  and  to  secure  the  payment  of  such  obligations 


382  Chapter  254  [1955 

or  any  part  thereof  by  pledge  or  any  part  of  the  revenue  of 
the  industrial  park  or  parks; 

(13)  to  develop  as  an  industrial  park  real  property  owned 
by  any  local  development  corporation  or  foundation  which  has 
as  its  primary  purpose  the  encouragement  and  development  of 
industry; 

(14)  to  do  all  other  lawful  things  necessary  and  inci- 
dental to  the  foregoing  powers. 

All  property  of  the  authority  shall  be  exempt  from  levy 
and  sale  by  virtue  of  any  execution  and  no  execution  or  other 
judicial  process  shall  be  a  lien  upon  its  property  held  pursuant 
to  the  provisions  hereof. 

7.  Aid  to  Local  Development  Corporation.  The  authority 
may  expend  money  upon  such  terms  and  conditions  as  pre- 
scribed by  the  authority  to  develop  as  an  industrial  park  or 
area  real  property  owned  by  any  local  development  corporation, 
association  or  foundation,  regardless  of  the  particular  name 
or  manner  of  organization,  provided  it  shall  have  as  its  primary 
function  the  promotion,  encouragement  and  development  of 
industrial  growth.  There  is  included  in  the  authority  granted 
by  this  section  the  right  to  construct  upon  such  property  a 
suitable  industrial  building  as  determined  by  the  authority; 
provided,  however,  that  it  shall  not  construct  on  any  property 
the  legal  title  to  which  is  not  held  by  the  authority  more  than 
one  building  or  structure.  Prior  to  the  expenditure  of  any 
moneys  for  the  development  of  such  property  or  the  construc- 
tion of  any  building  the  authority  shall  receive  from  the  local 
organization  security  for  the  repayment  of  such  moneys  as 
may  be  expended.  The  security  shall  be  in  such  form  and 
amount  as  determined  by  the  authority  and  shall  include  in 
each  instance  the  property  upon  which  such  development  will 
be  made. 

8.  Project  Reports;  Hearing  and  Order.  Said  industrial 
park  authority  before  commencing  any  project,  shall  submit 
to  the  governor  and  council  a  report,  including  a  detailed 
description  and  plan  of  the  project,  and  a  detailed  estimate 
of  the  total  cost  thereof.  The  governor  and  council,  upon  re- 
ceiving such  report,  shall  determine  whether  the  proposed 
project  will  be  of  public  use  and  benefit  and  within  the  au- 
thority conferred  upon  said  corporation.  They  shall  cause  a 


1955]  Chapter  254  383 

hearing  to  be  held  thereon  and,  if  it  shall  appear  that  the 
project  would  be  of  public  use  and  benefit  and  within  the 
powers  conferred  upon  said  authority,  they  may,  by  written 
order,  direct  said  authority  to  proceed  with  such  project.  The 
governor  and  council  shall  order  notice  of  the  hearing  upon 
any  such  report  to  be  given  in  such  manner  as  they  shall 
deem  fit. 

9.  Bonds  Authorized.  The  authority  is  hereby  authorized 
to  provide  by  resolution  from  time  to  time  for  the  issuance  of 
bonds  for  the  purpose  of  paying  the  costs  of  developing  an 
industrial  park  or  parks  and  its  facilities.  The  bonds  of  the 
authority  shall  not  be  a  debt  of  the  state  or  of  any  agency  or 
political  subdivision  thereof,  except  as  provided  in  section  14, 
but  shall  be  payable  solely  from  the  revenue  of  the  industrial 
park  or  parks.  Any  provision  of  any  law  to  the  contrary  not- 
withstanding any  bonds  issued  pursuant  to  this  act  shall  be 
fully  negotiable.  In  case  any  of  the  members  of  the  authority 
whose  signatures  appear  on  the  bonds  or  coupons  shall  cease 
to  be  such  members  before  the  delivery  of  such  bonds,  such 
signatures  shall  nevertheless  be  valid  and  sufficient  for  all 
purposes  the  same  as  if  such  members  had  remained  in  office 
until  such  delivery.  The  authority  may  in  the  resolution  au- 
thorizing prospective  issues  provide  as  to  such  bonds: 

(1)  the  manner  of  executing  the  bonds  and  coupons ; 

(2)  the  form  and  denomination  thereof; 

(3)  maturity  dates  thereof; 

(4)  the  interest  rates  thereon; 

(5)  for  redemption  prior  to  maturity  and  the  premium 
payable  therefor; 

(6)  the  place  or  places  for  the  payment  of  interest  and 
principal ; 

(7)  for  registration  if  the  authority  deems  such  to  be 
desirable ; 

(8)  for  the  pledge  of  all  or  any  of  the  revenue  for  secur- 
ing payment; 

(9)  for  the  replacement  of  lost,  destroyed  or  mutilated 
bonds ; 

(10)  the  setting  aside  of  reserve  and  sinking  funds  and 
the  regulation  and  disposition  thereof; 


384  Chapter  254  [1955 

(11)  for  limitation  on  the  issuance  of  additional  bonds; 

(12)  for  the  procedure,  if  any,  by  which  the  contract 
with  the  bondholder  may  be  abrogated  or  amended; 

(13)  for  the  manner  of  sale  and  purchase  thereof; 

(14)  for  covenants  against  pledging  of  any  of  the  reve- 
nue of  the  project; 

(15)  for  covenants  fixing  and  establishing  such  prices, 
rates  and  charges  for  the  use  of  the  industrial  park  or  parks 
and  services  made  available  therewith,  so  as  to  provide,  at 
all  times,  funds  which  will  be  sufficient,  (a)  to  pay  all  costs  of 
operation  and  maintenance  of  such  industrial  park  or  parks 
and  its  facilities  together  with  the  necessary  repairs  thereto; 
(b)  to  meet  and  pay  the  principal  and  interest  of  all  such 
bonds  as  they  severally  become  due  and  payable  and  (c)  for 
the  creating  of  such  revenues  for  the  principal  and  interest  of 
all  such  bonds  and  for  the  meeting  of  contingencies  and  the 
operation  and  maintenance  of  such  industrial  park  or  parks 
and  its  facilities  as  the  authority  shall  determine; 

(16)  for  such  other  covenants  as  to  such  prices,  rates 
and  charges  as  the  authority  shall  determine; 

(17)  for  covenants  as  to  the  rights,  liabilities,  powers 
and  duties  arising  upon  the  breach  by  the  authority  of  any 
covenant,  condition  or  obligation; 

(18)  for  covenants  as  to  the  bonds  to  be  issued  and  as 
to  the  issuance  of  said  bonds  in  escrow  and  otherwise  and  as 
to  the  use  and  disposition  of  the  proceeds  thereof; 

(19)  for  covenants  as  to  the  use  of  its  property  and  the 
maintenance  and  replacement  thereof  and  the  insurance  to  be 
carried  thereon  and  the  use  and  disposition  of  the  insurance 
money ; 

(20)  for  limitations  upon  the  exercise  of  the  powers  con- 
veyed upon  the  authority  by  this  act; 

(21)  for  the  issuance  of  such  bonds  in  series  thereof,  and 

(22)  the  performance  by  the  authority  of  any  and  all 
such  acts  and  things  as  may  be  necessary  or  convenient  or 
desirable  in  order  to  secure  its  bonds  or  in  the  absolute  dis- 
cretion of  the  authority  as  will  tend  to  make  the  bonds  more 
marketable,  notwithstanding  that  such  acts  or  things  may  not 
be  enumerated  therein. 


1955]  Chapter  254  385 

10.  Interim  Certificates.  Prior  to  the  issuance  of  the  bonds 
hereunder  the  authority  may  issue  interim  certificates  in  such 
manner  and  with  such  conditions  as  the  authority  may  deter- 
mine to  be  exchanged  for  such  bonds  when  issued. 

11.  Issuance  of  Notes  and  Purchase  by  the  State  Treasurer. 

The  authority  may  issue  to  the  state  treasurer  its  notes,  sub- 
ject to  the  limitation  as  provided  in  this  act,  in  an  amount 
outstanding  at  any  one  time  sufficient  to  enable  the  authority 
to  carry  out  its  functions  under  this  act  or  any  other  pro- 
vision of  law,  such  notes  to  mature  not  more  than  three  years 
from  their  respective  dates  of  issue,  to  be  redeemable  at  option 
of  the  authority  before  maturity  in  such  manner  as  may  be 
stipulated  in  such  obligation.  Each  such  obligation  shall  bear 
interest  at  a  rate  determined  by  the  state  treasurer,  taking 
into  consideration  the  current  average  rate  on  outstanding 
marketable  obligations  of  the  state  as  of  the  last  day  of  the 
month  preceding  the  issuance  of  the  obligation  of  the  author- 
ity. Notwithstanding  the  provisions  of  any  other  law,  the  state 
treasurer  is  authorized  to  purchase  the  notes  of  the  authority 
to  be  issued  hereunder  and  any  funds  over  which  the  state  has 
exclusive  control  may  be  used  for  this  purpose. 

12.  Debt  Limitation.  The  authority  shall  not  issue  its 
notes  or  bonds  as  provided  by  this  act  at  any  one  time  in  an 
amount  exceeding  one  million  dollars. 

13.  Tax  Exemption  and  Payment  for  Services  in  Lieu  of 

Taxes.  The  property  of  the  authority  is  declared  to  be  public 
property  and  shall  be  exempt  from  all  taxes  and  special  assess- 
ments of  the  state  or  any  political  subdivision  thereof;  pro- 
vided that  in  lieu  of  such  taxes  the  authority  may  agree  to 
make  payments  to  the  municipality  in  which  an  industrial 
park  is  located  for  highway  maintenance,  fire  protection  or 
other  services. 

14.  Bonds  Guaranteed.  The  governor  with  the  advice  and 
consent  of  the  council  is  hereby  authorized  in  the  name  of  the 
state  to  guarantee,  in  such  manner  as  may  be  determined,  the 
payment  of  the  whole  or  any  part  of  the  principal  and  interest 
of  any  bonds  to  be  issued  by  the  authority.  The  full  faith  and 
credit  of  the  state  shall  be  pledged  to  the  performance  of  such 
guarantee  of  the  state.  In  the  event  that  the  authority  shall 


386  Chapter  255  [1955 

default  in  payment  of  interest  or  principal  upon  any  of  the 
bonds  so  guaranteed  by  the  state,  the  governor  with  the  advice 
and  consent  of  the  council  may  draw  his  warrant  upon  the 
treasury  out  of  any  money  not  otherwise  appropriated  for  the 
payment  of  such  interest  or  principal  to  the  extent  of  such 
guarantee,  and  the  sums  so  paid  shall  be  recoverable  from  the 
authority. 

15.  Biennial  Report.  The  authority  shall  make  a  biennial 
report  to  the  legislature  setting  forth  in  detail  the  operations 
and  transactions  conducted  by  it  pursuant  to  this  act. 

16.  Separability  Clause.  If  any  provision  of  this  act  or 
the  application  thereof  to  any  person  or  circumstance  is  held 
invalid,  the  remainder  of  this  act  and  the  application  of  such 
provision  to  other  persons  or  circumstances  shall  not  be  affected 
thereby. 

17.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  14,  1955.] 


CHAPTER  255. 


AN  ACT  RELATIVE  TO  AUTHORITY  OF  TOWNS  TO  ENTER  INTO 
COLLECTIVE  BARGAINING  CONTRACTS  WITH  LABOR  UNIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Comt^t  convened: 

1.  Labor  Union  Contracts;  Towns.  Amend  section  3  of 
chapter  51  of  the  Revised  Laws  (section  3,  chapter  31,  RSA) 
by  inserting  after  the  word  "same"  in  the  second  line  the 
words,  may  recognize  unions  of  employees  and  make  and  enter 
into  collective  bargaining  contracts  with  such  unions;  so  that 
said  section  as  amended  shall  read  as  follows :  3.  In  General. 
Towns  may  purchase  and  hold  real  and  personal  estate  for  the 
public  uses  of  the  inhabitants,  and  may  sell  and  convey  the 
same ;  may  recognize  unions  of  employees  and  make  and  enter 
into  collective  bargaining  contracts  with  such  unions ;  and  may 
make  any  contracts  which  may  be  necessary  and  convenient 
for  the  transaction  of  the  public  business  of  the  town. 


1955]  Chapter  256  387 

,2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  14,  1955.] 


CHAPTER  256. 

AN  ACT  RELATIVE  TO  NATURE  OF  THE  TAX  ON  TOBACCO  PRODUCTS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Tobacco  Products.  Amend  section  5  of  chapter  79  of  the 
Revised  Laws  as  amended  by  section  4  of  chapter  238  of  the 
Laws  of  1947  (section  7,  chapter  78,  RSA)  by  adding  after  the 
word  "tax"  in  the  first  line  the  words,  upon  the  retail  consumer, 
so  that  said  section  as  amended  shall  read  as  follows :  5.  Tax 
Imposed.  A  tax  upon  the  retail  consumer,  is  hereby  imposed 
at  the  rate  of  fifteen  per  cent  upon  the  value  of  all  tobacco 
products  sold  at  retail  in  this  state  measured  by  the  usual 
selling  price.  The  payment  of  the  tax  shall  be  evidenced  by 
affixing  stamps  to  the  smallest  packages  containing  the  tobacco 
products  in  which  such  products  usually  are  sold  at  retail,  but 
the  word  "package"  as  used  herein  shall  not  include  individual 
cigars,  cigarettes,  or  plugs  or  hanks  of  chewing  tobacco,  and 
such  stamps  shall  be  affixed  in  denominations  of  not  less  than 
one-half  cent  to  an  aggregate  value  nearest  the  tax  hereby 
imposed.  No  tax  is  imposed  on  any  transactions  the  taxation 
of  which  by  this  state  is  prohibited  by  the  constitution  of  the 
United  States.  Each  unclassified  importer  shall  within  twenty- 
four  hours  after  receipt  of  any  unstamped  tobacco  products 
in  this  state  notify  the  tax  commission  of  the  amount  and 
brands  of  tobacco  products  received  and  the  name  and  address 
of  the  consignor.  The  tax  commission,  thereupon,  shall  notify 
the  unclassified  importer  of  the  amount  of  the  tax  due  thereon, 
at  the  rate  of  fifteen  percent  of  the  value  thereof.  Payment  of 
the  amount  due  the  state  shall  be  made  within  ten  days  from 
the  mailing  date  of  notice  thereof.  Any  unclassified  importer 
refusing  to  pay  the  tax  on  tobacco  products  imported  by  him 
within  ten  days  after  being  notified  of  the  amount  of  said  tax 
by  the  tax  commission,  shall  be  subject  to  a  fine  of  not  less  than 
twenty-five  dollars  or  more  than  one  hundred  dollars. 


388  Chapter  257  [1955 

2.  Presumption.  Further  amend  chapter  79  of  the  Revised 
Laws  (chapter  78,  RSA)  by  inserting  after  section  5  thereof 
the  following  new  section:  5-a.  Nature  of  Tax.  All  taxes 
upon  tobacco  products  under  this  chapter  are  declared  to  be  a 
direct  tax  upon  the  consumer  at  retail  and  shall  conclusively 
be  presumed  to  be  pre-collected  for  the  purpose  of  convenience 
and  facility  only. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  14,  1955.] 


CHAPTER  257. 

AN  ACT  RELATIVE  TO  MILEAGE  RATE  FOR  STATE  EMPLOYEES  USING 

PRIVATE  CARS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  State  Officials  and  Employees.  State  officials  and  em- 
ployees using  private  cars  in  the  conduct  of  official  state  busi- 
ness shall  be  reimbursed  for  mileage  at  the  following  rates, 
based  on  the  number  of  miles  travelled  in  any  one  fiscal  year: 
For  the  first  12,000  miles  seven  cents  per  mile,  for  the  next 
6,000  miles  six  cents  per  mile,  and  for  all  miles  in  excess  of 
18,000  miles  five  cents  per  mile. 

2.  Appropriation.  The  sum  of  fifty-nine  thousand,  five 
dollars,  and  twenty-one  cents,  or  so  much  as  may  be  necessary, 
is  hereby  appropriated  for  the  various  departments  of  the  state 
for  the  additional  mileage  allowances  provided  herein,  for  the 
fiscal  year  ending  June  30,  1956,  and  the  sum  of  fifty-seven 
thousand  six  hundred  and  fifty  dollars  and  ninety-eight  cents, 
or  so  much  as  may  be  necessary  for  said  purposes,  is  hereby 
appropriated  for  the  fiscal  year  ending  June  30,  1957.  Of  the 
above  sum  for  the  fiscal  year  ending  June  30,  1956  the  sum  ,of 
twenty-six  thousand  eight  hundred  and  ninety-six  dollars  and 
ninety-eight  cents  shall  be  a  charge  on  the  general  funds  and 
of  said  sum  the  sum  of  five  thousand  one  hundred  and  seventy- 
four  dollars  and  twenty-six  cents  shall  be  transferred  to  the 
special  fund  for  the  department  of  public  welfare ;  the  balance 


1955]  Chapter  258  389 

of  said  appropriation  for  said  fiscal  year  shall  be  a  charge  upon 
the  so-called  self-sustaining  funds  and/or  federal  funds.  Of  the 
above  sum  for  the  fiscal  year  ending  June  30,  1957,  the  sum 
of  twenty-seven  thousand,  one  hundred  and  forty-two  dollars 
and  eighteen  cents  shall  be  a  charge  on  the  general  funds  and 
of  said  sum  the  sum  of  five  thousand  one  hundred  and  seventy- 
four  dollars  and  twenty-six  cents  shall  be  transferred  to  the 
special  fund  for  the  department  of  public  welfare;  the  balance 
of  said  appropriation  for  said  fiscal  year  shall  be  a  charge  upon 
the  so-called  self-sustaining  funds  and/or  federal  funds.  The 
governor  is  hereby  authorized  to  draw  his  warrants  for  the 
sums  hereby  appropriated. 

3.     Takes  Effect.     This  act  shall  take  effect  as  of  July  1, 
1955. 
[Approved  July  14,  1955.] 


CHAPTER  258. 


AN  ACT  RELATIVE  TO  THE  ESTABLISHMENT  OF  A  CENTRALIZED 
BUREAU  FOR  THE  REPRODUCTION  OF  STATE  DOCUMENTS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Generul  Court  convened: 

1.  Authority  Granted.  The  governor,  whenever  he  finds 
that  it  would  be  in  the  best  interests  of  the  state  to  do  so,  may 
establish  within  any  department  of  the  state  a  bureau  for  the 
mimeographing,  photostating,  multilithing,  microfilming,  or 
reproducing  by  any  other  similar  methods,  of  forms,  letters, 
papers,  reports  and  the  like  for  the  various  state  departments 
and  agencies. 

2.  Rules  and  Regulations.  If  such  a  bureau  is  established 
the  governor  may  make  rules  and  regulations  relative  to  the 
reproduction  of  forms,  letters,  papers,  reports  and  the  like  by 
said  bureau. 

3.  Personnel  Transferred.  The  governor  is  hereby  author- 
ized to  transfer  to  the  bureau  of  mimeographing  any  employee 
of  any  state  department  or  agency,  except  as  hereinafter  pro- 
vided, authorized  to  do  work  on  mimeographing,  photostating 


390  Chapter  259  [1955 

or  multilithing  or  other  such  machines  and  all  unexpended 
appropriations  and  funds  allocated  for  the  payment  of  such 
employee's  salary  shall  be  transferred  to  the  bureau  so  estab- 
lished. Any  such  employee  so  transferred  or  employed  by  the 
expenditure  of  such  funds  and  appropriations  shall  be  directly 
responsible  to  the  head  of  the  department  wherein  said  bureau 
is  established. 

4.  Limitations.  Provided  however  that  no  employee  and 
funds  shall  be  transferred  under  the  authority  of  the  preced- 
ing section  where  such  transfer  would  affect  the  receipt  of 
federal  assistance  in  any  way  and  provided  further  that  no 
employee  so  transferred  shall  receive  less  compensation  than 
he  was  receiving  from  the  department  from  which  transferred. 

5.  Equipment  and  Funds  Transferred.  The  governor  is 
authorized  to  transfer  to  the  bureau  so  established  any  equip- 
ment belonging  to  any  department  or  agency  used  in  the 
mimeographing,  photostating,  multilithing,  microfilming  or  by 
any  other  method  of  reproducing  forms,  letters,  papers,  reports 
and  the  like,  except  in  cases  where  such  transfer  would  affect 
the  receipt  of  federal  aid  to  such  department  or  agency.  The 
governor  is  also  authorized  to  transfer  any  materials  used  in 
connection  with  such  reproducing  machines  and  funds  which 
may  have  been  appropriated  for  the  upkeep  of  such  machines. 

6.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1955. 

[Approved  July  14,  1955.] 


CHAPTER  259. 


AN  ACT  RELATIVE  TO  INTEREST  REFUNDS  TO  MEMBERS  OF  CREDIT 

UNIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Geneml  Court  convened: 

1.  Credit  Unions.  Amend  chapter  315,  Revised  Laws, 
(chapter  394,  RSA)  by  inserting  after  section  7  the  following 
new  section:  7-a.  Interest  Refund.  After  an  amendment 
to  the  by-laws  by  the  credit  union  members  and  subject  to  the 


1955]  Chapter  260  391 

approval  of  the  bank  commissioner,  a  credit  union  may  author- 
ize an  interest  refund  to  members  of  record  at  the  close  of 
business  on  June  30  in  proportion  to  the  interest  paid  by  them 
during  the  year. 

2.     Takes  Effect.     This  act  shall  take  effect  as  of  June  30, 
1955. 
[Approved  July  14,  1955.] 


CHAPTER  260. 


AN  ACT  RELATIVE  TO  PRACTICE  OF  MEDICINE  AND  SUSPENSION  OF 
LICENSES  IN  CERTAIN  CASES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Practice  of  Medicine.  Amend  chapter  250  of  the  Revised 
Laws  (chapter  329,  RSA)  by  inserting  after  section  14  the 
following  new  section:  14-a.  Involuntary  Commitment  to 
the  State  Hospital.  Whenever  it  is  responsibly  reported  to  the 
board  that  any  licensee  has  been  committed  to  the  state  hospi- 
tal by  involuntary  proceedings  for  the  purpose  of  examination 
to  determine  his  sanity,  the  board  shall  suspend  his  license  to 
practice  forthwith  and  such  suspension  shall  continue  until 
(1)  the  board  is  in  receipt  of  a  duly  authenticated  report  of 
discharge  from  the  state  hospital;  or  (2)  said  licensee  is  able 
to  demonstrate  at  a  hearing  before  the  board  that  he  is  phys- 
ically and  mentally  capable  of  practicing  medicine  without 
endangering  the  public.  For  the  purpose  of  the  foregoing  the 
board  will  consider  a  certified  copy  of  commitment  papers  to 
constitute  adequate  responsible  information  of  said  commit- 
ment. Applications  to  the  board  for  a  hearing  for  the  purpose 
of  determining  physical  and  mental  competence  to  practice 
medicine  without  endangering  the  public  will  not  be  entertained 
from  any  licensee  while  he  is  committed  to  and  an  inmate  of 
the  state  hospital  for  the  purpose  of  examination  to  determine 
his  sanity  when  his  commitment  thereto  was  involuntary. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  14,  1955.] 


392  Chapter  261  [1955 

CHAPTER  261. 

AN  ACT  DIVIDING  GRAFTON  COUNTY  INTO  COMMISSIONER 
DISTRICTS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Grafton  County.  Amend  section  1  of  chapter  45  of  the 
Revised  Laws  (section  1,  chapter  64,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  1. 
Election:  Term.  There  shall  be  chosen  at  each  biennial  elec- 
tion, by  ballot,  by  the  inhabitants  of  the  several  towns  in  each 
county  qualified  to  vote  for  state  senators,  a  sheriff,  a  county 
solicitor,  a  county  treasurer,  a  register  of  deeds,  a  register  of 
probate  and  three  county  commissioners,  each  of  whom  shall 
take  office  on  January  first  next  succeeding  his  election,  and 
shall  hold  the  same  for  two  years  and  until  his  successor  is 
chosen  and  qualified,  provided,  however,  that  in  the  county  of 
Grafton  the  inhabitants  of  the  several  towns  in  each  of  the 
commissioner  districts,  so  qualified,  shall  choose  at  said  elec- 
tion one  commissioner  for  the  district, 

2.  Commissioner  Districts.  Amend  chapter  45  of  the  Re- 
vised Laws  (chapter  64,  RSA)  by  inserting  after  section  1  the 
following  new  section:  1-a.  Election.  The  county  of  Graf- 
ton is  divided  into  three  districts  for  the  purpose  of  choosing 
county  commissioners  and  each  district  is  entitled  to  elect  one 
commissioner.  The  districts  for  said  county  shall  be  formed 
and  limited  in  manner  following :  District  1 :  Canaan,  Dor- 
chester, Enfield,  Grafton,  Hanover,  Lebanon,  Livermore,  Lyme, 
Orford,  Orange  and  Piermont;  District  2:  Bath,  Benton, 
Bethlehem,  Easton,  Franconia,  Haverhill,  Landaff,  Lisbon, 
Littleton,  Lyman  and  Monroe ;  District  3 :  Alexandria,  Ashland, 
Bridgewater,  Bristol,  Campton,  Ellsworth,  Groton,  Hebron, 
Holderness,  Lincoln,  Plymouth,  Rumney,  Thornton,  Warren, 
Waterville,  Wentworth  and  Woodstock. 

3.  Qualifications.  Amend  section  2  of  chapter  45  of  the 
Revised  Laws  (section  2,  chapter  64,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  2. 
Eligibility.  No  person  is  eligible  to  the  office  of  sheriff,  county 
solicitor,  county  treasurer,  register  of  deeds,  register  of  pro- 
bate, or  county  commissioner  unless  he  is  a  resident  of  the 


1955]  Chapter  262  393 

county  for  which  he  is  chosen,  and,  in  the  case  of  the  county 
commissioners  of  the  county  of  Grafton  unless  he  is  a  resident 
of  the  district  for  which  he  is  chosen.  No  person  shall  hold 
two  of  said  offices  at  the  same  time,  and  the  acceptance  of  one 
of  them  shall  be  a  resignation  of  the  others. 

4.  Takes  Effect.  This  act  shall  take  effect  for  the  nomina- 
tion and  election  of  Grafton  county  commissioners  at  the 
biennial  election  in  1956,  but  nothing  herein  shall  be  construed 
as  affecting  the  term  of  office  or  the  qualifications  of  county 
commissioners  in  office  at  the  time  the  act  takes  effect. 
[Approved  July  20,  1955.] 


CHAPTER  262. 

AN  ACT  RELATIVE  TO  NEGLECT  OF  HUSBAND  OR  FATHER  TO 

SUPPORT  WIFE  AND  CHILDREN  AND  NEGLECT  OP  MOTHER, 

AND  RELATIVE  TO  TEMPORARY  COURT  ORDERS  IN 

ANNULMENT  PROCEEDINGS  AND  DIVORCES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Penalty  Increased.  Amend  section  15  of  chapter  340  of 
the  Revised  Laws  as  amended  by  chapter  178,  Laws  of  1949 
(section  23,  chapter  460,  RSA)  by  striking  out  the  words  "six 
months"  in  the  sixth  line  and  inserting  in  place  thereof  the 
words,  one  year,  so  that  said  section  as  amended  shall  read  as 
follows :  15.  Neglect  by  Husband  or  Father.  If  any  husband 
or  father  shall  neglect  to  maintain  his  wife  or  children  when 
such  wife  or  children  are  dependent  upon  his  earnings  for 
support,  or  neglects  his  employment  or  misspends  his  earnings 
so  as  not  to  provide  for  the  support  of  his  wife  or  children,  he 
shall  be  imprisoned  not  more  than  one  year,  and  fined  not  more 
than  one  hundred  dollars,  or  both ;  such  fine,  if  any,  to  be  paid 
or  applied  in  whole  or  in  part  to  the  support  of  the  wife  or 
children  as  the  court  may  direct. 

2.  Care  of  Children.  Amend  section  15-a  of  chapter  340  of 
the  Revised  Laws,  as  inserted  by  section  2,  chapter  178,  Laws 
of  1949   (section  24,  chapter  460,  RSA)   by  striking  out  the 


394  ■  Chapter  262  [1955 

words,  "six  months"  in  the  third  line  and  inserting  in  place 
thereof  the  words,  one  year,  so  that  said  section  as  amended 
shall  read  as  follows:  15-a.  Neglect  by  Mother.  If  any 
mother  shall  neglect  to  provide  for  her  legitimate  or  illegiti- 
mate children  she  shall  be  imprisoned  not  more  than  one  year, 
and  fined  not  more  than  one  hundred  dollars,  or  both ;  such  fine, 
if  any,  to  bs  paid  or  applied  in  whole  or  in  part  to  the  support 
of  such  children  as  the  court  may  direct, 

3.  Separate  Maintenance.  Amend  section  14,  chapter  339 
of  the  Revised  Laws  as  amended  by  chapter  240,  Laws  of  1949 
(section  16,  chapter  458,  RSA)  by  inserting  after  the  word 
"divorce"  in  the  first  line  the  words,  annulment  or  a  decree  of 
nullity,  so  that  said  section  as  amended  shall  read  as  follows: 
14.  Temporary  Orders.  After  the  filing  of  a  libel  for  divorce, 
annulment  or  a  decree  of  nullity,  the  superior  court,  or  any 
justice  thereof,  may  restrain  either  party  from  imposing  any 
restraint  upon  the  person  or  liberty  of  the  other,  or  from 
entering  the  tenement  wherein  the  other  resides  during  the 
pendency  of  the  libel  and,  during  such  pendency,  may  order  a 
temporary  allowance  to  be  paid  for  the  support  of  the  other, 
and  may  make  such  orders  respecting  the  custody  and  mainte- 
nance of  the  minor  children  of  the  parties  as  shall  be  deemed 
expedient  and  for  the  benefit  of  the  children. 

4.  Orders  in  Cases  of  Out  of  State  Divorces.  Amend  chap- 
ter 339  of  the  Revised  Laws  by  inserting  after  section  16 
(section  19,  chapter  458,  RSA)  the  following  new  section: 
1,6-a.  Alimony  and  Support.  The  superior  court  shall  have 
jurisdiction  to  make  such  orders  or  temporary  orders  of  ali- 
mony to  a  divorced  wife  or  of  support  to  the  children  of 
divorced  parents  as  justice  shall  require  in  cases  where  the 
decree  of  divorce  was  not  granted  in  this  jurisdiction,  even 
though  said  divorce  decree  makes  provision  for  alimony  and 
support,  provided  the  wife  and  the  children  are  domiciled  in 
this  jurisdiction  and  the  husband  is  served  with  process  in  this 
jurisdiction. 

5.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  20,  1955.] 


1955]  Chapters  263,  264  395 

CHAPTER  263. 

AN  ACT  RELATIVE  TO  THE  EFFECTIVE  DATE  OF  AN  ACT  RELATIVE 
TO  SCHOOL  TUITION. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Change  in  Effective  Date.  Amend  section  3  of  chap- 
ter 227  of  the  Laws  of  1955  by  striking  out  the  figure  "1955" 
and  inserting  in  place  thereof  the  figure,  1956,  so  that  said 
section  as  amended  shall  read  as  follows:  3.  Takes  Effect. 
This  act  shall  take  effect  as  of  July  1,  1956. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  22,  1955.] 


CHAPTER  264. 

AN  ACT  RELATIVE  TO  SEASON  FOR  TAKING  WILD  DEER. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Wild  Deer.  Amend  section  3  of  chapter  242  of  the 
Revised  Laws,  as  amended  by  chapter  191,  Laws  of  1943,  chap- 
ter 168,  Laws  of  1945,  chapter  268,  Laws  of  1949  and  section  1, 
chapter  245,  Laws  of  1953  (section  2,  chapter  208,  RSA)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  3.  Taking,  Time.  Wild  deer,  outside  game  pre- 
serves, may  be  hunted  and  taken  from  one-half  hour  before 
sunrise  to  one-half  hour  after  sunset,  in  the  counties  of 
Grafton,  Coos  and  Carroll  from  November  first  to  November 
thirtieth,  and  in  all  other  counties  in  the  state  from  December 
first  to  December  twenty-first,  except  that  no  deer  shall  be 
hunted  or  taken  at  any  time  on  any  island  or  in  any  waters  in 
lakes  and  ponds. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  22,  1955.] 


396  Chapter  265  [1955 

CHAPTER  265. 

AN  ACT  RELATIVE  TO  DREDGING  HAMPTON  HARBOR,  PROTECTION 

OF  SHORE  AT  BOARS   HEAD  IN   THE  TOWN  OF   HAMPTON 

AND  A  STUDY  OF  SEACOAST  EROSION  PROBLEMS,  AND 

THE  Old  Homestead  Highway  in  Cheshire 
County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Hampton  Harbor;  Boars  Head.  Amend  chapter  218  of 
the  Laws  of  1953  by  inserting  after  section  1  the  following 
new  sections :  1-a.  Dredging.  The  governor  with  the  advice 
of  the  council  is  further  authorized  and  empowered  to  dredge 
channels  into  and  within  Hampton  harbor  provided  such  dredg- 
ing can  be  accomplished  within  the  funds  made  available  under 
this  act.  Such  dredging  operations  shall  be  under  the  direction 
and  supervision  of  the  commissioner  of  public  works  and  high- 
ways. 

1-b.  Shore  Protection,  Boars  Head.  The  governor  with 
the  advice  of  the  council  is  further  authorized  and  empowered 
to  construct  such  structures  at  Boars  Head  in  the  town  of 
Hampton  as  may  be  necessary  for  shore  protection  at  said 
location,  provided  such  structures  can  be  constructed  within 
the  funds  made  available  under  this  act.  Any  construction 
hereunder  shall  be  under  the  direction  and  supervision  of  the 
commissioner  of  public  works  and  highways. 

2.  Limitations.  Amend  section  11  of  chapter  218  of  the 
Laws  of  1953  by  striking  out  the  words  "and  parking  facilities" 
in  the  second  and  third  lines  and  inserting  in  place  thereof  the 
words,  or  parking  facilities,  or  dredging  operations,  or  shore 
protection,  so  that  said  section  as  amended  shall  read  as 
follows:  11.  Contracts  for  Construction.  All  contracts  for 
the  construction  of  the  said  sea  wall  or  walls  or  other  struc- 
tures, or  parking  facilities,  or  dredging  operations,  or  shore 
protection,  hereunder  shall  be  awarded  to  the  lowest  responsible 
bidder  submitting  a  sealed  bid  after  an  advertisement  calling 
for  bids  has  been  published  at  least  once  in  each  of  two  suc- 
cessive weeks  in  a  newspaper  in  general  circulation  in  New 
Hampshire.  The  first  publication  of  such  advertisement  shall 
be  not  less  than  fourteen  days  prior  to  the  date  upon  which 


1955]  Chapter  266  397 

bids  are  received.  Contracts  shall  be  awarded  in  accordance 
with  section  13,  chapter  90-A,  Revised  Laws,  as  inserted  by 
part  9,  chapter  5,  Laws  of  1950. 

3.  Study  Authorized.  The  commissioner  of  public  works 
and  highways  is  hereby  directed  to  cause  a  detailed  study  to 
be  made  of  the  entire  seacoast  of  the  state  and  of  erosion 
problems  relative  thereto  and  to  prepare  a  plan  and  estimates 
for  such  work  as  may  seem  to  be  necessary  for  the  protection 
of  the  seacoast.  Said  commissioner  shall  file  a  report  of  the 
study  hereunder  with  the  secretary  of  state  prior  to  December 
31,  1956  for  the  use  of  the  1957  session  of  the  legislature. 

4.  Old  Homestead  Highway.  The  highway  running  from 
the  boundary  line  of  the  state  with  the  commonwealth  of 
Massachusetts  in  the  town  of  Richmond,  thence  running 
through  the  town  of  Swanzey  to  the  city  of  Keene,  now  known 
as  Route  32,  shall  be  named  and  hereafter  called  the  Old 
Homestead  Highway.  The  commissioner  of  public  works  and 
highways  shall  cause  suitable  markers  to  be  erected  on  said 
highway  showing  the  name  thereof. 

5.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  22,  1955.] 


CHAPTER  266. 


an  act  to  establish  a  comfort  station  at  north  beach  in 

Hampton. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Comfort  Station  at  Hampton  Beach.  A  sum  not  to  ex- 
ceed thirty  thousand  dollars  is  hereby  appropriated  for  the 
purpose  of  the  construction  and  equipment  of  a  comfort 
station  to  be  located  in  the  vicinity  of  North  Beach  in  the  town 
of  Hampton.  The  sums  made  available  hereunder  shall  be  ex- 
pended by  the  recreation  division  of  the  forestry  and  recreation 
department  provided  that  all  plans  for  projects  hereunder  shall' 
be  submitted  to  the  governor  and  council  and  approved  by 
them  prior  to  the  awarding  of  the  contracts. 


398  Chapter  267  [1955 

2.  Recreational  Fund.  The  appropriation  provided  by 
section  1  shall  be  a  charge  upon  the  state  recreational  fund 
established  by  section  19-a  of  chapter  234,  Revised  Laws,  as 
inserted  by  section  8,  chapter  240,  Laws  of  1951,  as  amended 
by  section  8,  chapter  254,  Laws  of  1953  (section  20,  chapter 
219,  RSA).  The  sale  of  merchandise  by  the  department  of 
forestry  and  recreation  in  the  facility  provided  by  section  1 
shall  be  limited  to  sale  by  vending  machines  of  cigarettes  and 
beverages, 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  22,  1955.] 


CHAPTER  267. 


AN  ACT  PROVIDING  FOR  FIXING  A  DATE  FOR  THE  DETERMINATION 
OF  STOCKHOLDERS  OF  RECORD  OR  THE  CLOSING  OF  STOCK 
TRANSFER  BOOKS.  ' 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Business  Corporations.  Amend  chapter  274  of  the  Re- 
vised Laws  (chapter  294,  RSA)  by  inserting  after  section  84 
the  following  new  section:  84-a.  Fixing  a  Record  Date  or 
Closing  Books.  By-laws  of  a  corporation  heretofore  or  here- 
after incorporated  under  the  laws  of  the  state  may  provide  or 
be  amended  to  provide  that  the  board  of  directors  may  have 
authority: 

I.  To  fix  in  advance  a  date  not  exceeding  sixty  days  prior 
to  the  date  of  (1)  any  meeting  of  stockholders  (2)  the  pay- 
ment of  any  dividend  (3)  the  making  of  any  distribution  to 
stockholders  (4)  the  last  day  upon  which  the  consent  or  dis- 
sent of  stockholders  may  be  effectively  expressed  for  any 
purpose  or  (5)  delivery  of  evidences  of  rights  or  interests 
arising  out  of  any  issue,  change,  conversion  or  exchange  or 
capital  stock,  as  a  record  date  for  the  determination  of  the 
stockholders  entitled  (a)  to  notice  of  and  to  vote  at  any  meet- 
ing and  any  adjournment  thereof  (b)  to  receive  any  dividend 
(c)  to  receive  any  distribution  to  stockholders  (d)  to  consent 


1955]  Chapters  268,  269  399 

or  dissent  for  any  purpose  or  (e)  to  receive  delivery  of  evi- 
dences of  rights  or  interests  arising  out  of  any  issue,  change, 
conversion  or  exchange  of  capital  stock,  and  in  such  case  only 
stockholders  of  record  on  such  record  date  shall  have  such 
rights  notwithstanding  any  transfer  of  stock  upon  the  books 
of  the  corporation  after  the  record  date;  or 

IL  Without  fixing  such  record  date  and  for  any  of  such 
purposes  to  close  the  stock  transfer  books  of  the  corporation 
for  all  or  any  part  of  such  period. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  22,  1955.] 


CHAPTER  268. 


AN  ACT  RELATIVE  TO  THE  MARKING  OF  THE  LINE  DIVIDING  THE 
STATE  FOR  THE  PURPOSE  OF  THE  TAKING  OF  DEER. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Division  of  State  for  Taking  Deer.  The  fish  and  game 
department  is  directed  to  erect,  at  every  intersection  of  a 
public  way  and  the  line  which  divides  the  state  for  the  purpose 
of  open  season  for  taking  wild  deer,  a  suitable  marker  which 
will  show  the  location  of  said  line. 

,2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  22,  1955.] 


CHAPTER  269. 

AN  ACT  TO  INCREASE  THE  SALARIES  OF  THE  COUNTY 
COMMISSIONERS  OF  HILLSBOROUGH  COUNTY. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     County  Commissioners.     Amend  section  27  of  chapter  47 


400  Chapter  269  [1955 

of  the  Revised  Laws,  as  amended  by  chapters  119,  150,  195 
and  202  of  the  Laws  of  1943,  chapters  66  and  163  of  the  Laws 
of  1945,  chapters  202  and  284  of  the  Laws  of  1947,  chapters  73 
and  162  of  the  Laws  of  1949,  chapters  149  and  233  of  the  Laws 
of  1951,  chapters  90  and  123,  Laws  of  1953  (section  28,  chap- 
ter 28,  RSA)  and  by  section  4,  chapter  247,  Laws  of  1955,  by 
striking  out  the  words  "In  Hillsborough,  thirty-five  hundred" 
and  inserting  in  place  thereof  the  words.  In  Hillsborough,  three 
thousand  seven  hundred  and  fifty,  so  that  said  section  as 
amended  shall  read  as  follows:  27.  Commissioners.  The 
annual  salary  of  each  commissioner  of  the  following  counties 
shall  be  as  follows,  payable  monthly  by  the  county: 

In  Rockingham,  eighteen  hundred  dollars. 

In  Strafford,  fifteen  hundred  dollars. 

In  Belknap,  fifteen  hundred  dollars. 

In  Merrimack,  two  thousand  dollars. 

In  Hillsborough,  three  thousand  seven  hundred  and  fifty 
dollars. 

In  Cheshire,  fifteen  hundred  dollars. 

In  Sullivan,  twelve  hundred  dollars. 

In  Grafton,  eighteen  hundred  dollars. 

In  Coos,  fifteen  hundred  dollars. 

In  Carroll  county  each  commissioner,  when  employed  in 
business  of  the  county,  shall  receive  ten  dollars  a  day,  payable 
as  hereinbefore  provided. 

To  the  foregoing  sums  shall  be  added,  in  all  counties,  a  rea- 
sonable sum  for  all  necessary  expenses,  upon  order  of  the 
county  auditors. 

2.  Takes  Effect.  The  foregoing  provisions  of  section  1 
which  provide  for  an  increase  in  the  salaries  of  the  commis- 
sioners of  the  county  of  Hillsborough  shall  take  effect  upon  the 
passage  of  this  act.  The  remaining  provisions  hereof  shall  take 
effect  as  of  January  1,  1955. 
[Approved  July  22,  1955.] 


1955]  Chapters  270,  271  401 

CHAPTER  270. 

AN  ACT  RELATING  TO  SOLICITATION  OF  FUNDS  FOR  CHARITABLE 

PURPOSES. 

Be  it  enacted  by  the  Semite  and  House  of  Representatives  in 
General  Court  convened: 

1.  Charitable  Purposes.  Amend  section  89  of  chapter  51 
of  the  Revised  Laws  (RSA  31:91)  by  striking  out  said  section 
and  inserting-  in  place  thereof  the  following:  89.  Soliciting 
Funds.  The  right  to  grant  permits  for  soliciting  funds  for 
charitable  purposes  and  for  the  sale  of  tags,  flowers  or  other 
objects  for  charitable  purposes  shall  be  vested  in  the  mayor 
and  aldermen  of  a  city  or  the  selectmen  of  towns. 

,2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  22,  1955.] 


CHAPTER  271. 

AN  ACT  RELATIVE  TO  SALARIES  OF  COURT  STENOGRAPHERS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Court  Stenographers.  Amend  section  26  of  chapter  395 
of  the  Revised  Laws  as  amended  by  section  1,  chapter  176, 
Laws  of  1947,  section  1,  chapter  95,  Laws  of  1949,  section  12, 
chapter  221,  Laws  of  1951,  and  section  1,  chapter  257,  Laws 
of  1953  (section  26,  chapter  519,  RSA)  by  striking  out  the 
words  "three  thousand  eight"  in  the  seventh  line  and  inserting 
in  place  thereof  the  words,  four  thousand  five,  so  that  said 
section  as  amended  shall  read  as  follows:  26.  Appointment. 
The  superior  court,  acting  as  a  body,  may  appoint  not  more 
than  seven  official  state  court  stenographers  who  shall  report 
the  proceedings  of  tlie  superior  court  of  any  county  to  which 
they  may  from  time  to  time  be  assigned  by  said  court.  Each 
court  stenographer  shall  be  sworn  to  the  faithful  discharge  of 
his  duties  and  shall  receive  from  the  state  an  annual  salary 
of  four  thousand  five  hundred  dollars.  He  shall  take  full  notes 
of  all  oral  testimony  aiid  other  proceedings  in  the  trial  of 


402  Chapter  272  [1955 

causes  either  at  law  or  in  equity  including  the  charge  of  the 
justice  in  all  trials  before  a  jury  and  all  comments  and  rulings 
of  said  justice  in  the  presence  of  the  jury  during  the  progress 
of  the  trial  as  well  as  all  statements  and  arguments  of  counsel 
addressed  to  the  court,  and  during  the  trial  shall  furnish  for 
the  use  of  the  court  or  either  of  the  parties  a  transcript  of 
so  much  of  his  notes  as  the  presiding  justice  may  direct.  He 
shall  also  furnish  a  transcript  of  so  much  of  the  evidence  and 
other  proceedings  taken  by  him  as  either  party  to  the  trial 
may  require,  on  payment  therefor  by  such  party  at  the  rate 
fixed  by  the  court  as  provided  in  section  29. 

2.  Additional.  Amend  section  30  of  chapter  395  of  the 
Revised  Laws  as  amended  by  section  4,  chapter  176,  Laws  of 
1947  (section  31,  chapter  519,  RSA)  by  striking  out  the  words 
"twelve  dollars  and  fifty  cents"  in  the  third  and  fourth  lines 
and  inserting  in  place  thereof  the  words,  fifteen  dollars, 
so  that  said  section  as  amended  shall  read  as  follows:  30. 
Stenographic  Hire.  The  superior  court  may  employ  such  addi- 
tional stenographic  assistance  as  it  may  require  and  stenog- 
raphers so  employed  shall  be  allowed  fifteen  dollars  per  day 
and  shall  be  reimbursed  for  their  actual  expenses  when  away 
from  home. 

3.  Takes  Effect.     This  act  shall  take  effect  July  1,  1955. 
[Approved  July  22,  1955.] 


CHAPTER  272. 


AN  ACT  AUTHORIZING  THE  CREATION  OF  REGIONAL  PLANNING 

COMMISSIONS. 

Whereas  under  the  provisions  of  the  Federal  Housing  Act 
of  1954  grants  in  aid  are  available  for  regional  and  municipal 
planning,  and 

Whereas  existing  New  Hampshire  regional  planning  en- 
abling legislation  is  limited  in  its  authority  to  permit  accept- 
ance of  grants,  and 

Whereas  by  broadening  the  authority  in  the  regional 
planning  enabling  statute  groups  of  communities  may  make 


1955]  Chapter  272  403 

application  for  grants  in  aid  under  the  Federal  Housing  Act 
of  1954,  and 

Whereas  amendment  of  section  37,  chapter  53,  Revised 
Laws,  is  desirable, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Regional  Planning  Permitted.  Amend  chapter  53  of  the 
Revised  Laws  by  striking  out  sections  37  and  38  (section  37, 
chapter  36,  RSA)  and  inserting  in  place  thereof  the  following 
new  subdivision: 

Regional  Planning  Commissions 

37.  Purposes.  The  purpose  of  this  subdivision  shall  be 
to  enable  municipalities  and  counties  to  join  in  the  formation 
of  regional  planning  commissions  whose  duty  it  shall  be  to 
prepare  a  coordinated  plan  for  the  development  of  a  region, 
taking  into  account  present  and  future  needs,  with  a  view 
toward  encouraging  the  most  appropriate  use  of  land,  such 
as  for  agriculture,  forestry,  industry,  commerce,  and  housing; 
the  facilitation  of  transportation  and  communications;  to 
proper  and  economic  location  of  public  utilities  and  services; 
the  development  of  adequate  recreational  areas ;  the  promotion 
of  good  civic  design ;  and  the  wise  and  efficient  expenditure  of 
pubhc  funds.  The  aforesaid  plan  shall  be  made  in  order  to 
promote  the  health,  safety,  morals,  and  general  welfare  of  the 
region  and  its  inhabitants. 

38.  Formation  of  Regional  Planning  Commissions.     Two 

or  more  municipalities  having  planning  boards  may,  by  ordi- 
nance or  resolution  adopted  by  the  respective  legislative  bodies 
of  said  municipalities,  become  members  of  a  regional  planning 
commission.  Each  municipality  which  shall  become  a  member 
of  a  regional  planning  commission  shall  be  entitled  to  two 
representatives  on  said  commission.  A  municipality  with  a 
population  of  over  10,000  but  less  than  25,000  shall  be  entitled 
to  have  three  representatives  on  said  commission,  and  a  muni- 
cipality with  a  population  of  over  25,000  shall  be  entitled  to 
have  four  representatives  on  said  commission.  Population  as 
set  forth  in  this  section  shall  be  deemed  to  be  determined  by 
the  last  federal  census.  Representatives  to  a  regional  planning 
commission  shall  be  nominated  by  the  planning  board  of  each 


404  Chapter  272  [1955 

municipality  from  the  residents  thereof  and  shall  be  appointed 
by  the  municipal  officers  of  each  municipality.  In  any  county 
or  counties  in  which  a  regional  planning  commission  has  been 
formed,  the  county  may,  by  resolution  of  its  county  commis- 
sioners, become  a  member  of  said  regional  planning  commission 
and  shall  be  entitled  to  appoint  two  representatives  on  said 
commission.  The  terms  of  office  of  members  of  a  regional  plan- 
ning commission  shall  be  for  four  years,  but  initial  appoint- 
ments shall  be  for  two  and  four  years.  In  municipalities  entitled 
to  three  or  more  representatives,  initial  appointments  shall  be 
for  two,  three,  and  four  years.  Vacancies  shall  be  filled  for 
the  remainder  of  the  unexpired  term  in  the  same  manner  as 
original  appointments. 

39.  General  Powers  and  Duties.  A  regional  planning 
commission's  powers  shall  be  advisory,  and  shall  generally 
pertain  to  the  development  of  the  region  within  its  jurisdiction 
as  a  whole,  or  to  problems  which  involve  a  combination  of  four 
or  more  municipalities  or  counties.  Nothing  in  this  subdivision 
shall  be  deemed  to  reduce  or  limit  any  of  the  powers,  duties, 
or  obligations  of  planning  boards  in  individual  municipalities. 
The  area  of  jurisdiction  of  a  regional  planning  commission 
shall  include  the  areas  of  the  respective  municipalities  form- 
ing such  commission  and  may  include  all  or  part  of  any  county 
or  counties  which  is  a  member  of  said  regional  planning  com- 
mission. It  shall  be  the  duty  of  a  regional  planning  commission 
to  prepare  a  comprehensive  master  plan  for  the  development 
of  the  region  within  its  jurisdiction,  including  the  commission's 
recommendations,  among  other  things,  for  the  use  of  land 
within  the  region ;  for  the  general  location,  extent,  type  of  use, 
and  character  of  highways,  major  streets,  intersections,  park- 
ing lots,  railroads,  aircraft  landing  areas,  waterways  and 
bridges,  and  other  means  of  transportation,  communication, 
and  other  purposes;  for  the  development,  extent,  and  general 
location  of  parks,  playgrounds,  shore  front  developments,  park- 
ways, and  other  public  reservations  and  recreation  areas;  for 
the  location,  type,  and  character  of  public  buildings,  schools, 
community  centers,  and  other  public  property;  and  for  the 
improvement,  redevelopment,  rehabilitation,  or  conservation 
of  residential,  business,  industrial  and  other  areas;  including 
the  development  of  programs  for  the  modernization  and  co- 
ordination of  building,  housing,  zoning  and  subdivision  regu- 


1955]  Chapter  272  405 

lations  of  municipalities  and  their  enforcement  on  a  coordinated 
and  unified  basis.  A  regional  planning  commission  may  author- 
ize its  employees  or  consultants  to  render  assistance  on  local 
planning  problems  to  any  municipality  or  county  which  is  not 
a  member  of  said  regional  planning  commission.  The  cost  of. 
such  assistance  shall  be  paid  entirely  by  the  municipality  or 
county  to  which  the  service  is  rendered  or  partly  by  said  muni- 
cipality or  county  and  partly  by  any  gift,  grant,  or  contribution 
which  may  be  available  for  such  work  or  by  combination 
thereof.  Said  commission  shall  keep  a  strict  account  of  the 
cost  of  such  assistance  and  shall  provide  such  municipality  or 
county  with  an  itemized  statement. 

40.  Organization,  Officers,  and  By-Laws.  A  regional 
planning  commission  shall  elect  annually  from  among  its  mem- 
bers a  chairman,  vice-chairman,  and  such  other  officers  as  it 
deems  necessary.  Meetings  shall  be  held  at  the  call  of  the 
chairman  and  at  such  other  time  as  the  commission  may 
determine.  A  commission  shall  keep  minutes  of  its  proceedings 
and  such  minutes  shall  be  filed  in  the  office  of  the  commission 
and  shall  be  a  public  record.  A  commission  may  adopt  such 
by-laws  as  it  deems  necessary  to  the  conduct  of  its  business. 

41.  Finances.  A  regional  planning  commission  shall 
determine  on  a  reasonable  and  equitable  basis  the  proportion 
of  its  costs  to  be  borne  respectively  by  each  municipality  or 
county  which  is  a  member  of  said  commission.  A  commission 
may  accept  and  receive,  in  furtherance  of  its  functions,  funds, 
grants  and  services  from  the  federal  government  or  its 
agencies,  from  departments,  agencies  and  instrumentalities  of 
state,  municipal  or  local  government,  or  from  private  and  civic 
sources.  Such  funds  may  be  used  in  conjunction  with  other 
funds  from  federal  or  state  governments  or  from  gifts,  grants, 
or  contributions  available  for  such  work.  Municipalities  or 
counties  are  hereby  authorized  to  appropriate  funds  to  the  use 
of  a  regional  planning  commission  and  to  furnish  a  regional 
planning  commission  legal  or  other  services  which  it  may  deem 
reasonable.  Failure  upon  the  part  of  any  municipality  or 
county  to  pay  its  proportionate  share  of  the  cost  as  determined 
by  a  regional  planning  commission  shall  constitute  a  termina- 
tion of  such  municipality's  or  county's  membership  on  said 
commission.  Municipalities  or  counties  are  hereby  authorized 


406  Chapter  272  [1955 

to  enter  into  contracts  with  a  regional  planning  commission 
for  the  furnishing  of  funds  or  services  in  connection  with  the 
preparation  of  a  comprehensive  regional  master  plan  and  any 
special  planning  work  to  be  done  by  a  regional  planning  com- 
mission for  any  member  municipality  or  county.  Within  the 
amounts  appropriated  to  it  or  placed  at  its  disposal  by  gift, 
grant,  or  contribution,  a  regional  planning  commission  may 
engage  employees,  contract  with  professional  consultants,  rent 
offices,  and  obtain  such  other  goods  or  services  as  are  necessary 
to  it  in  the  carrying  out  of  its  proper  functions. 

42.  Relationship  to  Local  Planning  Boards.  A  regional 
planning  commission  may  assist  the  planning  board  of  any 
municipality  which  is  a  member  of  said  commission  to  carry 
out  any  regional  plan  or  plans  developed  by  said  commission, 
A  regional  planning  commission  may  render  assistance  on 
local  planning  problems  to  any  municipality  or  county  which 
is  a  member  of  said  regional  planning  commission.  The  amount 
of  such  planning  assistance  shall  be  apportioned  among  the 
member  municipalities  on  the  basis  of  the  municipalities'  con- 
tribution to  the  regional  planning  commission,  together  with 
grants  or  gifts  which  are  received  in  behalf  of  the  municipality 
by  the  regional  planning  commission.  A  regional  planning  com- 
mission may  make  recommendations  on  the  basis  of  its  plans 
and  studies  to  any  planning  board,  to  the  legislative  body  of 
any  city  and  to  the  selectmen  of  any  town  within  its  region,  to 
the  county  commissioners  of  the  county  or  counties  in  which 
said  region  is  located,  and  to  any  state  or  federal  authorities. 
Upon  completion  of  a  comprehensive  master  plan  for  the  region 

,  or  any  portion  of  said  comprehensive  master  plan,  a  regional 
planning  commission  may  file  certified  copies  of  said  com- 
prehensive master  plan  or  portion  thereof  with  the  planning 
board  of  any  member  municipality.  Such  planning  boards  may 
adopt  all  or  any  part  of  such  comprehensive  master  plan  which 
pertains  to  the  area  within  its  jurisdiction  as  its  own  master 
plan,  subject  to  the  requirements  of  sections  10,  11  and  12, 
chapter  53  of  the  Revised  Laws  of  New  Hampshire  1942. 

43.  Assistance  to  Urban  Renewal  by  Municipalities  and 
Other  Public  Bodies.  In  cooperation  with  the  member  munici- 
palities or  their  planning  boards  and/or  housing  authorities 
and  with  the  federal  and  state  governments,  a  regional  plan- 


1955]  Chapter  273  407 

ning  commission  is  hereby  authorized  to  do  any  and  all  things 
necessary  to  aid  and  cooperate  in  the  planning  and  undertaking 
of  urban  renewal  projects. 

44.  Workable  Program.  The  regional  planning  commis- 
sion in  cooperation  with  the  member  municipalities  or  their 
planning  boards  and/or  housing  authorities  is  hereby  author- 
ized to  prepare  a  workable  program,  which  may  include  an 
official  plan  of  action,  as  it  exists  from  time  to  time  for 
effectively  dealing  with  the  problem  of  urban  slums  and 
blighted,  deteriorated,  or  deteriorating  areas  within  the  com- 
munity and  for  the  establishment  and  preservation  of  a  well 
planned  community  with  well  organized  residential  neighbor- 
hoods of  decent  homes  and  suitable  living  environment  for 
adequate  family  life;  for  utilizing  appropriate  private  and 
public  resources  to  eliminate,  and  prevent  the  development  or 
spread  of,  slums  and  urban  blight  and  deterioration,  to  en- 
courage needed  urban  rehabilitation,  to  provide  for  the  rede- 
velopment of  blighted,  deteriorated,  or  slum  areas,  or  to 
undertake  such  of  the  aforesaid  activities  or  other  feasible 
activities  as  may  be  suitably  employed  to  achieve  the  objectives 
of  such  a  program. 

.2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  22,  1955.] 


CHAPTER  273. 


AN  ACT  RELATIVE  TO  ELECTION  CAMPAIGN  RECEIPTS  AND 
EXPENDITURES  AND  THEIR  PUBLICATION. 

Be  it  enacted  by  the  Senate  wid  House  of  Representatives  in 
General  Court  convened: 

1.  Elections.  Amend  chapter  42  of  the  Revised  Laws,  as 
amended  by  chapter  185,  Laws  of  1945,  chapter  205,  Laws  of 
1947,  section  2,  chapter  230,  Laws  of  1951  and  sections  6  to  10 
inclusive,  chapter  190,  Laws  of  1953  (chapter  70,  RSA)  by 
striking  out  said  chapter  and  inserting  in  place  thereof  the 
following : 


408  Chapter  273  [1955 

Chapter  42 
Campaign  Receipts  and  Expenditures  and  their  Publication 

Definitions 

1.  Terms  Defined. 

I.  The  word  "election"  shall  mean  any  general  biennial 
or  special  election,  political  party  primary,  and  presidential 
preference  and  delegate  primary. 

II.  The  word  "candidate"  shall  mean  any  person  for 
whom  votes  are  sought  in  an  election. 

III.  The  phrase  "political  committee"  shall  mean  any 
organization  of  two  or  more  persons  to  influence  elections  or 
measures,  including  the  political  committee  of  a  party  as  here- 
inafter defined. 

IV.  The  phrase  "political  party"  or  the  word  "party" 
shall  mean  any  political  organization  or  number  of  persons 
which  can  nominate  candidates  in  any  manner  prescribed  by 
law  and  has  done  so  for  the  current  election.  The  definition 
of  the  word  "party"  contained  in  section  1,  chapter  33,  Revised 
Laws,  shall  not  apply  to  this  chapter. 

V.  The  phrase  "thing  of  value"  shall  not  include 
services  of  volunteers  who  receive  no  pay  therefor. 

Prohibited  Political  Contributions 

2.  Limitations.  No  gift,  payment  or  contribution  of 
money  or  thing  of  value,  whether  tangible  or  intangible,  shall 
be  made  to  a  candidate,  a  political  committee,  or  political  party 
or  in  behalf  of  a  candidate,  political  party,  or  measure,  directly 
or  indirectly,  for  the  purpose  of  promoting  the  success  or 
defeat  of  any  candidate,  political  party  or  measure: 

I.  By  any  corporation,  or  by  any  officer,  director,  execu- 
tive, agent  or  employee  acting  in  behalf  of  such  corporation, 
or  by  any  organization  representing  or  affiliated  with  one  or 
more  corporations  or  by  any  officer,  director,  executive,  agent 
or  employee  acting  in  behalf  of  such  organization. 

II.  By  any  partnership  as  such  or  by  any  partner  act- 
ing in  behalf  of  such  partnership. 

III.  By  any  labor  union  or  group  of  labor  unions,  or  by 
any  officer,  director,  executive,  agent  or  employee  acting  in 
behalf  of  such  union  or  group  of  unions;  or  by  any  organiza- 
tion representing  or  affiliated  with  any  sudh  union  or  group 


1955]  Chapter  273  409 

of  unions,   or   by   any   officer,   director,   executive,   agent   or 
employee  acting  in  behalf  of  such  organization. 

IV.  By  any  person  employed  in  the  classified  service  of 
the  state,  or  by  the  spouse  or  minor  child  of  such  person. 

V.  By  any  person  (1)  if  in  excess  of  $5,000  in  value, 
except  for  contributions  made  by  a  candidate  on  behalf  of  his 
own  candidacy,  (2)  if  made  anonymously  or  under  a  name  not 
that  of  donor,  (3)  if  made  in  the  guise  of  a  loan,  (4)  if  in  any 
other  manner  concealed,  (5)  if  made  without  the  knowledge 
and  written  consent  of  the  candidate  or  his  fiscal  agent,  a 
political  committee  or  its  treasurer,  or  not  to  any  one  of  the 
same. 

3.  Prohibited  Contributions.  No  candidate  or  fiscal 
agent,  political  committee  or  treasurer  thereof  nor  any  other 
person  shall  solicit  or  accept  any  contribution  prohibited  by 
section  2. 

Prohibited  Political  Expenditures 

4.  Amounts  Established.  No  expenditure,  contract  there- 
for, or  use  of  a  contribution  of  money  or  thing  of  value,  tan- 
gible or  intangible,  shall  be  made  for  the  purpose  of  promoting 
the  success  or  defeat  of  any  party,  measure  or  person 

I.  By  a  candidate  or  in  his  behalf  in  a  primary,  a  sum 
in  excess  of  the  following  amounts: 

(1)  Governor,   or  presidential   preference  primary 
candidate,  twenty-five  thousand  dollars. 

(2)  United    States    senator,    twenty-five    thousand 
dollars. 

(3)  Representative   in   congress,    twelve    thousand 
five  hundred  dollars. 

(4)  Delegate-at-large  to  party  convention,  five  thou- 
sand dollars. 

(5)  District  delegate  to  party  convention,  twenty- 
five  hundred  dollars. 

(6)  Alternate  delegate-at-large  to  party  convention, 
twelve  hundred  fifty  dollars. 

(7)  Alternate  district  delegate  to  party  convention, 
six  hundred  twenty-five  dollars. 

(8)  Councilor,  two  thousand  dollars. 


410  Chapter  273  [1955 

(9)  County  officer  or  state  senator,  one  thousand 
dollars, 

(10)  Representative  to  the  general  court,  two  hun- 
dred fifty  dollars. 

In  determining-  whether  a  candidate  has  exceeded  the  sum 
fixed  in  this  paragraph,  no  account  shall  be  taken  of  the  follow- 
ing items :  The  candidate's  contribution  to  the  state  committee,, 
his  filing  fee,  or  his  expenditures  for  personal  travel  and  sub- 
sistence expenses.  The  sums  fixed  in  this  paragraph  shall 
include  all  expenditures,  contracts  therefor,  and  use  of  con- 
tributions of  money  or  things  of  value,  tangible  or  intangible, 
by  a  candidate  or  by  others,  including  political  committees, 
in  his  behalf  and  with  his  knowledge  during  the  period  of 
time  he  or  others  in  his  behalf  and  with  his  knowledge  seeks 
votes  for  him  to  and  including  the  date  of  the  primary. 

II.  By  or  on  behalf  of  a  candidate  other  than  in  a 
primary,  a  sum  in  excess  of  the  following  amounts: 

(1)  Presidential  elector,  governor  or  United  States 
senator,  twenty  thousand  dollars. 

(2)  Representative  in  congress,  ten  thousand  dol- 
lars. 

(3)  Councilor,   two  thousand  dollars. 

(4)  County  officer  or  state  senator,  one  thousand 
dollars. 

(5)  Representative  to  the  general  court,  two  hun- 
dred fifty  dollars. 

In  determining  whether  a  candidate  has  exceeded  the  sum 
fixed  in  this  paragraph,  no  account  shall  be  taken  of  the  items 
excluded  in  such  determination  in  paragraph  I.  The  sums  fixed 
in  this  paragraph  shall  include  all  expenditures,  contracts 
therefor,  and  use  of  contributions  of  money  or  things  of  value, 
tangible  or  intangible,  by  a  candidate  or  by  others,  including 
political  committees,  in  his  behalf  and  with  his  knowledge 
during  the  time  between  the  date  of  his  nomination  to  and 
including  the  date  of  election,  except  by  the  political  com- 
mittees of  the  political  party  to  which  he  belongs. 

III.  By  a  political  committee  without  the  knowledge 
and  written  consent  of  the  candidate  supported  or  his  fiscal 
agent,  or  to  such  candidate  or  his  fiscal  agent.  This  paragraph 


1955]  Chapter  273  411 

shall  not  apply  to  political  committees  of  the  party  to  which 
the  candidate  belongs  in  elections  other  than  primaries. 

IV.  By  a  political  committee  organized  in  favor  or 
against  a  statewide  referendum  on  any  question,  including  a 
proposed  constitutional  amendment,  or  any  measure  proposed 
for  a  local  referendum  on  a  statewide  basis,  a  sum  in  excess  of 
ten  thousand  dollars. 

V.  By  the  state  committee  of  any  political  party,  a  sum 
in  excess  of  one  hundred  thousand  dollars  from  the  day  follow- 
ing each  biennial  election  to  the  day  of  the  ensuing  biennial 
election.  By  the  congressional  district  committee  of  any  politi- 
cal party  for  the  same  period,  a  sum  in  excess  of  ten  cents  per 
vote  multiplied  by  the  total  number  of  votes  cast  in  said  district 
in  the  last  preceding  presidential  election,  or  if  such  party  had 
no  candidate  in  such  election,  a  sum  in  excess  of  ten  thousand 
dollars.  By  the  county  committee  of  any  political  party  for 
the  same  period,  a  sum  in  excess  of  ten  cents  per  vote  multiplied 
by  the  total  number  of  votes  cast  in  said  county  in  the  last 
preceding  presidential  election,  or  if  such  party  had  no  candi- 
date in  such  election,  a  sum  in  excess  of  one  thousand  dollars. 
By  the  city,  town  or  other  electoral  district  political  committee 
of  any  political  party  in  the  same  period,  a  sum  in  excess  of 
fifteen  cents  per  vote  multiplied  by  the  total  number  of  votes 
cast  in  said  city,  town  or  other  electoral  district  in  the  last 
preceding  presidential  election,  or  if  such  party  had  no  candi- 
date in  such  election,  a  sum  in  excess  of  five  hundred  dollars 
in  a  city  or  other  political  subdivision  and  two  hundred  fifty 
dollars  in  a  town.  Sums  transmitted  to  the  national  committee 
of  any  political  party  or  any  of  its  divisions  shall  not  be  deemed 
an  expenditure  for  the  purposes  of  this  subsection.  The  collec- 
tion of  money  by  a  finance  committee  of  a  political  party, 
which  merely  collects  and  allocates  the  same  to  the  various 
political  committees  of  such  party,  without  itself  making  any 
expenditures  to  influence  an  election,  shall  not  be  subject  to 
separate  limit  or  reportable  separately  under  this  chapter; 
but  the  political  committee  or  committees  to  which  such  con- 
tributions are  allocated  shall  report  such  contributions  by 
name  and  address  of  each  contributor  in  making  their  indivi- 
dual reports  as  herein  elsewhere  provided,  and  the  sums 
allocated  to  and  accepted  by  each  shall  be  counted  toward  its 
legal  limit  hereunder. 


412  Chapter  273  [1955 

VI.  By  any  person,  candidate  or  political  committee, 
for  political  advertising  in  a  newspaper,  periodical,  or  on  a  radio 
or  television  broadcast,  or  on  a  billboard,  if  at  a  rate  more  or 
less  than  the  applicable  rates  required  to  be  filed  with  the 
secretary  of  state. 

VII.  By  or  on  behalf  of  any  candidate,  political  com- 
mittee or  party  for  advertising  space  in  the  printed  programs 
for  meetings  or  conventions  of  business  organizations,  labor 
organizations,  agricultural  organizations,  veteran  organiza- 
tions, religious  organizations,  fraternal  organizations,  lodges, 
secret  societies,  clubs,  schools,  fairs,  or  similar  groups. 

Publication  of  Political  Contributions  and  Expenditures 

5.  State  Committees.  The  state  committee  of  a  political 
party  shall,  not  later  than  the  Wednesday  preceding  a  biennial 
or  special  election  before  the  close  of  the  business  day,  file  with 
the  secretary  of  state,  an  itemized  statement,  signed  and  sworn 
to  by  its  chairman  and  treasurer,  showing  each  of  its  receipts 
with  the  full  name  and  post-office  address  of  the  contributor 
and  the  amount  of  the  contribution,  and  each  of  its  expendi- 
tures or  contracts  calling  for  expenditures,  with  the  full  name 
and  address  of  persons,  corporations,  committees,  or  to  whom- 
ever paid  or  to  be  paid,  with  the  specific  nature  and  amount 
of  each  expenditure,  since  the  date  of  the  last  election ;  except, 
if  contributions  through  a  local  party  committee  or  disburse- 
ments to  a  local  party  committee  do  not  exceed  three  hundred 
dollars  per  committee,  no  detailed  accounting  of  the  further 
source  or  recipients  of  such  amounts  need  be  made.  Not  later 
than  the  second  Friday  after  said  election  before  the  close  of 
the  business  day  another  itemized  statement,  signed  and  sworn 
to  by  the  same  officers,  shall  be  likewise  filed.  Enough  addi- 
tional copies  of  the  statement  shall  be  filed  to  provide  a  copy 
for  the  state  committee  of  each  party  on  the  ballot,  which  they 
may  obtain  by  application  to  the  secretary  of  state. 

6.  Major  Candidates.  Each  candidate  at  the  primary  or 
election  for  governor,  presidential  elector.  United  States  sena- 
tor, representative  in  congress,  delegate-at-large  or  district 
delegate  to  a  national  party  convention,  and  the  fiscal  agent 
designated  by  the  nominators  of  any  candidacy  in  the  presi- 
dential preference  primary,  shall  file  statements  before  and 
after  an  election  in  like  manner  and  detail  of  each  receipt  and 


1955]  Chapter  273  413 

expenditure  covering  the  period  of  his  candidacy  or  election 
campaign,  including  expenditures,  contracts  therefor  and  used 
contributions  made  by  others  on  his  behalf  and  with  his  written 
consent  or  that  of  his  fiscal  agent;  excepting,  however,  the 
expenditures  of  political  committees  of  the  party  to  which  the 
candidate  belongs  in  elections  other  than  primaries. 

7.  Other  Candidates.  Each  candidate  at  the  primary  or 
election  for  councilor,  state  senator,  county  officer,  or  repre- 
sentative to  the  general  court,  and  candidates  for  alternate 
delegate-at-large  and  alternate  district  delegate  to  a  national 
party  convention,  who  has  expended  a  sum  in  excess  of  two 
hundred  dollars,  shall,  not  later  than  the  second  Friday  after 
said  primary  or  election  before  the  close  of  the  business  day, 
file  with  the  secretary  of  state,  and  with  the  town  or  city  clerk 
for  the  town  or  city  in  which  he  resides,  a  statement  in  like 
manner  and  detail  of  each  receipt  and  expenditure,  covering 
the  period  of  the  candidacy  or  election;  excepting,  however, 
the  expenditures  of  political  committees  of  the  party  to  which 
the  candidate  belongs  in  elections  other  than  primaries. 

8.  Political  Committees.  Each  other  political  committee 
at  the  primary  or  election,  which  has  expended  a  sum  in  excess 
of  two  hundred  dollars,  shall,  not  later  than  the  Wednesday 
preceding  an  election  before  the  close  of  the  business  day,  file 
with  the  secretary  of  state,  a  statement  in  like  manner  and 
detail  of  each  receipt  and  expenditure,  and,  not  later  than  the 
second  Friday  after  an  election  before  the  close  of  the  business 
day,  another  statement  in  like  manner  and  detail  of  each  receipt 
and  expenditure.  If  the  political  committee  is  organized  to 
support  a  candidate  in  any  election,  it  shall  first  secure  the 
written  consent  of  the  candidate  or  his  fiscal  agent,  before  it 
receives  or  spends  any  money  or  thing  of  value,  and  its  officers 
shall  file  such  written  consent  with  the  secretary  of  state 
immediately ;  but  this  limitation  shall  not  apply  to  the  political 
committee  of  the  party  to  which  the  candidate  belongs  in 
elections  other  than  primaries. 

9.  Expenditures  Under  Two  Hundred  Dollars.  Each 
candidate  or  political  committee  which  does  not  spend  in  excess 
of  two  hundred  dollars  at  a  primary  or  election  shall,  not  later 
than  the  second  Friday  after  the  primary  or  election  before 
the  close  of  the  business  day,  file  with  the  secretary  of  state. 


414  Chapter  273  [1955 

and  with  the  town  or  city  clerk  for  the  town  or  city  in  which 
the  candidate  resides,  a  sworn  statement  that  receipts  and 
expenditures  have  not  exceeded  two  hundred  dollars. 

10.  Social  Activities.  Outings,  dinners  and  social  affairs 
conducted  by  political  committees,  clubs  and  others  at  which 
each  person  attending  pays  a  sum  approximating  closely  the 
cost  of  his  own  food,  sustenance  or  entertainment  shall  not, 
as  to  such  payments  and  disbursements  therefrom,  be  deemed 
reportable  or  limited  receipts  or  expenditures  under  this 
chapter. 

11.  Public  Inspection.  All  statements,  assents  and  regis- 
trations filed  by  state  committees,  candidates,  and  political 
committees  shall  be  open  to  public  inspection. 

Duties,  Advertising,  and  Complaints 

12.  Fiscal  Agent.  As  a  part  of  the  declaration  of  candi- 
dacies filed  by  candidates  for  governor.  United  States  senator, 
representative  in  congress,  councilor,  state  senator  and  county 
officer  and  other  primary  candidacies,  every  such  candidate 
shall  designate  some  person,  who  may  be  the  candidate  him- 
self, as  his  financial  agent  for  the  purpose  of  the  primary 
campaign,  or  if  his  candidacy  for  such  office  is  established  by 
a  primary  petition,  there  shall  be  annexed  to  the  petition  the 
name  of  the  fiscal  agent  for  such  candidate.  The  nominating 
petitions  of  presidential  preference  primary  candidates  for 
president  and  vice  president  shall  likewise  designate  thereon 
the  name  of  the  fiscal  agent  of  such  candidate.  All  sums  ex- 
pended or  contracted  for  payment  in  tlie  primary  campaign  in 
behalf  of  such  candidate  shall  be  reported  by  the  candidate 
and/or  his  political  committee  to  his  fiscal  agent,  and  the 
candidate  or  his  fiscal  agent  shall  make  or  approve  all  dis- 
bursements in  behalf  of  his  candidate  subsequent  to  his 
designation  as  fiscal  agent  and  join  with  the  candidate  in 
making  and  filing  the  statements  required  by  this  act. 

13.  Committee  Treasurer.  Each  political  committee  shall 
have  a  treasurer,  who  shall  be  a  citizen  of  this  state,  and  shall 
receive  and  pay  out  all  money  handled  by  the  committee.  If 
there  be  no  treasurer,  or  if  he  fails  to  make  a  report,  it  shall 
be  the  duty  of  each  member  of  said  committee  who  receives 
or  pays  out  any  money  in  behalf  of  said  committee  to  make 


1955]  Chapter  273  415 

such  a  report  or  to  cause  the  same  to  be  made.  No  member  of 
such  committee  shall  make  or  permit  any  unlawful  expenditure 
or  act  by  said  committee,  in  whole  or  in  part,  or  consent  thereto, 
or  aid,  abet  or  conspire  to  make  or  permit  the  same. 

14.  Political  Advertising.  All  political  advertising  or 
literature,  in  newspapers  or  other  periodicals,  on  radio  or 
television,  on  billboards,  window  cards,  circulars,  pamphlets, 
or  of  whatever  nature,  shall  be  signed  at  the  end  with  the 
names  and  addresses  of  the  candidate,  his  fiscal  agent,  or  the 
name  and  address  of  the  chairman  or  the  secretary  of  a 
political  committee,  or  the  name  and  address  of  a  voter,  accord- 
ing to  whether  a  candidate,  political  committee,  or  voter  is 
responsible  for  it.  Said  signature  thereto  shall  clearly  designate 
the  name  of  the  candidate,  party  or  political  committee  by  or 
on  whose  behalf  the  same  is  published  or  broadcast.  In  the 
case  of  printed  or  written  matter,  the  said  signature  and 
address  of  signer  shall  be  printed  or  written  in  a  size  of  type 
or  lettering  large  enough  to  be  clearly  legible, 

I.  Political  advertising  printed  in  newspapers,  periodi- 
cals or  billboards  shall  be  marked  at  the  beginning  thereof 
"Political  advertising."  Persons  or  corporations  operating  a 
radio  or  television  station  shall  broadcast  political  advertising 
only  after  announcing  it  as  such. 

II.  Rates  for  advertising  shall  be  filed  with  the  secre- 
tary of  state  by  each  person  or  corporation  publishing  a 
newspaper  or  periodical,  operating  a  radio  or  television  station, 
or  selling  billboard  space.  Such  schedule  shall  be  open  to  public 
inspection.  Such  schedules  may  be  amended  from  time  to  time 
but  at  no  time  shall  exceed  the  rate  or  rates  regularly  charged 
by  such  person  or  corporation  for  commercial  advertising  or 
for  similar  commercial  broadcasts  or  telecasts. 

III.  A  person  or  corporation  publishing  a  newspaper 
or  periodical  or  selling  billboard  space  or  operating  a  radio  or 
television  station  shall  not  publish,  print  or  broadcast  any 
political  advertising  by  or  on  behalf  of  a  candidate  in  a  political 
party  primary  unless  the  same  shall  be  signed  by  or  authorized 
in  writing  by  the  candidate  or  his  fiscal  agent. 

15.  Notice  to  Candidates.  The  secretary  of  state  shall 
give  or  send  by  mail  a  copy  of  this  chapter  to  each  person  who 
shall  file  a  declaration  of  candidacy  before  any  primary,  or  in 


416  Chapter  273  [1955 

behalf  of  whom  primary  petitions  or  a  primary  certificate  shall 
be  filed. 

16.  Complaints.  Any  person  voted  for  at  an  election  for 
any  office,  or  any  voter,  may  make  complaint  in  writing  to  the 
attorney  general  of  any  violation  of  any  of  the  provisions  of 
this  chapter. 

I.  Upon  receipt  of  such  complaint  it  shall  be  the  duty 
of  the  attorney  general,  or  through  his  assistants  or  county 
solicitors  or  some  other  representative,  to  investigate  the  com- 
plaint, and,  if  sufficient  cause  for  a  prosecution  is  found,  to 
prosecute  to  final  judgment. 

II.  If,  in  the  opinion  of  any  person  making  complaint, 
the  family,  business  or  political  connection  of  the  county  solici- 
tor of  the  county  in  which  the  offense  complained  of  was 
committed  is  such  as  to  make  it  unlikely  that  he  will  act 
diligently  and  earnestly  in  any  prosecution  therefor,  the  person 
complaining  may  state  such  facts  to  the  attorney  general. 

III.  If  the  attorney  general  believes  that  the  county 
solicitor  will  be  hampered  by  any  existing  facts  or  circum- 
stances, and  in  any  wise  prevented  from  vigorously  prosecuting 
any  respondent  complained  against  for  such  violation,  or  that 
the  service  of  more  than  one  attorney  in  any  prosecution  would 
be  in  the  interest  of  the  state,  he  shall  have  authority  to  employ 
and  assign,  to  conduct  or  assist  in  conducting  such  prosecution, 
a  county  solicitor  from  some  other  county,  or  to  employ  and 
assign  some  attorney  not  a  county  solicitor.  Such  county  solici- 
tor or  other  attorney  shall  be  allowed  reasonable  compensation, 
to  be  approved  by  the  governor  and  council  and  paid  by  the 
state  out  of  funds  not  otherwise  appropriated. 

IV.  It  shall  be  the  duty  of  the  attorney  general  to 
examine  the  returns  of  election  receipts  and  expenditures 
which  are  made  to  the  secretary  of  state  and  to  compel  such 
returns  be  made  to  comply  with  the  law.  In  the  exercise  of  his 
powers  and  duties  under  this  chapter,  the  attorney  general  is 
authorized  to  require  the  appearance  of  individuals  and 

to  secure  testimony  and  evidence  by  use  of  a  subpoena  duces 
tecum. 


Penalties 
17.     Proceedings  in  Supreme  Court.      Any  person  who 
^es  that  any  of  the  provisions  of  this  chapter  relating  to 


1955]  Chapter  274  417 

the  primary  has  been  violated  by  or  in  behalf  of  a  candidate 
with  his  knowledge  and  consent,  may,  not  later  than  the  second 
Tuesday  following  said  primary,  bring  a  proceeding  in  equity 
in  the  supreme  court  against  the  candidate  alleged  to  have 
violated  said  provisions  in  such  manner.  To  this  proceeding  the 
secretary  of  state  shall  be  made  a  party  defendant.  The 
supreme  court  shall  forthwith  hear  such  proceeding  and  make 
final  decision  thereof,  and  if  the  court  shall  find  that  the  de- 
fendant has  thus  violated  any  of  such  provisions,  a  decree  shall 
be  entered  disqualifying  the  defendant  from  becoming  a  candi- 
date at  the  ensuing  election,  and  the  vacancy  thereby  created 
shall  be  filled  as  provided  by  law. 

18.  Prohibition.  No  candidate  shall  be  entitled  to  the 
nomination  or  election  until  the  sworn  itemized  statements  re- 
quired to  be  filed  by  him  or  in  his  behalf  have  been  filed  as 
hereinbefore  required. 

19.  Penalty.  Any  person  who  violates  any  provision  of 
this  chapter  shall  be  fined  not  more  than  one  thousand  dollars 
nor  less  than  one  hundred  dollars,  or  imprisoned  not  less  than 
thirty  days  nor  more  than  six  months,  or  both. 

2.    Takes    Effect.    This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  22,  1955.] 


CHAPTER  274. 


AN  ACT  MAKING  TEMPORARY  APPROPRIATIONS  FOR  THE  EXPENSES 
OF  THE  STATE  OF  NEW  HAMPSHIRE  FOR  THE  MONTH 

OF  August,  1955. 

Whereas,  the  legislature  has  not  yet  adopted  a  budget  for 
the  coming  biennium ;  and 

Whereas,  action  as  this  time  is  necessary  to  carry  on  the 
functions  of  the  state  government  after  the  close  of  the  fiscal 
year  1955,  and  prior  to  the  passage  of  the  said  budget  acts, 
now  therefore 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Appropriation.     There  is  hereby  appropriated  for  the 


418  Chapter  275  [1955 

general  expenses  of  the  state  government  during  the  month 
of  August,  1955  the  sum  of  four  milhon  five  hundred  fifteen 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to 
be  expended  in  the  manner  hereinafter  provided,  that  is  to  say 
one  million  seven  hundred  fifty  thousand  dollars  from  general 
funds;  four  hundred  thousand  dollars  from  special  funds; 
ninety  thousand  dollars  from  fish  and  game  funds  and  two 
million  two  hundred  seventy-five  thousand  dollars  from  high- 
way funds.  The  governor  is  authorized  by  and  with  the  advice 
and  consent  of  the  council  to  draw  his  warrants  for  the  sums 
necessary  for  said  temporary  appropriations  out  of  any  money 
in  the  treasury  not  otherwise  appropriated  or,  in  the  case  of 
special  funds,  out  of  any  such  special  funds.  Such  expenditures 
shall  be  a  charge  upon  the  respective  appropriations  to  be  made 
subsequently  by  the  legislature  for  the  fiscal  year  ending  June 
30,  1956. 

2.  Provisions  of  Law.  The  provisions  of  chapter  22  of  the 
Revised  Laws  and  the  provisions  of  any  other  statute  incon- 
sistent herewith  are  hereby  suspended  to  the  extent  of  such 
inconsistencies  during  the  time  this  act  is  in  effect. 

3.  Takes  Effect.  This  act  shall  take  effect  as  of  August  1, 
1955,  and  shall  continue  in  effect  until  September  1,  1955  unless 
the  appropriation  acts  for  the  ensuing  biennium  are  sooner 
enacted  in  which  event  the  appropriations  herein  provided  shall 
thereupon  lapse. 

[Approved  July  28,  1955.] 


CHAPTER  275. 

AN  ACT  TO  CONTROL  MOTOR  VEHICLE  AND  MACHINERY  JUNK 
YARDS  AND  PUBLIC  DUMPS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Junk  Yards;  Dumps.     Amend  sections  22,  23  and  24  of 

chapter  165  of  the  Revised  Laws  (sections  1,  2  and  3,  chap- 
ter 267,  RSA)  by  striking  out  said  sections  and  inserting  in 
place  thereof  the  following:  ,22.  Definitions,  (a)  The  term 
"motor-vehicle  junk  yard"  as  used  herein  shall  include  any 


1955]  Chapter  275  419 

business  and  any  place  of  storage  or  deposit,  whether  in 
connection  with  another  business  or  not,  which  has  stored  or 
deposited  two  or  more  unregistered  motor  vehicles  which  are 
no  longer  intended  or  in  condition  for  legal  use  on  the  public 
highways,  or  used  parts  of  motor  vehicles  or  old  iron,  metal, 
glass,  paper,  cordage,  or  other  waste  or  discarded  or  second- 
hand material  which  has  been  a  part,  or  intended  to  be  a  part, 
of  any  motor  vehicle,  the  sum  of  which  parts  or  material  shall 
be  equal  in  bulk  to  two  or  more  motor  vehicles.  Motor-vehicle 
junk  yard  shall  also  include  any  place  of  business  or  storage 
or  deposit  of  motor  vehicles  purchased  for  the  purpose  of  dis- 
mantling the  vehicles  for  parts  or  for  use  of  the  metal  for 
scrap  and  where  it  is  intended  to  burn  material  which  are 
parts  of  a  motor  vehicle  or  cut  up  the  parts  thereof,  (b)  The 
term  "machinery  junk  yard"  as  used  herein  shall  mean  any 
yard  or  field  used  as  a  place  of  storage  in  which  there  is  dis- 
played to  the  public  view,  junk  machinery  or  scrap  metal  that, 
occupies  an  area  of  five  hundred  square  feet.  23.  Prohibition. 
No  person  shall  locate  or  maintain  a  mo  tor- vehicle  junk  yard 
or  machinery  junk  yard  within  a  distance  of  one  hundred  fifty 
feet  from  the  surface  of  any  public  highway  unless  the  yard 
is  fenced  or  screened  so  as  to  be  completely  hidden  from  view 
from  the  highway.  24.  Nuisance.  Any  motor-vehicle  junk 
yard  or  machinery  junk  yard  located  or  maintained  in  violation 
of  the  provisions  of  this  subdivision  is  hereby  declared  a 
nuisance,  and  the  same  may  be  abated  on  complaint  of  any 
prosecuting  officer. 

2.  Required  Facilities.  Amend  section  26  of  chapter  165 
of  the  Revised  Laws  as  inserted  by  section  1,  chapter  133  of 
the  Laws  of  1949  (section  23,  chapter  147,  RSA)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
26.  Public  Dumping  Facilities  Required.  Each  town  or  city 
shall  provide  and  maintain  public  dumping  facilities  for  the 
depositing  of  garbage  and  refuse,  except  as  exempt  under 
section  26-a.  Any  such  facilities  shall  be  accessible  to  the  public 
at  least  one  day  each  week  and  on  such  days  and  at  such  hours 
as  the  selectmen,  board  of  health  or  corresponding  public  officer 
may  determine. 

3.  Exiemptions.  Amend  chapter  165  of  the  Revised  Laws 
as  inserted  by  chapter  133,  Laws  of  1949  (chapter  147,  RSA) 


420  Chapter  275  [1955 

by  inserting  after  section  26  the  following  new  section :  26-a. 
Towns  Exempt.  Upon  written  request  from  the  selectmen  or 
corresponding  public  officer,  the  state  board  of  health  may 
exempt  a  town  from  the  requirements  of  the  previous  section. 
When  considering  the  request  for  such  an  exemption  the  board 
shall  consider  the  need  of  such  facilities  in  light  of  the  town's 
density  of  population  and  whether  or  not  the  town  has  arranged 
to  share  public  dumping  facilities  with  a  neighboring  town. 

4.  State  Board  of  Health.  Amend  section  28  of  chapter  165 
of  the  Revised  Laws  as  inserted  by  chapter  133  of  the  Laws 
of  1949  (section  25,  chapter  147,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following  new  sec- 
tion: 28.  Approval  Required.  Before  any  public  or  private 
premises  within  the  limits  of  a  town  shall  be  utilized  for  public 
dumping,  the  selectmen,  board  of  health  or  corresponding 
public  officer,  shall  have  received  written  approval  from  the 
state  board  of  health.  Such  approval  shall  not  be  required  in 
those  instances  where  only  non-combustible  refuse  is  employed 
to  fill  or  grade  land.  No  person  shall  poison  a  public  dump  for 
the  purpose  of  rodent  eradication  unless  granted  permission 
by  the  selectmen,  board  of  public  health  or  corresponding 
public  officer. 

5.  Regulations.  Amend  section  31  of  chapter  165  of  the 
Revised  Laws  as  inserted  by  chapter  133  of  the  Laws  of  1949 
(section  28,  chapter  147,  RSA)  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  31.  Control 
Measures.  The  state  board  of  health  shall  be  empowered  to 
adopt  control  measures  in  the  form  of  regulations  relating  to 
public  dumping  facilities.  Such  regulations  may  include  matters 
pertaining  to  fire  hazards,  pollution  of  streams  and  bodies  of 
water,  nearness  to  primary  or  secondary  state  highways  and 
health.  A  reasonable  period  of  time  shall  be  allowed  towns  for 
compliance. 

6.  Covering  or  Incineration.  Amend  section  29  of  chap- 
ter 165  of  the  Revised  Laws  as  inserted  by  chapter  133  of  the 
Laws  of  1949  (section  26,  chapter  147,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following  new 
section:  29.  Maintenance.  A  town  which  maintains  or  any 
person  who  permits  the  use  of  any  land  for  public  dumping 
shall  provide  for  the  proper  covering  or  incineration  of  all 


1955]  Chapter  276  421 

animal  and  vegetable  matter  deposited  thereon,  and  the  deposi- 
tion of  other  waste  materials  and  rubbish  in  such  a  manner 
as  not  to  create  a  nuisance.  Incineration  of  such  waste  shall 
be  carried  out  in  accordance  with  existing  forest  fire  laws. 

7.  Authority  Granted.  Amend  section  30  of  chapter  165 
of  the  Revised  Laws  as  inserted  by  chapter  133  of  the  Laws 
of  1949  (section  27,  chapter  147,  RSA)  by  striking  out  the 
same  and  inserting  in  place  thereof  the  following  new  section  : 
30.  Closure.  Upon  complaint,  or  on  its  own  motion,  the  state 
board  of  health  may  close  any  public  dumping  area  after  duly 
notifying  the  selectmen  or  board  of  health  as  to  its  reason. 
The  state  forester  upon  advice  of  the  town  forest  fire  warden 
that  a  high  hazard  exists  may  order  the  dumping  area  closed 
until  the  hazard  is  remedied. 

8.  Emergency  Health  or  Fire  Hazard.  Amend  chapter  165 
of  the  Revised  Laws  (chapter  147,  RSA)  by  inserting  after 
section  30  the  following  new  section:  30'-a.  Obligation  of 
Towns.  When  in  the  opinion  of  the  state  board  of  health  or 
the  state  forester  an  emergency  exists  requiring  remedial 
measures  to  eliminate  a  serious  health  or  fire  hazard  the  gov- 
ernor and  council  may  order  such  town  to  carry  out  under  the 
direction  of  the  state  board  of  health  or  state  forester  the 
control  measures  so  specified.  If  such  order  is  not  complied 
with  within  the  time  limit,  the  state  board  of  health,  the 
state  forester  or  their  authorized  agents  may  take  necessary 
measures  to  remove  or  eliminate  the  hazard  within  a  town  and 
charge  the  expenses  to  the  town. 

9.  Takes  Effect.  This  act  shall  take  effect  November  first, 
1955. 

[Approved  August  1,  1955.] 


CHAPTER  276. 

AN  ACT  PROVIDING  FOR  LIENS  IN  FAVOR  OF  HOSPITALS. 

Be  it  enacted  by  the  Senate  a/nd  House  of  Representatives  in 
General  Court  convened: 

1.     Entitled  to  Lien.     Every  individual,  partnership,  firm, 
association,  corporation,  institution  or  any  governmental  unit 


422  Chapter  276  [1955 

or  combination  or  parts  thereof  maintaining  and  operating  a 
hospital  licensed  in  the  state  of  New  Hampshire,  which  shall 
furnish  medical  or  other  service  to  any  patient  injured  by 
reason  of  an  accident  not  covered  by  the  workmen's  compensa- 
tion act,  shall,  if  such  injured  patient  shall  assert  or  maintain 
a  claim  against  another  for  damages  on  account  of  such  in- 
juries, have  a  lien  upon  that  part  going  or  belonging  to  such 
patient,  or  to  the  person  responsible  for  the  payment  of  such 
patient's  bills,  of  any  recovery  or  sum  had  or  collected  or  to 
be  collected  by  such  patient  or  by  the  person  responsible  for 
the  payment  of  such  patient's  bills,  or  by  his  heirs  or  personal 
representatives  in  the  case  of  his  death,  whether  by  judgment 
or  by  settlement  or  compromise  to  the  amount  of  the  reason- 
able and  necessary  charges  of  such  hospital  for  the  treatment, 
care  and  maintenance  of  such  patient  in  such  hospital  up  to 
the  date  of  payment  of  such  damages.  The  provisions  of  this 
act  shall  not  be  applicable  to  accidents  and  injuries  within  the 
purview  of  the  workmen's  compensation  law. 

2.  Notice  of  Lien.  No  such  lien  shall  be  effective  unless  a 
written  notice  containing  the  name  and  address  of  the  injured 
person,  the  date  of  the  accident,  the  name  and  location  of  the 
hospital,  and  the  name  of  the  person  or  persons,  firm  or  firms, 
corporation  or  corporations  alleged  to  be  liable  to  the  injured 
party  for  the  injuries  received,  shall  be  filed  with  the  clerk 
of  the  town  or  city  in  which  such  hospital  is  located  not  later 
than  ten  days  after  the  patient  has  been  discharged  from  the 
hospital  and  prior  to  the  payment  of  any  moneys  to  such  in- 
jured person,  his  attorneys  or  legal  representatives  as  com- 
pensation for  such  injuries ;  nor  unless  the  hospital  shall  mail, 
registered  mail,  return  receipt  requested,  a  copy  of  such  notice 
with  a  statement  of  the  date  of  filing  thereof  to  (1)  the  person 
or  persons,  firm  or  firms,  corporation  or  corporations,  alleged 
to  be  liable  to  the  injured  patient  for  the  injuries  sustained 
prior  to  the  payment  of  any  moneys  to  such  injured  person, 
his  attorneys  or  legal  representatives,  as  compensation  for 
such  injuries  and  (2)  to  any  insurance  carrier  which  has  in- 
sured such  person,  firm  or  corporation  against  such  liability. 
The  person  or  persons,  firm  or  firms,  corporation  or  corpora- 
tions alleged  to  be  liable  to  the  injured  patient  shall  upon 
request  of  the  hospital  disclose  the  name  of  his  or  its  insurance 


1955]  Chapter  276  423 

carrier  which  has  insured  such  person,  firm  or  corporation 
against  such  liability. 

3.  Duration  of  Lien.  Any  person  or  persons,  firm  or  firms, 
corporation  or  corporations,  including  an  insurance  carrier, 
making  any  payment  to  such  patient  or  to  his  attorneys  or 
heirs  or  legal  representatives,  or  to  any  other  person  as  com- 
pensation for  the  injury  sustained,  after  the  filing  and  receipt 
of  such  notice  without  paying  to  such  hospital  the  amount  of 
its  lien  or  so  much  thereof  as  can  be  satisfied  out  of  the  moneys 
due  under  any  final  judgment  or  compromise  or  settlement 
agi'eement  after  paying  the  amount  of  any  prior  liens,  shall 
for  a  period  of  one  year  from  the  date  of  payment  to  such 
patient  or  his  heirs,  attorneys  or  legal  representatives,  or  other 
person,  as  aforesaid,  be  and  remain  liable  to  such  hospital  for 
the  amount  which  such  hospital  was  entitled  to  receive  as 
aforesaid;  and  any  such  association,  corporation  or  other  in- 
stitution maintaining  such  hospital  may,  within  such  period, 
enforce  its  lien  by  a  suit  at  law  against  such  person  or  persons, 
firm  or  firms,  corporation  or  corporations  making  any  such 
payment. 

4.  Index  of  Liens.  Every  town  or  city  clerk  shall,  at  the 
expense  of  the  town  or  city,  provide  a  book  or  card  filing  system 
to  be  called  the  hospital  lien  docket  in  which,  upon  the  filing 
of  any  lien  claim  under  the  provisions  of  this  act,  he  shall 
enter  the  name  of  the  injured  person,  the  name  of  the  person, 
firm  or  corporation  alleged  to  be  liable  for  the  injuries,  the 
date  of  the  accident  and  the  name  of  the  hospital  or  other 
institution  making  the  claim.  Said  clerk  shall  make  a  proper 
index  of  the  same  in  the  name  of  the  injured  person  and  such 
clerk  shall  be  entitled  to  be  paid  a  fee  of  fifty  cents  by  the 
lien  claimant  for  such  filing. 

5.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  1,  1955.] 


424  Chapter  277  [1955 

CHAPTER  277. 

an  act  relative  to  the  sale  of  horned  pout  for  resale,  to 

fish  and  game  licenses  and  to  fishing  in  upper 

Connecticut  River. 

Be  it  enacted'  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Horned  Pout.  Amend  chapter  246  of  the  Revised  Laws 
(chapter  212,  RSA)  by  inserting  after  section  25-b,  as  inserted 
by  section  2,  chapter  33,  Laws  of  1955,  the  following  new  sec- 
tion :  25-c.  Sale  of.  Horned  pout  raised  by  any  such  licensee 
may  be  possessed,  bought  and  sold  for  use  as  food,  provided, 
however,  that  there  shall  be  attached  to  each  horned  pout  so 
possessed,  bought  or  sold  a  special  tag  provided  by  the  director 
which  tag  shall  remain  attached  to  the  horned  pout  until  im- 
mediately prior  to  cooking. 

2.  Licenses.  Amend  section  5  of  chapter  247  of  the 
Revised  Laws  (section  8,  chapter  214,  RSA)  by  striking  out 
in  the  first  line  the  words,  "The  state  treasurer  shall  supply 
the  director  with"  and  inserting  in  place  thereof  the  words, 
The  director  shall  prepare,  so  that  said  section  as  amended 
shall  read  as  follows:  5.  Form.  The  director  shall  prepare 
books  containing  consecutively  numbered  licenses  in  triplicate. 
Such  license,  when  issued  to  the  licensee,  shall  bear  the  date  of 
issuance,  and  shall  contain  the  name,  age,  color  of  hair  and 
eyes  and  residence  of  the  licensee  and  such  other  information 
as  may  be  requested  by  the  director.  Such  license,  to  be  valid, 
must  be  countersigned  by  the  licensee. 

3.  Accountability.  Amend  section  8  of  chapter  247  of 
the  Revised  Laws  (section  16,  chapter  214,  RSA)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
8.  Unused  Blanks.  Agents  shall  return  to  the  director,  within 
ten  days  after  the  close  of  the  current  year,  all  unused  license 
blanks.  The  director  and  agents  shall  be  held  responsible  to 
the  state  for  the  full  face  value  of  all  license  blanks  for  which 
they  are  chargeable  until  settlement  has  been  made  as  above 
provided.  Accounts  of  the  director  and  agents  shall  be  post 
audited  annually  as  provided  in  section  12-a  of  chapter  23A 
of  the  Revised  Laws  as  amended  by  chapter  121,  Laws  of  1953. 


1955]  Chapter  278  425 

4.  Upper  Connecticut  River.  Amend  section  1  of  chapter 
177  of  the  Laws  of  1953  (section  3,  chapter  211,  RSA)  by 
striking  out  the  words  "the  use  of  spinning  rods  and  reels  are 
hereby  prohibited"  so  that  said  section  as  amended  shall  read 
as  follows:  1.  Upper  Connecticut  River.  Notwithstanding 
regulations  made  by  the  director  of  fish  and  game,  upper  Con- 
necticut river  between  Murphy  dam  and  the  highway  bridge 
between  Stratford  and  Maidstone  shall  be  closed  to  all  fishing 
except  bait  and  fly  fishing. 

5.  Waters  open  to  Fly  Fishing  Only.  Amend  section  1  of 
chapter  241  of  the  Revised  Laws,  as  amended  by  chapter  9, 
Laws  of  1949  (section  1,  chapter  207,  RSA)  by  striking  out 
the  definition  of  Fly  and  inserting  in  place  thereof  the  follow- 
ing: Fly:  A  hook  dressed  with  feathers,  hair,  thread,  tinsel 
or  any  similar  material  to  which  no  spinner,  spoon  or  similar 
device  is  added.  In  waters  open  to  fly  fishing  only  the  use  of 
a  weight  of  any  kind  on  the  line  in  addition  to  the  dressing 
on  the  hook  is  prohibited. 

6.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  1,  1955.] 


CHAPTER  278. 


an  act  to  provide  for  cumulative  pocket  supplements  to 
Revised  Statutes  Annotated. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Cumulative  Pocket  Supplements.  The  secretary  of  state, 
with  the  approval  of  the  attorney  general,  is  authorized  and 
directed  to  contract  in  the  name  of  the  state  of  New  Hampshire 
for  the  preparation,  publication  and  distribution  of  cumulative 
pocket  supplements  to  the  Revised  Statutes  Annotated.  Such 
supplements  shall  be  arranged  according  to  the  general  scheme 
and  plan  of  the  Revised  Statutes  Annotated,  shall  be  annotated 
and  may  contain  such  indexes,  cross  references,  annotation 
references,  notes,  disposal  tables,  and  other  research  aids  as 
the  secretary  of  state,  with  the  approval  of  the  attorney 


426  Chapter  279  [1955 

general,  deems  practicable.  Such  supplements  shall  contain  the 
statutes  of  a  public  and  general  nature  passed  at  the  1955 
session  of  the  general  court,  excluding  house  bill  75,  and  the 
contract  may  provide  for  subsequent  cumulative  pocket  supple- 
ments for  the  next  two  regular  sessions  of  the  general  court 
and  any  special  sessions  thereof  prior  thereto. 

2.  Appropriation.  The  sum  of  nine  thousand  dollars  is 
hereby  appropriated  for  the  purposes  of  this  act.  To  the  extent 
it  may  be  necessary  the  balance  of  the  appropriation,  if  any, 
authorized  by  chapter  221  of  the  Laws  of  1953  also  may  be 
used  for  the  purposes  of  this  act,  which  said  appropriation 
shall  not  lapse. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  1,  1955.] 


CHAPTER  279. 


AN  ACT  RELATIVE  TO  THE  SALARY  OF  THE  JUSTICE  OF  THE 
CLAREMONT  MUNICIPAL  COURT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Claremont  Municipal  Court.  Amend  paragraph  I  of  sec- 
tion 31  of  chapter  377,  Revised  Laws,  as  amended  by  chapter 
232,  Laws  of  1947,  chapters  73,  213,  239  and  251,  Laws  of  1953 
(paragraph  I,  section  7,  chapter  502,  RSA)  and  as  amended  by 
chapters  133  and  182,  Laws  of  1955,  by  striking  out  the  words 
"In  Claremont,  one  thousand  eight  hundred  dollars"  and  in- 
serting in  place  thereof  the  words.  In  Claremont,  two  thousand 
three  hundred  dollars,  so  that  said  paragraph  as  amended  shall 
read  as  follows :  I.  Salaries  of  Justices.  Salaries  of  justices 
of  municipal  courts  shall  be  paid  from  the  treasury  of  the  city 
or  town  in  which  such  courts  are  located,  may  be  paid  quarterly 
or  monthly,  and  shall  be  in  the  following  sums  per  annum: 

In  Manchester,  four  thousand  six  hundred  dollars; 

In  Nashua,  three  thousand  dollars; 

In  Concord,  three  thousand  five  hundred  dollars; 


1955]  Chapter  280  427 

In  Portsmouth,  two  thousand  five  hundred  dollars; 

In  Dover,  one  thousand  eight  hundred  dollars; 

In  Laconia,  one  thousand  eight  hundred  dollars; 

In  Keene,  two  thousand  five  hundred  dollars; 

In  Claremont,  two  thousand  three  hundred  dollars; 

In  Berlin,  twenty-two  hundred  dollars; 

In  Rochester,  one  thousand  two  hundred  dollars; 

In  Lebanon,  one  thousand  five  hundred  dollars; 

In  Newport,  nine  hundred  dollars; 

In  Derry,  nine  hundred  dollars; 

In  Franklin,  one  thousand  two  hundred  dollars; 

In  Exeter,  eight  hundred  dollars; 

In  Somersworth,  eight  hundred  dollars; 

In  Littleton,  eight  hundred  dollars; 

In  Milford,  six  hundred  dollars. 

2.    Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  1,  1955.] 


CHAPTER  280. 

AN  ACT  PROVIDING  FUNDS  FOR  HIGHWAY  IMPROVEMENT. 

Be  it  enacted  by  the  Senate  and  Hoiise  of  Representatives  in 
General  Court  convened: 

1.  Appropriation.  The  sum  of  two  million  five  hundred 
thousand  dollars  is  hereby  appropriated  for  the  construction, 
reconstruction  and  betterment  of  class  I,  class  II,  class  IV  and 
class  V  highways  and  also  to  supplement  the  regular  highway, 
income  for  all  authorized  highway  expenditures.  The  sum  so 
appropriated  shall  be  expended  under  the  direction  of  the  com- 
missioner of  public  works  and  highways.  Said  appropriation 
shall  be  a  continuing  appropriation  until  July  1,  1959,  and  shall 
not  lapse  prior  to  that  date. 

2.  Bond  Issue  Authorized.  In  order  to  obtain  funds  for 
the  payment  of  the  appropriation  authorized  by  section  1, 
hereof,  the  state  treasurer  is  hereby  authorized,  under  the 
direction  of  the  governor  and  council,  to  borrow  upon  the  credit 
of  the  state  a  sum  not  exceeding  two  million  five  hundred 


428  Chapter  281  [1955 

thousand  dollars  and  for  that  purpose  may  issue  bonds  or  notes 
in  the  name  and  on  behalf  of  the  state.  Such  bonds  shall  be 
deemed  a  pledge  of  the  faith  and  credit  of  the  state. 

3.  Forms;  Proceeds  of  Sale;  Accounts;  Short  Term  Notes. 

The  form  of  such  bonds  or  notes,  their  rate  of  interest,  the 
method  of  issuance  shall  be  in  accordance  with  sections  6,  7,  8 
of  chapter  83,  Laws  of  1951,  which  sections  are  made  applicable 
to  the  bond  issue  provided  for  herein. 

4.  Road  Toll.  The  road  tolls  as  specified  by  section  9, 
chapter  83,  Laws  of  1951,  shall  be  used  initially  to  pay  the 
interest  and  principal  due  on  any  bonds  and  notes  issued  under 
the  provisions  of  said  chapter  83,  or  under  any  previous  acts 
pertaining  to  highway  construction,  and  in  addition  thereto 
shall  be  used  to  pay  the  interest  and  principal  on  any  bonds  and 
notes  issued  under  the  authority  of  section  2  of  this  act.  Any 
remainder  of  said  road  tolls  after  meeting  said  charges  shall 
be  paid  into  the  highway  fund.  Nothing  herein  shall  be  con- 
strued as  affecting  or  changing  the  termination  of  the  supple- 
mental road  toll  of  one  cent  per  gallon  as  provided  by  section 
10  of  said  chapter  83. 

5.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  1,  1955.] 


CHAPTER  281. 


AN  ACT  TO  COORDINATE  DEVELOPMENT  AND  REGULATORY 

ACTIVITIES  RELATING  TO  THE  PEACEFUL  USES 

OF  ATOMIC  ENERGY. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Declaration  of  Policy.  I.  The  state  of  New  Hampshire 
endorses  the  action  of  the  Congress  of  the  United  States  in 
enacting  the  Atomic  Energy  Act  of  1954  to  institute  a  program 
to  encourage  the  widespread  participation  in  the  development 
and  utilization  of  atomic  energy  for  peaceful  purposes  to  the 
maximum  extent  consistent  with  the  common  defense  and 


1955]  Chapter  281  429 

security  and  with  the  health  and  safety  of  the  pubhc;  and 
therefore  declares  the  policy  of  the  state  to  be,  (1)  To  co- 
operate actively  in  the  program  thus  instituted;  and  (2)  To 
the  extent  that  the  regulation  of  special  nuclear  materials  and 
by-product  materials,  of  production  facilities  and  utilization 
facilities,  and  of  persons  operating  such  facilities  may  be 
within  the  jurisdiction  of  the  state,  to  provide  for  the  exercise 
of  the  state's  regulatory  authority  so  as  to  conform,  as  nearly 
as  may  be,  to  the  Atomic  Energy  Act  of  1954  and  regulations 
issued  thereunder,  to  the  end  that  there  may,  in  effect,  be  a 
single  harmonious  system  of  regulation  within  the  state. 

11.  The  state  of  New  Hampshire  recognizes  that  the  de- 
velopment of  industries  producing  or  utilizing  atomic  energy 
may  result  in  new  conditions  calling  for  changes  in  the  laws 
of  the  state  and  in  regulations  issued  thereunder  with  respect 
to  health  and  safety,  working  conditions,  workmen's  com- 
pensation, transportation,  pubhc  utilities,  life,  health,  accident, 
fire,  and  casualty  insurance,  the  conservation  of  natural  re- 
sources, including  wildlife,  and  the  protection  of  streams,  rivers 
and  airspace  from  pollution,  and  therefore  declares  the  policy 
of  the  state  to  be,  (1)  To  adapt  its  laws  and  regulations  to 
meet  the  new  conditions  in  ways  that  will  encourage  the 
healthy  development  of  industries  producing  or  utilizing  atomic 
energy  while  at  the  same  time  protecting  the  public  interest; 
and  (2)  To  initiate  continuing  studies  of  the  need  for  changes 
in  the  relevant  laws  and  regulations  of  the  state  by  the 
respective  departments  and  agencies  of  state  government  re- 
sponsible for  their  administration;  and  (3)  To  assure  the 
coordination  of  the  studies  thus  undertaken,  particularly  with 
other  atomic  industrial  development  activities  of  the  state  and 
with  the  development  and  regulatory  activities  of  other  states 
and  of  the  government  of  the  United  States, 

2.  United  States  Licenses  or  Permits  Required.  No  person 
shall  manufacture,  construct,  produce,  transfer,  acquire  or 
possess  any  special  nuclear  material,  by-product  material,  pro- 
duction facility,  or  utilization  facility  or  act  as  an  operator  of 
a  production  or  utilization  facility  wholly  within  this  state  un- 
less he  shall  have  first  obtained  a  license  or  permit  for  the 
activity  in  which  he  proposes  to  engage  from  the  United  States 
Atomic  Energy  Commission  if,  pursuant  to  the  Atomic  Energy 
Act  of  1954,  the  commission  requires  a  license  or  permit  to 


430  Chapter  281  [1955 

be  obtained  by  persons  proposing  to  engage  in  activities  of  the 
same  type  over  which  it  has  jurisdiction. 

3.     Conduct  of  Studies  Concerning  Changes  in  Laws  and 
Regulations  with  a  View  to  Atomic  Industrial  Development. 

Each  of  the  following  departments  and  agencies  of  the  state 
government  is  directed  to  initiate  and  to  pursue  continuing 
studies  as  to  the  need,  if  any,  for  changes  in  the  laws  and  regu- 
lations administered  by  it  that  would  arise  from  the  presenca 
within  the  state  of  special  nuclear  materials  and  by-product 
materials  and  from  the  operation  herein  of  production  or  utili- 
zation facilities,  and,  on  the  basis  of  such  studies,  to  make  such 
recommendations  for  the  enactment  of  laws  or  amendments 
to  laws  administered  by  it,  and  such  proposals  for  amendments 
to  the  regulations  issued  by  it,  as  may  appear  necessary  and 
appropriate. 

I.  The  department  of  health,  particularly  as  to  hazards, 
if  any,  to  the  public  health  and  safety. 

II.  The  department  of  labor,  particularly  as  to  hazardous 
working  conditions,  if  any,  the  time  and  character  of  proof 
of  claims  of  injuries  and  the  extent  of  the  compensation  allow- 
able therefor. 

III.  The  department  of  public  works  and  highways,  par- 
ticularly as  to  the  transportation  of  special  nuclear  materials 
and  by-product  materials  on  highways  of  the  state. 

IV.  The  public  utilities  commission,  particularly  as  to 
the  transportation  of  special  nuclear  materials  and  by-product 
materials  by  common  carriers  or  public  or  private  air  carriers 
not  in  interstate  commerce  and  as  to  the  participation  by  public 
utilities  subject  to  its  jurisdiction  in  projects  looking  to  the 
development  of  production  or  utilization  facilities  for  industrial 
or  commercial  use. 

V.  The  department  of  insurance,  particularly  as  to  the 
insurance  of  persons  and  property  from  hazards  to  life  and 
property  resulting  from  atomic  development. 

VI.  The  council  on  resources  and  development,  particu- 
larly as  to  the  hazards,  if  any,  to  the  natural  resources  of  the 
state,  including  wildlife,  and  as  to  the  protection,  if  necessary, 
of  rivers,  streams,  and  airspace  from  pollution. 

VII.  Such  other  departments  and  agencies  including  de- 
partments and  agencies  of  political  subdivisions  of  the  state 


1955]  Chapter  281  431 

as  the  governor  may  direct  and  for  the  purposes  specified  by 
him. 

4.    Coordination  of  Studies  and  Development  Activities.     I. 

The  governor  and  council  shall  appoint  the  head  of  one  of  the 
state  departments  concerned  as  adviser  to  the  governor  with 
respect  to  atomic  industrial  development  within  the  state;  as 
coordinator  of  the  development  and  regulatory  activities  of 
the  state  government  relating  to  the  industrial  and  commercial 
uses  of  atomic  energy;  and  as  deputy  of  the  governor  in 
matters  relating  to  atomic  energy,  including  participation  in 
the  activities  of  any  committee  formed  by  the  New  England 
states  to  represent  their  interest  in  such  matters  and  also 
cooperation  with  other  states  and  with  the  government  of  the 
United  States.  The  department  head  so  appointed  shall  have 
the  additional  title  of  Coordinator  of  Atomic  Development 
Activities. 

II.  The  coordinator  of  atomic  development  activities  shall 
have  the  duty  of  coordinating  the  studies,  recommendations, 
and  proposals  of  the  several  departments  and  agencies  of  the 
state  government  required  by  section  3  hereof  with  each  other 
and  also  with  the  programs  and  activities  of  the  department 
of  planning  and  development  of  the  state.  So  far  as  may  be 
practicable,  he  shall  coordinate  the  studies  conducted,  and  the 
recommendations  and  proposals  made,  in  this  state  with  like 
activities  in  the  New  England  and  other  states  and  with  the 
policies  and  regulations  of  the  United  States  Atomic  Energy 
Commission.  In  carrying  out  his  duties,  he  shall  proceed  in 
close  cooperation  with  the  department  of  planning  and  develop- 
ment. 

III.  The  several  departments  and  agencies  of  the  state 
government  which  are  directed  by  section  3  hereof  to  initiate 
and  pursue  continuing  studies  are  further  directed  to  keep  the 
coordinator  of  atomic  development  activities  fully  and  cur- 
rently informed  as  to  their  activities  relating  to  atomic  energy. 
No  regulation  or  amendment  to  a  regulation  applying  specific- 
ally to  an  atomic  energy  matter  shall  become  effective  until 
thirty  days  after  it  has  been  submitted  to  the  coordinator, 
unless,  upon  a  finding  of  emergency  need,  the  governor  by 
order  waives  all  or  any  part  of  this  thirty  day  period. 

IV.  The   coordinator   of   atomic   development   activities 


432  Chapter  281  [1955 

shall  keep  the  governor  and  council  and  the  several  interested 
departments  and  agencies  informed  as  to  private  and  public 
activities  affecting  atomic  industrial  development  and  shall 
enlist  their  cooperation  in  taking  action  to  further  such  de- 
velopment as  is  consistent  with  the  health,  safety  and  general 
welfare  of  this  state. 

5.  Injunction  Proceedings.  Whenever,  in  the  opinion  of 
the  attorney  general,  any  person  is  violating  or  is  about  to 
violate  section  2  of  this  act,  the  attorney  general  may  apply 
to  the  appropriate  court  for  an  order  enjoining  the  person 
from  engaging  or  continuing  to  engage  in  the  activity  violative 
of  this  act  and  upon  a  showing  that  such  person  has  engaged, 
or  is  about  to  engage  in  any  such  activity,  a  permanent  or 
temporary  injunction,  restraining  order,  or  other  order  may 
be  granted. 

6.  Funds  Provided.  There  is  hereby  appropriated  the  sum 
of  one  thousand  dollars  to  be  expended  under  the  direction  of 
the  coordinator  for  secretarial,  travel,  printing  and  other 
necessary  expenses  incurred  by  him  in  the  performance  of  his 
duties  hereunder.  The  governor  is  authorized  to  draw  his  war- 
rant for  said  sum  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

7.  Definitions.     As  used  in  this  act, 

I.  The  term  "atomic  energy"  means  all  forms  of  energy 
released  in  the  course  of  nuclear  fission  or  nuclear  transforma- 
tion. 

II.  The  term  "by-product  material"  means  any  radio- 
active materials  (except  special  nuclear  materials)  yielded  in 
or  made  radioactive  by  exposure  to  the  radiation  incident  tq 
the  process  of  producing  or  utilizing  special  nuclear  materials. 

III.  The  term  "production  facility"  means  (1)  any  equip- 
ment or  device  capable  of  the  production  of  special  nuclear 
material  in  such  quantity  as  to  be  of  significance  to  the  common 
defense  and  security,  or  in  such  manner  as  to  affect  the  health 
and  safety  of  the  public;  or  (2)  any  important  component  part 
especially  designed  for  such  equipment  or  device. 

IV.  The  term  "special  nuclear  material"  means  (1)  plu- 
tonium  and  uranium  enriched  in  the  isotope  233  or  in  the 
isotope  235,  and  any  other  material  which  the  governor  de- 


1955]  Chapter  282  433 

Clares  by  order  to  be  special  nuclear  material  after  the  United 
States  Atomic  Energy  Commission  has  determined  the  material 
to  be  such;  or  (2)  any  material  artificially  enriched  by  any 
of  the  foregoing. 

V.  The  term  "utilization  facility"  means  (1)  any  equip- 
ment or  device,  except  an  atomic  weapon,  capable  of  making 
use  of  special  nuclear  materials  in  such  quantity  as  to  be  of 
significance  to  the  common  defense  and  security,  or  in  such 
manner  as  to  affect  the  health  and  safety  of  the  public,  or 
peculiarly  adapted  for  making  use  of  atomic  energy  in  such 
quantity  as  to  be  of  significance  to  the  common  defense  and 
security,  or  in  such  manner  as  to  aflfect  the  health  and  safety 
of  the  pubHc;  or  (2)  any  important  component  part  especially 
designed  for  such  equipment  or  device. 

8.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  1,  1955.] 


CHAPTER  282. 


AN  ACT  RELATIVE  TO  PENALTIES  FOR  CERTAIN  MOTOR  VEHICLE 

VIOLATIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Revocation  of  Licenses.  Amend  section  16  of  chapter 
118  of  the  Revised  Laws  (section  19,  chapter  262,  RSA)  by 
striking  out  the  same  and  inserting  in  place  thereof  the  follow- 
ing: 16.  Intoxication.  Any  person  who  shall  be  convicted 
of  operating,  or  attempting  to  operate,  a  motor  vehicle  upon 
any  way  while  under  the  influence  of  intoxicating  liquor,  or 
any  narcotic  or  habit-producing  drug,  shall  be  imprisoned  for 
not  more  than  six  months  or  shall  be  fined  not  more  than  five 
hundred  dollars,  or  both;  his  license  shall  be  revoked  for  a 
period  of  sixty  days  and  at  the  discretion  of  the  court  for  a 
period  not  to  exceed  two  years.  Upon  a  second  conviction  he 
may  be  imprisoned  for  not  less  than  one  month  nor  more  than 
six  months,  and  fined  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars ;  his  license  shall  be  revoked  and 


434  Chapter  283  [1955 

he  shall  be  ineligible  for  a  license  for  the  next  three  calendar 
years. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  1,  1955.] 


CHAPTER  283. 

AN  ACT  RELATIVE  TO  DISABLED  VETERANS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Gene7'al  Court  convened: 

1.  Increase  in  Exemption.  Amend  section  29-f  of  chap- 
ter 73  of  the  Revised  Laws  as  inserted  by  chapter  240,  Laws 
of  1947  (section  35,  chapter  72,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  2'9-f. 
Total  Disability.  If  any  person,  qualified  as  defined  in  section 
29  of  this  chapter,  shall  be  totally  and  permanently  disabled 
from  service  connection  and  satisfactory  proof  of  such  service 
connection  is  furnished  to  the  assessors,  or  if  such  person  be 
a  double  amputee  or  paraplegic  as  a  result  of  service  connec- 
tion, he  or  his  wife  or  widow  shall  be  exempt  from  taxation 
on  real  or  personal  property  to  the  value  of  five  thousand 
dollars  under  the  conditions  set  forth  in  sections  29,  29-a,  29-b, 
and  29-c  of  this  chapter  in  so  far  as  the  same  are  applicable 
except  that  the  limitations  of  ownership  of  taxable  property 
in  this  state  shall  not  apply  to  persons  eligible  under  this  sec- 
tion ;  and  provided  further  that,  in  the  case  of  undivided  owner- 
ship, the  limit  of  exemption  shall  be  five  thousand  dollars  as 
regards  the  interest  of  such  entitled  persons  therein ;  and  pro- 
vided further  that  if  a  person,  qualified  as  defined  in  section  29 
of  this  chapter  who  is  a  double  amputee  or  paraplegic  as  the 
result  of  service  connection  and  owns  a  specially  adapted  home- 
stead which  has  been  acquired  with  the  assistance  of  veterans 
administration  he  shall  be  exempt  from  all  taxation  on  said 
homestead. 

2.     Takes  Effect.     This  act  shall  take  effect  April  1,  1956. 
[Approved  August  1,  1955.] 


1955]  Chapter  284  435 

CHAPTER  284. 

AN  ACT  RELATIVE  TO  REGISTRATION  AND  REREGISTRATION  OF 
PARTNERSHIPS. 

Be  it  enacted  by  the  Senate  and.  House  of  Representatives  in 
General  Court  convened: 

1.  Partnerships.  Amend  sections  1  to  10  of  chapter  186 
of  the  Revised  Laws,  as  amended  by  chapter  119,  Laws  of  1949, 
section  10,  chapter  265,  Laws  of  1949  and  chapter  59,  Laws 
of  1955  (sections  1  to  11,  inclusive,  chapter  349,  RSA)  by 
striking-  out  said  sections  and  inserting  in  place  thereof  the 
following : 

Registration 

1.  Registration.  Every  sole  proprietor  doing  business 
in  this  state  under  any  other  name  than  his  own,  and  every 
partnership,  corporation,  or  association  doing  business  in  this 
state  shall  register  the  trade  name  of  such  business  in  the 
manner  provided  in  sections  5  and  6.  The  provisions  of  this 
subdivision  shall  not  apply  to  corporations  organized  under 
chapters  272,  273,  and  274  of  the  Revised  Laws,  except  as  such 
corporations  may  be  doing  business  under  trade  names  other 
than  the  name  of  the  corporation;  and  the  provisions  hereof 
shall  not  apply  to  rating  organizations,  advisory  organizations, 
or  any  group,  association  or  other  organization  or  insurers 
which  engag-e  in  joint  underwriting  or  joint  reinsurance  which 
are  referred  to  in,  and  subject  to  the  provisions  of,  chapter 
329-A  of  the  Revised  Laws  as  inserted  by  chapter  235  of  the 
Laws  of  1947.  The  secretary  of  state  shall  decline  to  register 
any  trade  name  similar  or  likely  to  be  confused  with  or  mis- 
taken for  any  trade  name  title  or  identification  of  any  existing 
validly  registered  person,  proprietorship,  firm,  partnership, 
corporation  or  association  unless  such  existing  person, 
proprietorship,  firm,  partnership,  corporation  or  association 
assents  in  writing  to  the  adoption  of  such  similar  name. 

2.  Withdrawal  of  Partner;  Discontinuance  of  Business. 

Whenever  any  member  of  such  partnership  or  association  with- 
draws therefrom  the  remaining  members  of  such  partnership 
or  association  shall,  and  the  withdrawing  member  may,  within 
ten  days  thereof  file  in  the  office  of  the  secretary  of  state  a 


436  Chapter  284  [1955 

certificate  signed  and  sworn  to  by  the  remaining  members, 
setting  forth  the  fact  of  such  withdrawal,  together  with  the 
date  thereof.  If  any  person,  partnership  or  association  to  whom 
the  provisions  of  this  subdivision  apply  shall  cease  to  do  busi- 
ness a  certificate  setting  forth  such  fact  and  the  date  of  such 
discontinuance  shall  be  filed  with  the  said  secretary  within 
thirty  days  subsequent  thereto.  Such  certificate  shall  be  signed 
and  sworn  to  by  the  members  of  such  partnership  or  associa- 
tion, or  by  any  sole  proprietor,  or  by  his  or  their  executors  or 
administrators. 

3.  Evidence.  Until  the  certificate  of  the  person  with- 
drawing, or  that  of  the  remaining  members  of  the  partnership 
or  association,  is  filed,  such  failure  to  file  shall  be  prima  facie 
evidence  of  a  continuation  of  said  partnership  or  association. 

4.  Nonjoinder  as  Defendant.  No  action  commenced 
against  any  such  person,  partnership  or  association  or  any 
member  thereof,  upon  any  cause  of  action  growing  out  of  their 
affairs,  transactions  or  business,  shall  be  abated,  nor  shall  any 
attachment  made  upon  the  writ  in  such  action  be  affected,  by 
reason  of  the  nonjoinder  of  any  member  of  such  partnership 
or  association  or  individual,  who  has  not  been  included  in  such 
certificates. 

5.  Registration.  Every  person,  proprietorship,  partner- 
ship or  association  as  defined  in  section  1,  engaged  in  the 
conduct  of  any  business,  enterprise,  venture  or  activity  within 
the  state  of  New  Hampshire  under  a  trade  name,  firm  or  style 
shall,  subject  to  the  limitations  hereinafter  set  forth,  file  in 
the  office  of  the  secretary  of  state  a  certificate  signed  and 
sworn  to  by  such  person,  proprietorship  or  by  the  members  of 
such  partnership  or  association  stating  the  name  under  which 
the  business  is  to  be  conducted,  the  principal  place  of  said 
business,  and  a  brief  description  of  the  kind  of  business  to  be 
carried  on  with  the  names  and  addresses  of  the  principal 
parties  engaged  therein.  Said  registration  shall  further  state 
the  date  of  organization  of  said  business  and  any  limitation 
of  time  after  which  said  business  shall  be  no  longer  conducted. 

6.  Effect  of  Registration.  Registration  in  accordance 
with  the  requirements  of  the  preceding  section  and  the  reserva- 
tion of  the  name,  firm  or  style  thereby  accomplished  shall  be 


1955]  Chapter  284  437 

effective  upon  filing  and  continue  in  force  and  effect  upon  pay- 
ment of  the  requisite  fees  as  provided  in  section  7  for  a  period 
of  ten  years  after  said  date  of  filing  in  the  absence  of  earlier 
withdrawal  or  discontinuance,  notice  of  which  shall  be  given 
in  accordance  with  the  provisions  of  section  2. 

7.  Record;  Fees.  There  shall  be  paid  to  the  secretary 
of  state  for  filing  of  registration  and  issuance  of  certificate  of 
registration  a  fee  of  ten  dollars.  Upon  payment  of  said  fee  the 
secretary  of  state  shall  deliver  to  the  person  filing  and  register- 
ing such  trade  name  a  certificate  of  registration  under  his 
signature  and  state  seal  showing  the  name  and  address  of  the 
person  or  persons  claiming  ownership  of  the  trade  name,  the 
nature  of  the  business  thereby  reserved  and  described  and  a 
receipt  for  the  payment  of  said  fee.  The  fee  for  renewal  of 
any  registration  shall  be  ten  dollars.  The  fee  for  notice  of  dis- 
continuance or  withdrawal  shall  be  two  dollars.  The  secretary 
shall  keep  a  suitable  file  or  record  of  all  such  certificates.  He 
shall  prepare  blanks  for  such  certificates,  and  shall,  upon 
request,  furnish  such  blanks  to  persons,  partnerships,  or  asso- 
ciations. 

8.  Reregistration.  Every  person,  proprietorship,  partner- 
ship or  association  registered  in  accordance  with  the  require- 
ments of  this  subdivision  shall  be  required  to  reregister  at 
the  time  of  the  expiration  of  the  ten-year  period  set  forth  in 
section  6.  The  secretary  of  state  shall,  at  least  six  months 
prior  to  the  expiration  of  the  term  of  registration,  forward 
notice  of  the  requirement  of  renewal  together  with  a  proper 
form  for  such  renewal.  In  the  event  the  renewal  is  not  filed 
within  the  requisite  time  a  notice  of  default  shall  be  mailed  by 
the  secretary  of  state  and  unless  within  thirty  days  thereafter 
said  registration  is  renewed  the  same  shall  be  discontinued 
and  the  name  thereby  abandoned  and  free.  The  secretary  of 
state  shall  cancel  from  his  register  all  registrations  more  than, 
ten  years  old  and  not  renewed  in  accordance  with  the  provisions 
of  this  section.  Upon  the  passage  of  this  act  the  secretary  of 
state  shall  notify  all  businesses  registered  under  trade  names 
of  the  provisions  hereof.  All  registrations  more  than  ten  years 
old  on  the  date  of  the  passage  of  this  act  may  be  renewed 
within  a  period  of  one  year  after  the  passage  of  this  act  other- 
wise the  same  shall  be  discontinued  and  the  name  abandoned 
and  free.  All  other  registrations  shall  be  subject  to  the  thirty 


438  Chapter  284  [1955 

day  renewal  provisions  hereinbefore  set  forth  at  the  expiration 
of  ten  years  from  the  original  registration. 

9.  Penalty.  Whoever  fails  to  comply  with  the  provisions 
of  the  preceding  sections  of  this  subdivision  shall  be  fined  not 
more  than  one  hundred  dollars. 

10.  Fraudulent  Registration;  Civil  Rights.  Any  person 
who  shall  for  himself,  or  on  behalf  of  any  other  person,  procure 
the  filing  and  registration  of  any  trade  name  in  the  office  of 
the  secretary  of  state,  under  the  provisions  hereof,  by  making 
any  false  or  fraudulent  representations  or  declarations,  ver- 
bally, or  in  writing,  or  by  any  fraudulent  means,  shall  be  liable 
to  pay  all  damages  sustained  in  consequence  of  any  such  filing, 
to  be  recovered  by  or  on  behalf  of  the  party  injured  thereby,  in 
any  court  having  jurisdiction,  and  shall  be  fined  not  exceeding 
five  hundred  dollars  or  imprisoned  not  exceeding  one  year  or 
both.  Any  person,  proprietorship,  partnership  or  association 
who  has  adopted  and  registered  a  trade  name  as  aforesaid  may 
proceed  by  suit  to  enjoin  the  use,  display,  or  interference  of  any 
other  firm,  person,  proprietorship  or  association  making  use 
thereof,  and  all  courts  of  competent  jurisdiction  may  grant 
injunctions  to  restrain  such  interference,  use,  display,  or 
activity,  as  may  be  by  the  said  court  deemed  just  and  reason- 
able, and  may  require  the  defendants  to  pay  to  such  person 
all  profits  derived  from  such  wrongful  interference,  use,  dis- 
play or  activity;  and  such  court  may  also  order  that  any  such 
counterfeits  or  imitations  in  the  possession  or  under  the  control 
of  any  defendant  in  such  case,  be  delivered  to  an  officer  of  the 
court,  or  to  the  complainant,  to  be  destroyed. 

10-a.  Prior  Rights.  Nothing  herein  shall  adversely  affect 
the  rights  or  the  enforcement  of  rights  in  trade  names  acquired 
in  good  faith  at  any  time  at  common  law, 

2.  Appropriation.  The  sum  of  three  thousand  five  hundred 
dollars  for  the  fiscal  year  ending  June  30,  1956,  and  a  like  sum 
for  the  fiscal  year  ending  June  30,  1957,  are  hereby  appro- 
priated for  the  office  of  the  secretary  of  state  to  be  expended 
for  additional  personal  services  and  current  expenses  neces- 
sitated because  of  amendments  to  corporation  law  and  registra- 
tion of  partnerships.  The  sums  hereby  appropriated  shall  be  a* 
charge  upon  the  general  funds. 

3.  Takes  Effect.     This  act  shall  take  effect  July  1,  1955. 
[Approved  August  1,  1955.] 


1955]  Chapter  285  439 

CHAPTER  285 

an  act  relative  to  the  distribution  of  copies  of  the  revised 

Statutes  Annotated  to  members  of  the 

general  court. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Revised  Statutes  Annotated;  Special  Edition.  The  secre- 
tary of  state  is  hereby  directed  to  obtain  from  the  printers 
one  thousand  and  fifty  copies  of  the  Revised  Statutes 
Annotated  and  to  have  the  same  bound  with  material  less 
expensive  than  the  binding  of  the  so-called  official  bound  copies 
provided  for  by  chapter  231,  Laws  of  1955.  The  secretary  of 
state  shall  make  the  following  distribution  of  the  special 
edition  of  RSA  free  of  charge  except  as  hereinafter  provided : 
I.  One  copy  of  said  special  edition  to  each  member  of  the 
general  court  who  shall  make  application  in  writing,  accom- 
panied by  a  fee  of  five  dollars,  to  the  secretary  of  state  therefor 
on  or  before  September  1,  1955,  provided  that  if  said  member 
shall  desire  the  official  bound  copy  he  may  have  the  same 
instead  of  the  special  edition  upon  payment  of  the  difference 
in  cost  between  the  two  editions.  II.  One  copy  of  said  special 
edition  to  any  department  of  the  state,  except  the  secretary 
of  state,  the  state  treasurer,  the  comptroller  and  the  attorney 
general,  who  may  request  the  same.  III.  A  sufficient  number 
of  copies  to  the  state  library  for  distribution  to  public  libraries 
meeting  the  requirements  established  by  the  state  library 
commission.  IV.  One  copy  to  each  duly  constituted  municipal 
court.  V.  One  copy  to  each  town  clerk  for  the  use  of  the 
town.  VI.  Any  copies  of  the  special  edition  which  remain 
after  the  distribution  hereby  authorized  shall  remain  in  the 
hands  of  the  secretary  of  state  to  be  distributed  upon  payment 
of  such  price  as  shall  be  determined  by  the  governor  and 
council. 

2.  Appropriation.  There  is  hereby  appropriated  the  sum 
of  eighteen  thousand  dollars  or  so  much  of  said  sum  as  may 
be  necessary,  to  be  expended  by  the  secretary  of  state  for  the 
purchase  and  binding  of  the  special  edition  of  Revised  Statutes 
Annotated  as  provided  in  section  1.  The  governor  is  authorized 
to  draw  his  warrant  for  said  sum  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 


440  Chapter  286  [1955 

3.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  1,  1955.] 


CHAPTER  286. 

an  act  to  provide  recognition  of  the  v^ar  service  of 

residents  of  this  state  who  served  in  the  armed 

forces  of  the  united  states  during  the 

Korean  conflict. 

Be  it  enacted  by  the  Senate  and  Hotise  of  Representatives  in 
General  Court  convened: 

1.  Qualification  for  Bonus.  Each  person,  man  or  woman, 
who  actively  served  for  a  total  period  of  ninety  days  or  more 
in  any  capacity  as  a  member  of  the  armed  forces  of  the  United 
States  from  June  25,  1950,  to  July  27,  1953,  who  is  discharged, 
released  or  has  a  certificate  of  service  therefrom  under  condi- 
tions other  than  dishonorable  and  who  at  the  time  he  entered 
such  active  military  service  was  a  bona  fide  resident  of  this 
state,  shall  be  entitled  to  the  benefits  provided  hereunder. 

2.  Definition.  The  term  "armed  forces  of  the  United 
States"  as  used  herein  shall  mean  the  army,  navy,  air  force, 
marine  corps,  coast  guard,  and  any  woman's  auxiliary  services 
to  such  forces,  the  members  of  which  are  subject  to  and  under 
military  law. 

3.  Roster.  The  adjutant  general  shall,  from  time  to  time, 
prepare  a  roster  of  the  names  of  residents  of  the  state  who 
have  qualified  for  benefits  hereunder  and  shall  certify  the  same 
to  the  state  treasurer. 

4.  Bonus  Payment.  In  recognition  of  the  services  per- 
formed by  the  persons  designated  as  ehgible  under  section  1 
of  this  act,  hereinafter  referred  to  as  the  resident  or  residents, 
the  state  treasurer  when  such  names  are  certified  to  him  as 
provided  in  the  preceding  section,  and  when  application  is  made 
therefor,  shall  pay  to  each  such  qualified  resident  or,  if  such 
resident  dies  before  payment  has  been  made  to  him,  to  such 
resident's  surviving  spouse  or  if  none,  to  his  child  or  children 


1955]  Chapter  286  441 

in  equal  shares ;  and  if  he  has  no  surviving  spouse  or  children, 
then  in  equal  shares  to  his  surviving  parents;  a  sum  equal  to 
ten  dollars  per  month  for  each  month  of  such  active  military 
service,  pro-rated  for  fractions  of  a  month  according  to  the 
number  of  days  involved  in  the  particular  month,  but  not 
exceeding  in  any  event  the  sum  of  one  hundred  dollars;  and 
said  treasurer  shall  take  such  formal  receipt  as  he  shall  pre- 
scribe. If  such  resident  is  legally  incompetent,  payment  may 
be  made  to  his  legally  appointed  representative  only.  If  such 
resident  dies  while  in  active  service,  or  dies  subsequent  to  his 
discharge  therefrom  as  a  result  of  disability  received  while  in 
service,  or  is  disabled  and  medically  discharged,  or  hospitalized 
with  ultimate  medical  discharge  as  a  result  of  service  con- 
nected disability,  the  sum  of  one  hundred  dollars  shall  be  paid 
without  regard  to  the  length  of  time  such  resident  was  in 
service.  No  application  shall  be  certified  for  payment  unless 
written  evidence  is  presented  indicating  that  any  person  or 
persons  herein  described  as  having  a  prior  right  to  benefits 
shall  have  deceased;  and  provided  further  that  if,  prior  to  the 
date  upon  which  this  act  takes  effect,  benefits  under  the  pro- 
visions of  this  chapter  have  been  paid  to  the  father  or  mother 
of  a  resident,  who  at  the  time  had  a  child  or  children,  the 
rights  to  benefits  shall  not  in  addition  accrue  to  said  child  or 
children  as  a  result  of  the  provisions  of  this  act.  The  term 
spouse  means  a  lawful  wife  or  husband.  The  term  child  includes 
a  legitimate  child,  a  child  legally  adopted,  and  a  stepchild.  The 
term  parent  includes  a  father  and  mother,  step-father  and 
step-mother,  father  and  mother  through  adoption,  and  those 
who  stood  in  loco  parentis.  Payment  shall  not  be  made  to  more 
than  two  parents.  Preference  will  be  given  to  the  parent  or 
parents  who  actually  exercised  parental  control  at  the  time  of 
or  most  nearly  prior  to  date  of  resident's  entry  into  service. 
Proof  of  the  relationship  in  loco  parentis  shall  be  established 
by  sworn  statement  of  the  applicant,  together  with  supporting 
affidavits  of  two  disinterested  persons. 

5.  Bond  Issue  Authorized.  In  order  to  provide  the  funds 
for  the  payment  of  the  bonds  authorized  hereunder,  together 
with  the  administrative  costs  thereof,  the  sum  of  one  million 
dollars  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  and  the  state  treasurer  is  hereby  authorized, 
under  the  direction  of  the  governor  and  council,  to  borrow  upon 


442  Chapter  286  [1955 

the  credit  of  the  state  a  sum  not  exceeding  one  million  dollars 
and  for  that  purpose  may  issue  bonds  or  notes  in  the  name 
and  on  behalf  of  the  state.  Such  bonds  or  notes  shall  be  deemed 
a  pledge  of  the  faith  and  credit  of  the  state. 

6.  Form ;  Proceeds  of  Sale.  The  governor  and  council  shall 
determine  the  form  of  such  bonds  or  notes,  their  rate  of  in- 
terest, the  dates  when  interest  shall  be  paid,  the  dates  of 
maturity,  the  places  where  principal  and  interest  shall  be  paid, 
and  the  time  or  times  of  issue.  Such  bonds  or  notes  shall  be 
signed  by  the  treasurer  and  countersigned  by  the  governor. 
The  governor  may  authorize  his  countersignature  on  said 
bonds  to  be  by  facsimile  signature.  The  treasurer  may  nego- 
tiate and  sell  such  bonds  or  notes  under  the  direction  of  the 
governor  and  council  in  such  manner  as  they  may  deem  to  be 
most  advantageous  to  the  state.  Out  of  the  proceeds  of  the 
sale  of  said  bonds  or  notes  the  governor  is  authorized  to  draw 
his  warrants  for  the  sum  hereinbefore  appropriated,  for  the 
purposes  of  this  act  only.  The  secretary  of  state  and  the  state 
treasurer  shall  keep  accounts  of  all  such  bonds  or  notes  as 
they  are  required  to  keep  for  other  state  bonds  or  notes. 

7.  Short-Term  Notes.  Prior  to  the  issuance  of  the  bonds 
hereunder  the  state  treasurer,  with  the  approval  of  the  gov- 
ernor and  council,  may  for  the  purposes  hereof  borrow  money 
from  time  to  time  on  short  term  notes  which  may  be  refunded 
by  the  issuance  of  the  bonds  hereunder.  Provided,  however, 
that  at  no  one  time  shall  the  indebtedness  of  the  state  on  such 
short  term  notes  exceed  the  sum  of  one  million  dollars. 

8.  Sale  of  Bonds  or  Notes.  All  bonds  or  notes  (except 
short-term  loans)  issued  under  the  provisions  of  this  act  shall 
be  sold  (1)  at  public  sealed  bidding  (2)  only  after  an  advertise- 
ment calling  for  bids  has  been  published  at  least  once  in  each 
of  two  successive  calendar  weeks  in  a  newspaper  of  general 
circulation  in  New  Hampshire  and  in  a  financial  publication  of 
national  circulation,  the  first  publication  being  not  less  than 
fifteen  days  prior  to  the  day  the  bids  will  be  received,  and  (3) 
to  the  highest  bidder.  The  governor  and  council  may  reject 
any  or  all  bids,  and/or  negotiate  with  the  highest  responsible 
bidder. 

9.  Discount  on  Sales  of  Liquor  to  Hotels  and  Clubs.    Amend 


1955]  Chapter  287  443 

chapter  170  of  the  Revised  Laws  (chapter  176,  RSA)  by  in- 
serting after  section  14  the  following  new  section:  14-a. 
Prohibition.  When  fixing  the  price  for  sale  of  liquor  to  hotels 
and  clubs  the  commission  shall  not  allow  any  discount  of  more 
than  five  per  cent  from  the  retail  sale  price. 

10.    Takes   Effect.     This    act   shall    take   effect   upon   its 
passage. 
[Approved  August  2,  1955.] 


CHAPTER  287. 

AN  ACT  RELATIVE  TO  FOREST  CONSERVATION  AND  TAXATION. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  New  Chapter.  Amend  chapter  79-A  of  the  Revised 
Laws,  as  inserted  by  chapter  295,  Laws  of  1949,  and  as 
amended  by  chapter  12,  Laws  of  1951  and  chapter  256,  Laws 
of  1953  (chapter  79,  RSA)  by  striking  out  said  chapter  and 
inserting  in  place  thereof  the  following: 

Chapter  79-A 
Forest  Conservation  and  Taxation 
1.     Definitions.     The  following  words  and  phrases  as  used 
in  this  chapter  shall  have  the  meanings  indicated,  unless  a 
contrary  meaning  shall  appear  in  the  context: 

L  "Assessing  officials",  means  those  charged  by  law 
with  the  duty  of  assessing  taxes  in  the  city,  town  or  unin- 
corporated place. 

II.  "Owner",  means  any  person  including  the  state,  a 
county,  a  town  or  any  other  political  subdivision  and  a  pur- 
chaser of  public  forest  timber,  having  title  to  lands  or  standing 
trees  or  possession  with  authority  to  cut  and  remove  logs  or 
wood  from  lands  or  standing  trees  from  which  any  logs  or 
wood  are  taken  during  the  tax  year.  The  word  "owner"  shall 
not  be  construed  to  include  (a)  a  person  who  cuts  or  causes 
to  be  cut  logs  or  wood  from  his  own  land  for  consumption  in 
the  construction,  reconstruction,  or  alteration  of  his  own  build- 
ings, structures  or  fences,  situated  in  the  state  of  New  Hamp- 


444  Chapter  287  [1955 

shire;  (b)  a  person  who  cuts  or  causes  to  be  cut  fuel  wood 
for  his  own  consumption  in  the  state  of  New  Hampshire  for 
domestic  fuel  purposes  or  for  the  manufacture  of  maple  sugar 
or  syrup;  (c)  cities,  towns,  school  districts  or  village  districts 
cutting  logs  or  wood  within  their  boundaries;  (d)  persons 
engaged  in  clearing  or  maintaining  rights-of-ways  or  water 
storage  reservoir  areas  incidental  to  furnishing  utility  services 
or  transportation  to  the  public,  provided,  however,  that  when 
stumpage  is  sold  by  the  person  who  is  causing  the  right-of-way 
or  water  storage  reservoir  areas  to  be  cleared  to  another  person 
the  purchaser  thereof  shall  be  construed  to  be  an  owner  as 
defined  above. 

III.  "Stumpage  value",  means  the  amount  determined 
by  the  assessing  officials  in  the  same  manner  as  other  property 
values  for  the  purposes  of  taxation.  When  open  competitive 
bids  have  been  the  basis  for  sales  on  a  per  cord  or  per  thousand 
basis,  the  price  so  paid  shall  be  considered  for  assessment  pur- 
poses. When  open  competitive  bidding  is  not  the  basis  for  sales 
the  assessing  officials  shall  give  consideration  to  the  amounts 
received  in  competitive  bidding  on  a  per  cord  or  per  thousand 
basis  on  stumpage  sales  in  the  vicinity  but  may  also  consider 
prices  offered  for  stumpage,  logs,  pulpwood,  fuelwood,  or  other 
forest  products,  current  operating  costs  including  a  reasonable 
margin  for  profit  and  risk  and  similar  data,  taking  into  con- 
sideration the  relative  difficulties  of  logging  in  each  individual 
case.  Stumpage  value  of  all  forest  products  except  those  cus- 
tomarily measured  by  ricked  cord  scale  or  by  the  piece  shall 
be  determined  on  the  basis  of  log  scale.  If  any  other  measure 
is  used  the  assessing  officials  shall  determine  the  proper  log 
scale  by  use  of  a  conversion  ratio  to  be  furnished  by  the  state 
forester. 

IV.  "Tax  year",  as  used  in  this  chapter  means  from 
October  1st  to  September  30,  of  the  next  calendar  year,  in- 
clusive. 

V.  "Heavily  timbered  towns".  A  heavily  timbered 
town  is  defined  to  be  a  town  in  which  the  average  assessed 
valuation  of  growing  wood  and  timber  for  the  years  1944-1948 
inclusive  is  equal  to  or  greater  than  ten  per  cent  of  the  follow- 
ing net  figure:  the  locally  assessed  valuation  of  such  town  as 
of  April  1,  1952  as  equahzed  by  the  tax  commission  for  the 


1955]  Chapter  287  445 

purpose  of  assessing  county  taxes,  less  the  total  veterans' 
tax  exemption  on  property  in  said  town  for  the  tax  year  1952. 

2.  Release  from  Taxes.  All  growing  wood  and  timber 
except  fruit  trees,  sugar  orchards,  nursery  stock,  and  trees 
maintained  only  for  shade  or  ornamental  purposes,  which  shall 
not  be  subject  to  the  yield  tax  hereinafter  provided,  shall  be 
released  from  the  general  property  tax  and  the  school  tax  in 
unincorporated  places  provided  for  in  section  15  of  chapter  140 
of  the  Revised  Laws,  but  the  land  on  which  such  growing 
wood  and  timber  stands  shall  be  assessed. 

3.  Normal  Yield  Tax.  A  normal  yield  tax  on  the  stump- 
age  value  at  the  time  of  cutting  shall  be  assessed  by  the 
assessing  officials,  as  of  October  first  of  each  year,  against 
each  owner  of  growing  wood  and  timber  which  has  been  cut 
during  the  previous  tax  year,  at  the  rate  of  ten  per  cent,  pro- 
vided, however,  that  whenever  the  assessing  officials  deem  it 
necessary  to  insure  the  payment  of  the  tax,  demand  for  such 
payment  may  be  made  when  the  cutting  of  a  lot  has  been  com- 
pleted, in  which  case  payment  of  the  tax  shall  be  due  at  the 
time  of  notice  thereof.  Whenever  the  assessing  officials,  or  the 
state  tax  commission,  deem  it  necessary  to  insure  the  payment 
of  the  yield  tax,  they,  or  either  of  them,  may  require  a  bond 
or  other  security  to  be  given  by  an  owner,  as  defined  herein, 
before  or  during  the  cutting  period,  in  such  amount  and  con- 
ditioned upon  such  terms  as  they  may  determine.  An  owner 
failing  or  neglecting  to  provide  such  bond  or  security  within 
seven  days  after  request  therefor  may  be  enjoined  from 
further  cutting  by  the  superior  court  which  shall  make  such 
order  as  justice  shall  require.  They  may  enter  upon  and  inspect 
any  timber  lot,  and  require  the  owner  to  produce  for  inspection 
any  books,  records  and  papers  as  may  be  relevant  and  of 
assistance  to  them  in  the  assessment  of  the  yield  tax. 

4.  Bond  and  Debt  Retirement  Tax.  In  addition  to  the 
normal  yield  tax  provided  in  section  3  above,  beginning  October 
1,  1955,  an  additional  tax  of  two  per  cent  on  the  stumpage 
value  shall  be  assessed  and  collected  in  the  same  manner,  as 
provided  in  sections  3  and  14,  to  be  paid  into  the  state  treasury 
as  provided  in  section  15  to  cover  the  interest,  retirement  of 
bonds  or  other  indebtedness  incurred  by  the  state  under  this 
chapter.  This  bond  and  debt  retirement  tax  shall  expire  on 


446  Chapter  287  [1955 

September  30th,  following  the  time  when  sufficient  funds  have 
been  accumulated  to  cover  all  indebtedness  incurred  by  the 
state  under  this  chapter. 

5.  General  Tax:  Credits  in  Certain  Cases.  Whenever  it 
shall  appear  to  the  assessing  officials  that  a  town  or  city  is 
unreasonably  deprived  of  revenue  because  of  the  failure  of  an 
owner  to  cut  standing  wood  or  timber  when  it  shall  have 
arrived  at  the  degree  of  maturity  most  suitable  for  its  use^ 
such  standing  wood  or  timber  shall  be  taxed  in  the  same 
manner  as  general  property  and  be  subject  to  the  same  right^ 
of  appeal,  the  intent  being  to  prevent  the  holding  of  standing 
wood  or  timber  indefinitely  without  the  payment  of  any  taxes. 
If  such  standing  wood  or  timber  is  taxed  under  the  provision 
of  this  section,  such  taxes  shall  be  a  credit  against  any  yield 
tax  later  imposed,  and  shall  be  taken  into  consideration  in 
determining  eligibility  for  forest  conservation  aid  as  provided 
in  section  21. 

6.  Collection.  The  normal  yield  tax  and  bond  and  debt 
retirement  tax  shall  constitute  a  lien  upon  all  real  estate  of 
the  owner  owned  on  the  date  of  assessment  and  may  be  en- 
forced and  collected  by  any  appropriate  means  provided  for 
the  collection  of  taxes  in  chapter  80,  Revised  Laws  and  amend- 
ments thereto,  except  that  right  of  distraint  and  lien  provided 
by  sections  6  and  17  thereof  shall  expire  eighteen  months  from 
the  date  the  yield  tax  is  assessed.  They  shall  be  subject  to  the 
same  interest  as  general  property  taxes. 

7.  Appeal  Board.  There  shall  be  an  appeal  board  con- 
sisting of  three  members,  one  of  whom  shall  be  selected  by  the 
aggrieved  owner,  one  of  whom  shall  be  the  state  forester  or  a 
member  of  his  staff,  and  one  of  whom  shall  be  a  member  of 
the  tax  commission  or  its  staff.  The  appeal  board  shall  desig- 
nate one  of  its  members  as  chairman.  Whenever  the  original 
assessment  has  been  made  by  the  tax  commission  it  shall  select 
a  person  having  knowledge  of  timber  appraisal  who  shall  serve 
as  a  member  of  the  appeal  board  in  place  of  a  member  of  the 
tax  commission  or  its  staff.  Such  person  when  serving  as  a 
member  of  the  appeal  board  shall  be  paid  the  sum  of  fifteen 
dollars  for  each  day  devoted  to  his  duties  on  such  board  and 
shall  be  reimbursed  for  his  reasonable  expenses  while  so  serv- 
ing. All  expenses  and  per  diem  compensation  for  such  member 
shall  be  a  charge  against  the  tax  commission  appropriation. 


1955]  Chapter  287  447 

8.  Appeal  and  Abatement.  An  owner  may,  within  ninety- 
days  of  notice  of  the  tax,  appeal  to  the  assessing  officials  for 
an  abatement  from  the  original  assessment,  but  no  owner  shall 
be  entitled  to  an  abatement  unless  he  has  complied  with  the 
provisions  of  sections  10  and  11.  If  the  assessing  officials 
neglect  or  refuse  so  to  abate  an  owner  may,  at  his  election 
within  six  months  of  notice  of  such  tax  and  not  afterwards, 
petition  the  superior  court  of  the  county  where  the  operation 
took  place  or  the  appeal  board  as  provided  for  in  section  7. 
The  petition  to  the  appeal  board  shall  be  filed  with  the  tax 
commission  and  shall  include  the  name  and  address  of  the 
appeal  board  member  selected  by  the  aggrieved  owner. 

9.  Appeal  Board  Procedure.  The  tax  commission  shall 
notify  the  members  of  the  appeal  board  of  such  appeal.  It  shall 
designate  a  time  and  place  for  hearing  and  with  the  board's 
approval  make  such  arrangements  for  such  hearing  as  may 
be  necessary.  The  board  may  summons  witnesses,  administer 
oaths,  order  the  production  of  books,  records,  papers,  instru- 
ments and  direct  the  production  of  any  evidence  it  deems 
necessary  in  order  to  make  a  decision.  The  technical  rules  of 
evidence  shall  not  apply  at  such  hearings.  The  decision  of  the 
appeal  board  shall  be  filed  with  the  tax  commission  who  shall 
notify  the  proper  assessing  officials.  The  assessing  officials, 
upon  receipt  of  such  decision,  shall  record  the  same  and  issue 
whatever  order  is  required. 

10.  Notice  of  Cutting.  The  state,  a  county,  a  municipal- 
ity, or  public  agency,  or  any  owner  who  intends  to  cut  growing 
wood  or  timber  shall  file  a  notice  of  intent  to  cut,  in  duplicate, 
prior  to  such  cutting  with  the  state  tax  commission  upon  a 
form  prescribed  and  provided  by  said  commission,  setting  forth 
his  name,  residence,  an  estimate  of  the  amount  and  species  of 
wood  to  be  cut,  and  such  other  information  as  may  be  required. 
He  may  at  his  option  furnish  the  stumpage  price  paid.  A  sup- 
plemental notice  of  intent  to  cut,  in  duplicate,  shall  be  filed 
on  or  before  October  first  for  all  operations  not  completed  or 
terminated  and  which  will  continue  after  September  30  in  any 
year.  A  copy  of  each  notice  shall  be  forwarded  by  the  tax 
commission  to  the  proper  assessing  officials.  The  tax  commis- 
sion shall  assign  a  number  to  each  operation  for  which  it 
receives  a  notice  of  intent  to  cut  and  shall  notify  the  owner 
and  the  assessing  officials  thereof.  It  shall  furnish  without  cost 


448  Chapter  287  [1955 

to  the  owner  a  certificate  showing  that  the  notice  of  intent  to 
cut  has  been  filed.  Failure  to  file  a  notice  of  intent  to  cut  shall 
constitute  a  misdemeanor  punishable  by  a  fine  not  exceeding 
fifty  dollars. 

11.  Report.  The  state,  a  county,  a  municipality,  public 
agency  or  any  person  shall  make  under  the  penalties  of  per- 
jury and  file  in  duplicate  a  report  of  the  wood  or  timber  severed 
with  the  state  tax  commission  on  or  before  October  15  cover- 
ing all  wood  or  timber  severed  up  to  October  first  next  pre- 
ceding. If  deemed  necessary  by  the  assessing  officials  a  report 
shall  be  filed  immediately  upon  the  completion  or  termination 
of  the  cutting  referred  to  in  the  notice  of  intent  to  cut.  Such 
reports  shall  be  made  on  a  form  prescribed  and  provided  by 
said  commission  which  shall  contain  the  name  and  residence 
of  the  person  making  the  report,  and  volume  of  wood  and 
timber  cut  by  species  or  species  groups  and  such  other  in- 
formation as  the  tax  commission  may  deem  necessary  to  enable 
the  assessing  officials  to  locate,  identify,  verify  and  determine 
the  full  amount  and  true  stumpage  value  of  all  wood  and  timber 
cut.  A  report  of  wood  and  timber  severed  covering  operations 
still  in  progress  through  September  30  shall  be  filed  not  later 
than  October  15  for  all  wood  and  timber  cut  up  to  October  1 
next  preceding.  Upon  receipt  of  a  report  of  cut  the  tax  com- 
mission shall  forward  a  copy  to  the  proper  assessing  officials, 
who  shall  assess  a  tax  in  accordance  with  the  provisions  of  this 
chapter.  Whoever  shall  fail  to  file  a  report  of  cut,  as  provided 
in  this  section  shall  be  guilty  of  a  misdemeanor  punishable  by 
a  fine  not  exceeding  one  hundred  dollars. 

12.  Doomage.  If  any  owner  shall  wilfully  make  any  false 
statement  in  the  notices  and  reports  required  in  this  chapter, 
or  if  the  owner  wilfully  makes  a  report  of  cut  as  provided  in 
section  11  which  does  not  contain  a  full  or  correct  statement 
of  the  wood  and  timber  with  respect  to  which  the  owner  is 
taxable;  or  if  the  owner  in  making  the  same  has  wilfully 
omitted  to  give  required  information,  or  has  made  false  state- 
ments or  answers  therein,  the  assessing  officials  shall  ascertain, 
in  such  way  as  they  may  be  able,  and  as  nearly  as  practicable, 
the  amount  and  stumpage  value  of  wood  and  timber  for  which 
the  owner  is  taxable,  and  shall  assess  to  such  owner,  by  way 
of  doomage,  four  times  as  much  as  such  standing  wood  and 


1955]  Chapter  287  449 

timber  would  be  taxed  if  truly  returned  and  reported.  Such 
doomage  shall  be  collected  by  the  tax  collector  in  the  usual 
manner  and  paid  over  to  the  town  treasurer  for  use  of  the 
town. 

13.  Disposition  of  the  Normal  Yield  Tax.  Except  as  pro- 
vided in  section  22,  the  normal  yield  tax  collected  under  section 
3  of  this  chapter  shall  be  paid  by  the  tax  collectors  of  cities 
and  towns  into  their  respective  treasuries  for  the  general  use 
of  the  city  or  town. 

14.  Collection  and  Distribution  of  Normal  Yield  Taxes 
and  Bond  and  Debt  Retirement  Taxes  in  Unorganized  Towns 
and  Unincorporated  Places.  The  taxes  assessed  under  sections 
3  and  4  of  this  chapter  in  any  unorganized  town  or  unincor- 
porated place  shall  be  collected  by  the  director  of  the  division 
of  interest  and  dividends  of  the  state  tax  commission  and  paid 
by  him  to  the  state  treasurer.  The  director  of  the  division  of 
interest  and  dividends  shall  have  the  same  powers  in  collecting 
the  tax  as  are  provided  tax  collectors  under  chapter  80  of  the 
Revised  Laws.  The  state  treasurer  shall  distribute  the  normal 
yield  taxes  in  the  unorganized  towns  and  unincorporated  places 
as  follows :  (a)  to  the  state  tax  commission  the  cost  of  assess- 
ment, collection  and  any  appeal  in  the  unorganized  towns  and 
unincorporated  places;  (b)  to  the  treasurer  of  the  county  in 
which  such  town  or  place  is  situated,  to  be  credited  against  its 
share  of  the  county  tax,  if  any,  for  the  ensuing  year.  Any 
normal  yield  tax  revenues  remaining  in  the  state  treasury  after 
the  above  distributions  have  been  made  together  with  any 
balance  shall  be  for  use  by  the  state  forester  in  the  place  from 
which  the  tax  was  collected.  The  funds  shall  be  used  for  forest 
conservation  purposes  including  the  construction  and  mainte- 
nance of  forest  fire  roads  and  trails  and  forest  diseases  and 
insect  control.  The  director  of  the  division  of  interest  and 
dividends  shall  also  collect  any  unpaid  taxes  assessed  under 
chapter  79-A  in  unincorporated  places  and  unorganized  towns 
under  the  statute  prior  to  the  enactment  of  this  act. 

15.  Disposition  of  Bond  and  Debt  Retirement  Tax.     The 

bond  and  debt  retirement  taxes  collected  under  section  4  of 
this  chapter  shall  be  paid  by  the  collectors  of  taxes  of  cities 
and  towns  into  their  respective  treasuries.  Each  town  or  city 
shall  pay  over  to  the  state  treasurer  in  the  month  of  January 


450  Chapter  287  [1955 

all  such  taxes  collected  during  the  preceding  year,  less  any 
abatements  granted.  If  payment  is  not  made  in  the  month  of 
January  as  provided,  the  state  treasurer  shall  withhold  the 
amount  of  any  bond  and  debt  retirement  taxes  due  to  the 
state  for  which  the  town  or  city  may  be  liable,  from  any 
amounts  payable  by  the  state  to  the  city  or  town  failing  to 
make  the  payment  for  bond  and  debt  retirement  taxes  as 
aforesaid.  The  state  treasurer  shall  not  pay  to  any  city  or  town 
any  amounts  which  may  be  due  to  it  from  the  state  until  the 
payment  of  bond  and  debt  retirement  taxes  then  due  from 
such  city  or  town  have  been  paid  to  him. 

16.  Forest  Conservation  Aid  Fund  Created.  There  is 
hereby  appropriated  the  sum  of  seventy-five  thousand  dollars 
for  the  fiscal  year  ending  June  30,  1957,  which  fund  will  con- 
stitute the  forest  conservation  aid  fund  for  aiding  certain  cities 
and  towns  which  qualify  for  such  aid  as  provided  in  section  22 
and  the  sum  of  twenty-five  thousand  dollars  which  shall  be 
used  to  aid  certain  cities  and  towns  which  qualify  for  such 
aid  as  provided  in  section  23  of  this  chapter.  The  governor  is 
hereby  authorized  to  draw  his  warrant  for  the  purposes  of  this 
chapter,  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. In  the  event  that  claims  presented  by  qualifying  towns 
under  section  22  exceed  seventy-five  thousand  dollars,  the  state 
treasurer  shall  pay  to  each  town  so  qualifying,  the  same  pro- 
portionate part  that  the  summation  of  the  towns'  claims  bears 
to  seventy-five  thousand  dollars. 

17.  Interchangeability  of  Funds.  The  two  funds  appro- 
priated in  the  preceding  section  shall  be  interchangeable,  in 
that  any  excess  in  either  fund  not  needed  for  the  purposes 
thereof  may  be  used  to  supplement  the  other  fund  in  case  it 
is  needed  therefor. 

18.  Payment  of  Forest  Conservation  Aid.     In  the  case 

that  the  tax  commission  determines  that  any  town  is  entitled 
to  forest  conservation  aid,  such  aid  shall  be  based  only  on  the 
normal  yield  tax  assessments  as  determined  by  the  assessing 
officials  and  finally  approved  by  the  state  tax  commission. 

19.  Certification  of  Yield  Taxes  Assessed.  Every  town 
shall  certify  on  or  before  December  1,  in  each  year  to  the  state 
tax  commission,  the  amount  of  yield  taxes  assessed  for  the 


1955]  Chapter  287  451 

preceding  tax  year.  Any  town  desiring  to  be  aided  may  at  the 
same  time  make  application  therefor.  Such  aid  shall  be  deter- 
mined by  said  commission  and  certified  to  the  state  treasurer 
for  payment  in  the  manner  provided  in  sections  20,  21,  22, 
and  23. 

20.  Forest  Conservation  Aid  Base.  The  forest  conserva- 
tion aid  base  shall  be  the  amoiint  of  revenue  which  each  town 
would  have  received  from  a  tax  levied  at  its  1955  average  tax 
rate  or  the  annual  local  average  rate  of  taxation,  whichever 
is  the  lesser,  on  the  average  assessed  valuation  of  growing 
wood  and  timber  for  the  years  1944-48  inclusive  after  deduct- 
ing from  said  valuation  one-fifth  of  the  cumulative  value  of 
the  wood  and  timber  severed  in  each  city  or  town  as  determined 
for  yield  tax  purposes  from  April  1,  1950  to  September  30, 
1954,  inclusive. 

21.  Adjusted  Forest  Conservation  Aid  Base.  Beginning 
October  1,  1955,  the  adjusted  forest  conservation  aid  base  for 
each  town  shall  for  the  ensuing  tax  year  be  the  forest  con- 
servation aid  base  for  such  town  less  five  cents  on  each  one 
hundred  dollars  of  the  locally  assessed  valuation  of  the  munici- 
pality as  equalized  by  the  tax  commission  for  April  1,  1952, 
less  the  total  veterans'  tax  exemption  on  property  in  said 
town  for  the  current  year.  Annually  thereafter  the  adjusted 
forest  conservation  aid  base  for  the  preceding  year  shall  be 
reduced  by  five  cents  on  each  one  hundred  dollars  of  the  locally 
assessed  valuation  of  the  municipality  as  equalized  by  the  tax 
commission  for  April  1,  1952,  less  the  total  veterans'  tax  ex- 
emption on  property  in  said  town  for  the  current  year,  until 
the  adjusted  forest  conservation  aid  base  is  eliminated.  After 
four  successive  reductions  have  been  made  under  this  section, 
further  reductions  in  the  aid  base  hereunder  shall  be  suspended 
in  those  towns  still  entitled  to  such  aid,  in  order  that  the 
situation  in  such  towns  may  then  be  re-examined  by  the 
general  court,  and  further  reductions  in  such  towns  under  this 
section  or  under  section  23  shall  not  be  resumed  until  so 
ordered  by  the  general  court. 

2,2.  Computation  of  Forest  Conservation  Aid.  In  com- 
puting such  aid  said  commission  shall  determine  the  adjusted 
forest  conservation  aid  base  for  the  current  year  and  deduct 
therefrom  the  amount  of  any  property  tax  assessed  under  the 


452  Chapter  287  [1955 

provisions  of  section  5  of  this  chapter  and  the  amount  of  the 
normal  yield  taxes  assessed  under  the  provisions  of  section  3 
of  this  chapter  for  the  year  in  which  aid  is  requested.  In  order 
that  there  may  be  an  equitable  distribution  of  funds  paid  by 
the  state  for  aid  to  schools,  or  for  highway  maintenance  and 
construction,  and  to  provide  for  an  equitable  proportion  of  the 
county  taxes  or  any  application  of  any  statute  based  wholly  or 
in  part  on  equalized  valuation,  the  tax  commission  shall  not 
include  the  five-year  average  assessment  of  growing  wood  and 
timber  in  each  city  or  town  in  the  equalized  valuation  of  each 
city  and  town  in  accordance  with  paragraph  V,  section  11, 
chapter  82,  Revised  Laws.  Said  commission  shall  take  into 
consideration  any  decrease  in  the  amount  of  forest  conserva- 
tion aid  which  any  town  may  receive  because  of  the  taking 
of  forest  land  by  the  state  or  federal  government  for  state 
or  national  forests  and  by  any  other  unusual  or  abnormal  con- 
ditions, including  extraordinary  obligations  of  a  city  or  town 
incurred  prior  to  July  26,  1949,  which  would  affect  an  equitable 
distribution,  the  intent  being  to  make  up  to  the  several  cities 
and  towns  any  loss  in  tax  revenue  or  loss  in  forest  conserva- 
tion aid  granted  in  lieu  of  tax  revenue  on  state  and  national 
forest,  or  increase  in  county  or  state  taxes  resulting  from  such 
exemption  in  as  equitable  a  manner  as  possible. 

23.  Special  Aid  for  Heavily  Timbered  Towns.  In  addi- 
tion to  the  forest  conservation  aid  to  which  a  heavily  timbered 
town  would  be  entitled  under  the  provisions  of  section  21  of 
this  chapter  it  shall,  beginning  with  October  1,  1955  also 
receive  special  aid  in  full  as  computed  hereafter.  For  the  tax 
year  beginning  October  1,  1955  such  special  aid  shall  be  an 
amount  equal  to  the  difference  between,  (1)  the  amount  of 
revenue  the  town  would  have  received  from  a  tax  levied  on 
the  average  assessed  value  of  growing  wood  and  timber  therein 
for  the  years  1944-1948  inclusive  reckoned  at  its  1955  average 
tax  rate  deducting  therefrom  (a)  an  amount  equal  to  five  cents 
on  each  one  hundred  dollars  of  the  locally  assessed  valuation 
of  the  municipality  as  equalized  by  the  tax  commission  for 
April  1, 1952,  less  the  total  veterans'  tax  exemption  on  property 
in  said  town  for  the  current  year,  and  (b)  any  property  tax 
assessed  under  section  5  of  this  chapter,  and  (c)  the  amount 
of  the  normal  yield  taxes  assessed  under  section  3  of  this 
chapter  for  the  year  for  which  such  special  aid  is  requested, 


1955]  Chapter  287  453 

and  (2)  the  forest  conservation  aid  for  such  town  as  computed 
under  section  22  hereof.  The  amount  of  the  special  aid  to 
which  a  heavily  timbered  town  may  be  entitled  by  this  section 
for  any  year  following  the  tax  year  beginning  October  1,  1955 
shall  be  the  difference  between,  (1)  the  amount  of  revenue 
the  town  would  have  received  from  a  tax  levied  on  the  average 
assessed  value  of  growing  wood  and  timber  therein  for  the 
years  1944-48  inclusive  reckoned  at  its  1955  average  tax  rate 
or  the  current  local  rate  of  taxation,  whichever  is  lesser,  de- 
ducting therefrom  (a)  an  amount  equal  to  five  cents  on  each 
one  hundred  dollars  of  the  locally  assessed  valuation  of  the 
municipality  as  equalized  by  the  tax  commission  for  April  1, 
1952,  less  the  total  veterans'  tax  exemption  on  property  in 
said  town  for  the  current  year,  and  (b)  any  property  tax 
assessed  under  section  5  of  this  chapter,  and  (c)  the  amount 
of  the  normal  yield  taxes  assessed  under  section  3  of  this 
chapter  for  the  year  for  which  aid  is  requested,  and  (d)  the 
accumulated  amount  as  computed  for  each  preceding  year  of 
five  cents  on  each  one  hundred  dollars  of  the  locally  assessed 
valuation  of  the  municipality  as  equalized  by  the  tax  com- 
mission for  April  1,  1952,  and  (2)  the  forest  conservation  aid 
for  such  town  as  computed  under  section  22  hereof. 

24.     Payment  of  Forest  Conservation  Aid  on  Account  of 
Unorganized  Towns  and  Unincorporated  Places.     The  amount 

of  forest  conservation  aid  to  which  each  unorganized  town 
and  unincorporated  place  may  be  entitled  shall  be  determined 
and  certified  by  the  tax  commission  in  a  manner  as  nearly 
similar  to  that  prescribed  herein  for  cities  and  towns  by  sec- 
tion 22  hereof,  and  said  commission  shall  make  such  adjust- 
ments as  may  be  necessary  to  insure  equality  of  treatment 
under  this  chapter,  so  far  as  possible,  as  between  unorganized 
towns  and  unincorporated  places  and  cities  and  towns.  Pay- 
ment of  such  forest  conservation  aid  shall  be  made  to  the 
county  treasurer  with  respect  to  county  taxes.  Reimbursement 
shall  not  be  made  on  December  thirty-first  but  shall  be  made 
as  soon  as  the  amount  of  taxes  due  for  the  ensuing  year  shall 
have  been  determined,  and  no  forest  conservation  aid  payment 
shall  be  made  in  any  year  if  and  to  the  extent  that  funds 
derived  from  the  yield  tax  remain  in  the  hands  of  the  state 
treasurer  for  disbursement  as  provided  by  section  14  (b) 
hereof. 


454  Chapter  287  [1955 

25.  Excess  of  Yield  Tax  over  Forest  Conservation  Aid. 

If  in  any  tax  year  the  amount  of  normal  yield  tax  shall  exceed 
the  adjusted  forest  conservation  aid  as  computed  under  the 
provisions  of  sections  20,  21,  and  22  hereof,  said  excess  shall' 
be  used  as  deductions  in  computing  subsequent  forest  con- 
servation aid.  In  cases  where  towns  have  accumulated  excesses 
of  yield  tax  over  tax  loss  prior  to  October  1,  1955,  these  ex- 
cesses shall  also  be  used  as  deductions  in  computing  any  forest 
conservation  aid  as  provided  by  section  22. 

26.  Distribution.  The  state  treasurer  shall  annually 
make  distribution  to  the  towns  and  cities  from  the  funds  pro- 
vided for  herein  in  accordance  with  the  certification  from  the 
state  tax  commission  of  the  amounts  due  hereunder. 

27.  Interpretation.  Nothing  herein  contained  shall  be 
construed  as  repealing  or  affecting  in  any  way  the  authority 
for  the  issuance  of  bonds  under  sections  13,  14,  15  and  16  of 
chapter  295,  Laws  of  1949,  chapter  4,  Laws  of  1951,  chap- 
ter 216,  Laws  of  1951,  and  chapter  170,  Laws  of  1953,  nor 
shall  it  affect  bonds  heretofore  or  hereafter  issued  in  accord- 
ance with  said  statutes. 

2.  State  Tax  Commission.  One  of  the  positions  of  timber 
tax  appraiser  in  the  office  of  the  state  tax  commission  is  hereby 
abolished. 

3.  Goshen- Lempster  Cooperative  School  District.     In  so  far 

as  the  borrowing  by  the  Goshen-Lempster  cooperative  school 
district  is  concerned  which  has  been  authorized  under  the  pro- 
visions of  chapter  11  of  the  Laws  of  1955  the  debt  limit  thereof 
shall  be  computed  on  the  last  assessed  valuation  plus  the  five- 
year  average  assessment  of  growing  wood  and  timber  therein. 

4.  Takes  Effect.  The  provisions  of  section  3  shall  take 
effect  upon  the  passage  of  this  act.  The  remaining  provisions 
of  this  act  shall  take  effect  October  1,  1955,  provided,  how- 
ever, that  reimbursement  shall  be  made  for  losses  of  tax 
revenue  sustained  in  the  year  1955  to  those  places  so  entitled 
in  accordance  with  section  3,  chapter  242  of  the  Laws  of  1953. 
Section  10  of  chapter  256  of  the  Laws  of  1953  is  hereby  re- 
pealed as  of  October  1,  1955. 

[Approved  August  5,  1955.] 


1955]  Chapter  288  455 

CHAPTER  288. 
AN  ACT  RELATIVE  TO  HOURLY  WAGE  FOR  EMPLOYEES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Minimum  Wages.  Amend  sections  25  and  26  of  chap- 
ter 213  Revised  Laws  as  inserted  by  chapter  310,  Laws  of 
1949  and  as  amended  by  section  1,  chapter  232,  Laws  of  1953 
(sections  21  and  22,  chapter  279,  RSA)  by  striking  out  said 
sections  and  inserting  in  place  thereof  the  following:  25. 
Limitations.  No  person,  firm  or  corporation  shall  employ  any 
employee  at  a  rate  of  less  than  seventy-five  cents  per  hour, 
provided  that  this  limitation  shall  not  apply  to  employees 
engaged  in  household  labor,  domestic  labor,  farm  labor,  out- 
side salesmen,  summer  camps  for  minors,  restaurants,  hotels, 
inns  and  cabins;  and  provided  this  limitation  shall  not  apply 
to  employees  engaged  as  newsboys  or  golf  caddies,  and  this 
limitation  shall  not  apply  to  employees  of  hospitals  organized 
as  non-profit  corporations  except  as  hereinafter  provided.  Fur- 
ther provided  that  no  non-profit  hospital  corporation  shall 
employ  a  laundry  employee  or  nurse  aide  or  practical  nurse 
at  a  rate  of  less  than  seventy  cents  per  hour,  and  no  person, 
firm  or  corporation  shall  employ  any  employee  as  usher  at  a 
theatre  or  pin  boy  at  a  bowling  alley,  at  a  rate  of  less  than 
sixty-five  cents  per  hour. 

26.  Special  Authorization  in  Certain  Cases.  A  person 
with  less  than  six  months'  experience  in  an  occupation,  or  a 
person  whose  earning  cal)acity  is  impaired  by  age,  or  physical 
or  mental  deficiency,  may  be  paid  not  less  than  sixty-five  cents 
per  hour  upon  application  to  and  authorization  from  the  com- 
missioner of  labor. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


456  Chapter  289  [1955 

CHAPTER  289. 

AN  ACT  RELATIVE  TO  SERVICE  EXEMPTION  FOR  VETERANS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Vieterans  Taxation.  Amend  section  29  of  chapter  73  of 
the  Revised  Laws  as  amended  by  chapter  174,  Laws  of  1943, 
chapter  4,  Laws  of  1944,  chapter  240,  Laws  of  1947,  section  1, 
chapter  167,  Laws  of  1949  and  by  section  1,  chapter  132,  Laws 
of  1951  (chapter  72,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  29.  Service  Ex- 
emption. Every  resident  of  this  state  who  served  not  less  than 
ninety  days  in  the  armed  forces  of  the  United  States  in  any 
of  the  following  wars  or  armed  conflicts,  the  Spanish  War, 
Philippine  Insurrection,  Boxer  Rebellion,  World  War  I,  World 
War  II,  or  Korean  Conflict,  as  hereinafter  defined  who  have 
been  discharged  or  separated  therefrom  under  conditions  other 
than  dishonorable  or  the  spouse  of  such  resident,  or  the  widow 
of  such  resident,  and  every  resident,  or  the  spouse  of  such 
resident,  whose  services  were  terminated  for  a  service-con- 
nected disability,  and  the  widow  of  any  resident  who  suffered 
a  service-connected  death,  in  consideration  of  such  service, 
shall  be  exempt  each  year  from  taxation  upon  his  or  her  resi- 
dential real  estate,  to  the  value  of  one  thousand  dollars, 
provided  the  value  of  such  residential  real  estate  in  this  state 
as  assessed  by  the  selectmen  does  not  exclusive  of  bona  fide 
encumbrances  of  record  thereon,  exceed  five  thousand  dollars, 
and  provided  further  that  the  resident  qualified  for  exemption, 
excepting  those  with  a  service-connected  disability,  shall  not 
be  delinquent  in  the  payment  of  any  taxes  due  the  state  of 
New  Hampshire  or  any  political  subdivision  thereof.  The  fol- 
lowing terms  as  used  in  this  section  shall  be  construed  as 
follows : 

(1)  "Spanish  War"  between  April  21,  1898  and  April  11, 
1899. 

(2)  "Philippine  Insurrection"  between  April  12,  1899  and 
July  4,  1902  extended  to  July  15,  1903  for  service  in  the  Moro 
Provinces. 

(3)  "Boxer  Rebellion"  between  June  16,  1900  and  May 
12,  1901. 


1955]  Chapter  289  457 

(4)  "World  War  I"  between  April  6,  1917  and  November 
11,  1918  extended  to  April  1,  1920  for  service  in  Russia,  pro- 
vided that  reenlistment  in  military  or  naval  service  on  or 
after  November  12,  1918  and  before  July  2,  1921  where  there 
was  prior  service  between  April  6,  1917  and  November  11,  1918 
shall  ba  considered  as  World  War  I  service. 

(5)  "World  War  11"  between  December  7,  1941  and  De- 
cember 31,  1946. 

(6)  "Korean  Conflict"  between  June  25, 1950  and  July  27, 
1953. 

2.  Fractional  Interest.  Amend  section  29-a  of  chapter  73 
of  the  Revised  Laws  as  inserted  by  chapter  240  of  the  Laws 
of  1947  (chapter  72,  RSA)  by  striking  out  the  words  "taxable 
property"  in  the  second  line  thereof  and  inserting  in  place 
thereof  the  words,  residential  real  estate,  so  that  said  section 
as  amended  shall  read  as  follows:  29-a.  Proration  of  Ex- 
emption. If  any  entitled  person  or  persons  shall  own  a  frac- 
tional interest  in  residential  real  estate  each  such  entitled 
person  shall  be  granted  exemption  in  proportion  to  his  interest 
therein  with"  other  persons  so  entitled,  but  in  no  case  shall  the 
total  exemption  exceed  one  thousand  dollars  except  as  provided 
in  section  29-b. 

3.  Limitations.  Amend  section  29-b  of  chapter  73  of  the 
Revised  Laws  as  inserted  by  chapter  240  of  the  Laws  of  1947 
(chapter  72,  RSA)  by  striking  out  the  words  "taxable  prop- 
erty" in  the  third  line  and  in  the  fourth  line  and  inserting  in 
place  thereof  the  words,  residential  real  estate,  so  that  said 
section  as  amended  shall  read  as  follows:  29-b.  Husband 
and  Wife.  A  husband  and  wife,  each  qualified  for  exemption, 
shall  be  entitled  to  an  exemption  of  two  thousand  dollars  on 
their  residential  real  estate  provided  they  do  not  together  own 
residential  real  estate  in  this  state  exclusive  of  bona  fide  en- 
cumbrances of  record  thereon  to  the  value  of  more  than  five 
thousand  dollars. 

4.  Residence.  Amend  section  29-g  of  chapter  73  of  the 
Revised  Laws  as  inserted  by  chapter  240  of  the  Laws  of  1947 
(chapter  72,  RSA)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  29-g.  Definitions.  L  The 
word  "resident"  as  used  in  section  29  shall  mean  a  person  who 


458  Chapter  290  [1955 

has  resided  in  this  state  for  at  least  six  months  preceding 
April  1,  in  the  year  in  which  exemption  is  claimed.  II.  The 
term  "residential  real  estate"  for  the  purposes  of  sections  29 
to  29-h,  inclusive  shall  mean  the  real  estate  which  the  person 
qualified  for  an  exemption  thereunder  occupies  as  his  principal 
place  of  abode  together  with  any  land  or  buildings  appurtenant 
thereto  and  shall  include  a  house  trailer  if  used  for  said  pur- 
pose. 

5.    Takes  Effect.     This  act  shall  take  eifect  April  1,  1956. 
[Approved  August  5,  1955.] 


CHAPTER  290. 

AN  ACT  RELATIVE  TO  COMPENSATION  OF  LEGISLATIVE  EMPLOYEES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Legislative  Employees.  Amend  section  23  of  chapter  9 
of  the  Revised  Laws,  as  amended  by  section  1,  chapter  89,  Laws 
of  1945,  section  1,  chapter  271,  Laws  of  1947,  section  1,  chap- 
ter 2  and  section  1  of  chapter  266,  Laws  of  1953  (section  24, 
chapter  14,  RSA)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  23.  Attaches.  The  compen- 
sation of  the  following  attaches  of  the  senate  and  house  of 
representatives  shall  be  sergeant-at-arms,  $9  a  day;  custodian 
of  mails  and  supplies,  $7.50  a  day;  the  senate  messenger  who 
acts  as  custodian  of  mails  and  supplies,  $7.50  a  day;  messen- 
gers, assistant  messengers,  telephone  messengers,  library 
messengers,  doorkeepers,  v/ardens  and  assistant  wardens,  pages 
and  chaplain,  $6  a  day;  each  for  six  days  a  week. 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  January 
5,  1955  except  that  part  which  applies  to  the  custodian  of 
mails  of  the  house  of  representatives  which  shall  take  effect  as 
of  January  2,  1957. 

[Approved  August  5,  1955.] 


1955]  Chapter  291  459 

CHAPTER  291. 

AN  ACT  RELATIVE  TO  SAFETY  REGULATIONS  FOR  COMMERCIAL 

ESTABLISHMENTS  AND  TO  WORKMEN'S  COMPENSATION 

AGREEMENTS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Genei'al  Court  convened: 

1.  Commercial.  Amend  section  1  of  chapter  215  of  the 
Revised  Laws  (section  1,  chapter  277,  RSA)  by  adding  after 
the  word  "manufacturing"  in  the  second  and  fifth  lines,  the 
word,  commercial,  so  that  said  section  as  amended  shall  read 
as  follows:  1.  Application;  Definitions.  This  chapter  shall 
apply  only  to  factories,  mills,  workshops  or  other  manufactur- 
ing, commercial  or  mercantile  establishments  in  which  three 
or  more  persons  are  regularly  employed.  The  term  employer 
as  used  herein  shall  include  every  person,  firm,  corporation  or 
association  operating  in  this  state  any  such  manufacturing, 
commercial  or  mercantile  establishment.  The  term  place  of 
employment  shall  include  such  places  and  all  buildings,  sheds, 
structures  or  other  places  used  in  connection  therewith.  The 
term  employee  shall  include  every  person  employed  to  work 
in  any  such  place  of  employment. 

2.  Agreements.  Amend  section  34  of  chapter  216  of  the 
Revised  Laws  as  inserted  by  section  1,  chapter  266,  Laws  of 
1947  (section  36,  chapter  281,  RSA)  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following :  34.  Agree- 
ments as  to  Compensation.  If  an  employer  or  his  insurer  and 
an  injured  employee  enter  into  an  agreement  in  regard  to 
compensation  payable  under  the  provisions  of  this  chapter,  a 
memorandum  thereof  shall  be  filed  with  said  commissioner  of 
labor  and  if  approved  by  him  or  by  someone  designated  by 
him,  such  agreement,  subject  to  modification  as  provided  in 
section  38  shall  be  enforceable  as  provided  in  section  40.  Such 
an  agreement  shall  be  approved  only  when  the  terms  thereof 
conform  to  the  provisions  of  this  chapter. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


460  Chapter  292  [1955 

CHAPTER  292. 

AN  ACT  RELATIVE  TO  THE  LAYOUT  OF  LIMITED  ACCESS  HIGHWAYS, 
AND  TO  THE  RYE  WaTER  DISTRICT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Limited  Access  Highways.  Amend  section  2  of  part  7 
of  chapter  90  of  the  Revised  Laws  as  inserted  by  chapter  188, 
Laws  of  1945  (section  2,  chapter  236,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  2. 
Occasion  for  Lay  Out;  Lay  Out.  The  governor,  with  the 
advice  of  the  council,  on  his  own  motion  or  a  special  committee 
of  three  persons  appointed  by  the  governor  and  council  for 
the  purpose,  may  determine,  upon  hearing,  whether  there  is 
occasion  for  the  laying  out  or  alteration  of  a  limited  access 
facility  including  service  roads  in  a  location  proposed  by  the 
commissioner  of  public  works  and  highways,  and,  if  so,  the 
governor,  with  the  advice  of  the  council,  shall  appoint  a  com- 
mission of  three  persons  who  may  purchase  land  or  other 
property  in  the  proposed  location  and  who  shall  lay  out  the 
remainder  of  such  facility,  service  roads,  or  alteration  thereof, 
assess  the  damages  sustained  by  each  owner  of  land  or  property 
taken,  and  tender  payment  of  the  sums  awarded.  The  com- 
mission appointed  by  the  governor  and  council  to  lay  out  any 
limited  access  facility  may  acquire  private  or  public  property 
and  property  rights  for  such  facility  and  service  roads,  in- 
cluding rights  of  access,  air,  view,  and  light,  by  gift,  devise, 
purchase  or  condemnation  in  the  same  manner  as  provided  for 
acquiring  property  for  class  I  highways  except  that  all  property 
rights  acquired  under  the  provisions  of  this  part  shall  be  in 
fee  simple  including  property  acquired  by  condemnation  pro- 
ceedings. The  commission,  in  its  discretion,  may  acquire  an 
entire  lot,  block,  or  tract  of  land,  if  by  so  doing  the  interests 
of  the  public  will  be  best  served  even  though  said  entire  lot, 
block,  or  tract  is  not  immediately  needed  for  the  right  of  way 
proper,  and  the  commissioner  of  public  works  and  highways, 
with  the  approval  of  the  governor  and  council,  may  sell,  convey, 
transfer  or  lease  any  surplus  property,  real  or  personal,  at 
public  or  private  sale. 

2.  Rye  Water  District.     Amend  sections  1  and  2  of  chap- 


1955]  Chapter  293  461 

ter  394  of  the  Laws  of  1947,  as  amended  by  section  2,  chapter 
364  of  the  Laws  of  1949,  section  4  of  chapter  334,  of  the  Laws 
of  1951  and  section  11,  chapter  351  of  the  Laws  of  1953  by- 
striking  out  said  sections  and  inserting  in  place  thereof  the 
following:  1.  Authorization.  Rye  Water  District  in  the 
town  of  Rye  is  hereby  authorized  to  incur  indebtedness  in  an 
amount  not  exceeding  four  hundred  seventy  thousand  dollars 
($470,000.00),  including  the  amount  authorized  by  chapter  72 
of  the  Revised  Laws,  for  the  purpose  of  purchasing  or  con- 
structing, or  both,  and  maintaining,  extending  and  operating 
such  water  works  system  as  it  may  deem  necessary  for  munici- 
pal use  and  for  the  use  of  its  inhabitants  and  others.  2.  Is- 
suance of  Bonds  or  Notes.  For  the  purpose  and  to  the  extent 
set  forth  in  section  1  of  this  act.  Rye  Water  District  in  the 
town  of  Rye  is  hereby  authorized  and  empowered  to  issue 
serial  notes  or  bonds  in  accordance  with  the  remaining  pro- 
visions of  chapter  72  of  the  Revised  Laws,  as  amended,  except 
as  hereinafter  provided. 

3.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  293. 


AN  ACT  RELATIVE  TO  TRANSFER  OF  DIAGNOSTIC  LABORATORIES  TO 
THE  STATE  HOSPITAL. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Transfer  of  Diagnostic  Laboratories.  On  and  after 
August  1,  1955,  the  division  of  diagnostic  laboratories  shall 
be  transferred  from  the  department  of  health  to  the  state 
hospital  and  shall  be  under  the  administration  of  the  super- 
intendent of  the  state  hospital.  All  powers  and  duties,  records 
and  property  of  said  division  are  hereby  transferred  to  the 
state  hospital.  All  personnel  of  said  division  are  hereby  trans- 
ferred to  the  state  hospital  provided  that  no  employee  of  the 
division  shall  receive  less  compensation  than  he  was  receiving 
prior  to  said  transfer.  All  unexpended  appropriations  from 


462  Chapter  294  [1955 

state  funds  provided  for  the  diagnostic  laboratories  are  hereby 
transferred  to  the  state  hospital  to  be  used  only  for  the  pur- 
poses for  which  they  could  have  been  legally  used  heretofore. 
Nothing  herein  contained  shall  be  construed  as  affecting  the 
power  of  the  department  of  health  to  receive  and  expend 
federal  funds  for  diagnostic  purposes  nor  shall  this  section  be 
construed  as  authorizing  any  transfer  of  federally  received 
funds  to  the  state  hospital. 

2.     Takes  Effect.     This  act  shall  take  effect  as  of  August  1, 
1955. 
[Approved  August  5,  1955.] 


CHAPTER  294. 


AN  ACT  RELATIVE  TO  RE-EXAMINATION  OF  HOLDERS  OF  LICENSES 
TO  OPERATE  MOTOR  VEHICLES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Motor  Vehicles,  Licenses.  Amend  chapter  117  of  the 
Revised  Laws  (chapter  261,  RSA)  by  inserting  after  section 
2-a  a  new  section  as  follows:  2-b.  Re-examination.  When- 
ever information  is  presented  to  the  commissioner  which  leads 
him  to  believe  that  reasonable  doubt  exists  as  to  the  qualifica- 
tions of  any  licensee  to  operate  a  motor  vehicle,  the  commis- 
sioner may  order  such  licensee  to  obtain  a  written  statement 
from  a  physician  as  to  the  fitness  of  said  licensee  to  operate 
a  motor  vehicle.  No  license  shall  be  issued  or  continued  to  any 
person  who  fails  to  present  to  the  commissioner  the  written 
statement  provided  above  or  who,  in  said  written  statement, 
fails  to  satisfy  the  commissioner  that  he  is  fit  to  operate  a 
motor  vehicle. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


1955]  Chapter  295  463 

CHAPTER  295. 

AN  ACT  RELATIVE  TO  PEDESTRIANS  AND  TO  DIMMING  LIGHTS  ON 

MOTOR  VEHICLES  AND  TRAILER  BREAK-AWAY  SAFETY 

CHAINS  ON  TRAILERS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Use  of  Highways.  Amend  chapter  119  of  the  Revised 
Laws  (chapter  263,  RSA)  by  inserting  after  section  22-a,  as 
inserted  by  chapter  212,  Laws  of  1949,  the  following  new  sec- 
tion: ,22-b.  Pedestrians.  Where  sidewalks  are  not  provided 
any  pedestrian  walking  along  and  upon  a  highway  shall,  when 
practicable,  walk  only  on  the  left  side  of  the  roadway  or  its 
shoulder  facing  traffic  which  may  approach  from  the  opposite 
direction. 

2.  Motor  Vehicle  Headlights.  Further  amend  said  chap- 
ter 119  by  inserting  after  section  28  the  following  new  section: 
28-a.  Dimming  Lights.  The  operator  of  any  motor  vehicle 
upon  approaching,  overtaking  or  while  following  within  a  dis- 
tance of  approximately  one  hundred  and  fifty  feet  of  another 
motor  vehicle  on  the  public  highway  during  the  period  from 
one-half  hour  after  sunset  to  one-half  hour  before  sunrise  shall 
"dim  his  headlights. 

3.  Safety  Device.  Amend  said  chapter  119  by  inserting 
after  section  5  the  following  new  section :  5-a.  Trailer  Break- 
away Safety  Chains.  Every  trailer  or  semi-trailer  shall  in 
addition  to  the  tow-bar  or  coupling  device  have  a  safety  chain 
or  cable  to  prevent  break-away  from  the  towing  vehicle.  Each 
chain  or  cable  shall  have  an  ultimate  strength  at  least  equal 
to  the  gross  weight  of  the  trailer  and  load  being  towed.  Chains 
or  cables  shall  be  connected  to  the  towed  and  towing  vehicle 
to  prevent  the  tow-bar  dropping  to  the  ground  in  event  the 
tow-bar  fails.  This  provision  shall  not  apply  to  truck-tractor 
and  semi-trailer  units  equipped  with  fifth  wheel  mechanism. 

4.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


464  Chapter  296  [1955 

CHAPTER  296. 

an  act  relative  to  the  salary  of  the  justice  of  the 
Newport  municipal  court. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Newport  Municipal  Court.  Amend  paragraph  I  of  sec- 
tion 31  of  chapter  377,  Revised  Laws,  as  amended  by  chapter 
232,  Laws  of  1947,  chapters  73,  213,  239  and  251,  Laws  of  1953 
(paragraph  I,  section  7,  chapter  502,  RSA)  and  as  amended  by 
chapters  133  and  182,  Laws  of  1955,  and  by  chapter  279,  Laws 
of  1955,  by  striking  out  the  words  "In  Newport,  nine  hundred 
dollars"  and  inserting  in  place  thereof  the  words,  In  Newport, 
one  thousand  one  hundred  and  fifty  dollars,  so  that  said  para- 
graph as  amended  shall  read  as  follows:  I.  Salaries  of 
Justices.  Salaries  of  justices  of  municipal  courts  shall  be  paid 
from  the  treasury  of  the  city  or  town  in  which  such  courts  are 
located,  may  be  paid  quarterly  or  monthly,  and  shall  be  in  the 
following  sums  per  annum: 

In  Manchester,  four  thousand  six  hundred  dollars; 

[n  Nashua,  three  thousand  dollars; 

[n  Concord,  three  thousand  five  hundred  dollars; 

[n  Portsmouth,  two  thousand  five  hundred  dollars; 

[n  Dover,  one  thousand  eight  hundred  dollars; 

[n  Laconia,  one  thousand  eight  hundred  dollars; 

[n  Keene,  two  thousand  five  hundred  dollars; 

[n  Claremont,  two  thousand  three  hundred  dollars; 

[n  Berlin,  twenty-two  hundred  dollars; 

[n  Rochester,  one  thousand  two  hundred  dollars; 

[n  Lebanon,  one  thousand  five  hundred  dollars; 

[n  Newport,  one  thousand  one  hundred  and  fifty  dollars; 

[n  Derry,  nine  hundred  dollars; 

[n  Franklin,  one  thousand  two  hundred  dollars; 

[n  Exeter,  eight  hundred  dollars; 

[n  Somersworth,  eight  hundred  dollars; 

[n  Littleton,  eight  hundred  dollars; 

[n  Milford,  six  hundred  dollars. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


1955]  Chapters  297,  298  465 

CHAPTER  297. 

AN  ACT  RELATING  TO  RE-ASSESSMENT  PROCEDURES. 

Be  it  enacted  by  the  Seriate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Local  Officials.  Amend  section  13,  chapter  82,  Revised 
Laws  (section  13,  chapter  71,  RSA)  by  inserting  at  the  end 
thereof  the  words,  In  making  such  re-assessment  the  commis- 
sion may  determine  whether  the  values  determined  shall  be 
used  for  the  assessment  of  taxes  for  the  year  in  which  the 
re-assessment  is  made  or  for  the  assessment  to  be  made  in  the 
succeeding  year,  so  that  said  section  as  amended  shall  read  as 
follows:  13.  Procedure  for  Re-assessment.  Such  re-assess- 
ment shall  be  made  in  the  first  instance  by  the  selectmen  or 
assessors  of  such  district,  and,  if  such  re-assessment  is  not 
made  within  thirty  days  of  the  order  or  is  not  satisfactory  to 
the  tax  commission,  then  the  commission  may  make  such  re- 
assessment or  cause  it  to  be  made.  In  making  such  re-assess- 
ment the  commission  may  determine  whether  the  values 
determined  shall  be  used  for  the  assessment  of  taxes  for  the 
year  in  which  the  re-assessment  is  made  or  for  the  assessment 
to  be  made  in  the  succeeding  year. 

2.  Takes    Effect.     This    act    shall    take    effect    upon    its 
•  passage. 

[Approved  August  5,  1955.] 


CHAPTER  298. 

AN  ACT  RELATIVE  TO  CARRYING  WEAPONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Carrying  Weapons.  Amend  section  27  of  chapter  455  of 
the  Revised  Laws  (section  27,  chapter  585,  RSA)  by  inserting 
after  the  word  "stiletto"  in  the  second  line  the  words,  switch 
knife,  sword  cane,  pistol  cane,  black  jack,  so  that  said  section 
as  amended  shall  read  as  follows:  27.  Carrying  Weapons. 
Whoever,  except  as  provided  by  the  laws  of  this  state,  carries 
on  his  person  any  stiletto,  switch  knife,  sword  cane,  pistol 


466  Chapters  299,  300  [1955 

cane,  black  jack,  dagger,  dirk-knife,  slung  shot  or  metallic 
knuckles,  shall  be  fined  not  more  than  one  hundred  dollars,  or 
be  imprisoned  not  more  than  one  year,  or  both;  and  such 
weapon  or  article  so  carried  by  him  shall  be  confiscated  to  the 
use  of  the  state. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  299. 


AN  ACT  RELATIVE  TO  EXPENSES  OF  MEMBERS  OF  COMMISSION  ON 
INTERSTATE  COOPERATION. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Compensation.  Amend  section  4  of  chapter  145,  Laws 
of  1935  (section  4,  chapter  19,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following :  4.  Com- 
pensation. The  members  of  said  commission  on  interstate 
cooperation  shall  serve  without  compensation.  The  members  of 
said  commission  from  the  general  court  shall  be  entitled  to 
reimbursement  for  their  reasonable  expenses  when  on  oflScial 
duties  as  such  members,  provided  however  said  reimbursement 
expenses  are  approved  by  the  speaker  of  the  house  of  repre- 
sentatives for  not  more  than  three  members  on  the  commission 
from  the  house  and  by  the  president  of  the  senate  for  not  more 
than  three  members  on  the  commission  from  the  senate.  Said 
reimbursement  shall  be  a  charge  upon  the  legislative  funds, 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  300. 

AN  ACT  RELATING  TO  THE  NUMBER  OF  LIVES  COVERED  BY  GROUP 

LIFE  INSURANCE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Group  Life  Insurance.      Amend  subparagraph    (c)    of 


1955]  Chapter  301  467 

paragraph  (1)  of  section  14-a  of  chapter  327  of  the  Revised 
Laws,  as  inserted  by  chapter  175  of  the  Laws  of  1947  (sec- 
tion 15,  chapter  408,  RSA)  as  amended  by  section  1,  chapter 
79,  Laws  of  1955,  by  striking  out  the  word  "twenty-five"  and 
inserting  in  place  thereof  the  word,  ten,  so  that  said  sub- 
paragraph as  amended  shall  read  as  follows :  (c)  The  policy 
must  cover  at  least  ten  employees  at  date  of  issue. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  301. 

AN  ACT  MODIFYING  THE  EMPLOYEES'  RETIREMENT  SYSTEM  OF  THE 

STATE  OF  New  Hampshire  and  correlating  its  benefits 

WITH  federal  old-age  AND  SURVIVORS  INSURANCE 
BENEFITS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

PART  I. 

Declaration  of  Policy 
1.  Declaration  of  Policy.  It  is  the  purpose  of  the  legis- 
lature in  the  enactment  hereof  to  provide  a  means  whereby  the 
employees  and  officials  of  the  state  and  of  its  political  sub- 
divisions who  are  now  members  or  eligible  to  be  members 
of  the  state  employees'  retirement  system  may  acquire  the 
benefits  available  through  the  old-age  and  survivors  provisions 
of  title  II  of  the  federal  Social  Security  Act  while  at  the  same 
time  retaining  certain  advantages  of  their  present  retirement 
plan.  It  is  a  further  purpose  of  the  legislature  in  the  enactment 
hereof  to  secure  to  the  state  such  financial  benefits  as  may 
accrue  to  it  through  the  adoption  of  a  retirement  plan  for  its 
employees  and  officials  of  which  old-age  and  survivors  in- 
surance is  a  part. 

PART  II. 

Statute  Amended;  Referenda 
1.     No  Impairment  of  Benefits.     Amend  section  1  of  chap- 


468  Chapter  301  [1955 

ter  234  of  the  Laws  of  1951  (section  1,  chapter  101,  RSA)  by 
adding  at  the  end  thereof,  the  words:  It  is  also  the  pohcy  of 
the  legislature  that  the  protection  afforded  employees  in  posi- 
tions covered  by  a  retirement  system  on  the  date  an  agreement 
under  this  act  is  made  applicable  to  service  performed  in  such 
positions,  or  receiving  periodic  benefits  under  such  retirement 
system  at  such  time,  will  not  be  impaired  as  a  result  of  making 
the  agreement  so  applicable  or  as  a  result  of  legislative  enact- 
ment in  anticipation  thereof,  so  that  said  section  as  amended 
shall  read  as  follows:  1.  Declaration  of  Policy.  In  order  to 
extend  to  employees  of  the  state  and  its  political  subdivisions 
and  to  the  dependents  and  survivors  of  such  employees,  the 
basic  protection  accorded  to  others  by  the  old-age  and  sur- 
vivors insurance  system  embodied  in  the  Social  Security  Act, 
it  is  hereby  declared  to  be  the  policy  of  the  general  court, 
subject  to  the  limitations  of  this  act,  that  such  steps  be  taken 
as  to  provide  such  protection  to  employees  and  officials  of  the 
state  and  its  political  subdivisions  on  as  broad  a  basis  as  is 
permitted  under  the  Social  Security  Act,  except  as  may  be 
otherwise  specifically  limited  herein.  It  is  also  the  policy  of  the 
legislature  that  the  protection  afforded  employees  in  positions 
covered  by  a  retirement  system  on  the  date  an  agreement 
under  this  act  is  made  applicable  to  service  performed  in  such 
positions,  or  receiving  periodic  benefits  under  such  retirement 
system  at  such  time,  will  not  be  impaired  as  a  result  of  making 
the  agreement  so  applicable  or  as  a  result  of  legislative  enact- 
ment in  anticipation  thereof, 

2.  Employment  Defined.  Amend  paragraph  II  of  section  2 
of  chapter  234  of  the  Laws  of  1951  (paragraph  II,  section  2, 
chapter  101,  RSA)  by  striking  out  said  paragraph  and  insert- 
ing in  place  thereof  the  following:  II.  The  term  "employ- 
ment" means  any  service  performed  by  an  employee  or  official 
in  the  employ  of  the  state,  or  any  political  subdivision  thereof, 
for  such  employer,  except  (1)  service  which  in  the  absence 
of  an  agreement  entered  into  under  this  act  would  constitute 
"employment"  as  defined  in  the  Social  Security  Act;  or  (2) 
service  which  under  the  Social  Security  Act  may  not  be  in- 
cluded in  an  agreement  between  the  state  and  the  Secretary 
of  Health,  Education  and  Welfare  entered  into  under  this  act, 
or  (3)  service  performed  by  members  and  those  eligible  to  be 
members  of  the  teachers'  retirement  system,  policemen's  re- 


1955]  Chapter  301  469 

tirement  system  and  firemen's  retirement  system;  or  (4) 
service  of  an  emergency  nature;  or  (5)  service  performed  by 
a  student  as  provided  in  section  218  (c)  (5)  of  the  Social 
Security  Act;  or  (6)  service  in  any  class  or  classes  of  positions 
filled  by  popular  election  and  any  class  or  classes  of  positions 
the  compensation  for  which  is  on  a  fee  basis,  performed  (A) 
by  an  employee  of  the  state,  or  (B)  as  so  provided  in  the  plans 
submitted  under  section  5,  by  a  political  subdivision  of  the 
state,  by  an  employee  of  such  subdivision.  Service  which  under 
the  Social  Security  Act  may  be  included  in  an  agreement  only 
upon  certification  by  the  governor  in  accordance  with  section 
218  (d)  (3)  of  that  act  shall  be  included  in  the  term  "employ- 
ment" if  and  when  the  governor  issues,  with  respect  to  such 
service,  a  certificate  to  the  Secretary  of  Health,  Education  and 
Welfare  pursuant  to  paragraph  II  of  section  13  hereof  as  here- 
inafter inserted. 

3.  Political  Subdivisions.  Amend  paragraph  VI  of  sec- 
tion 2  of  chapter  234  of  the  Laws  of  1951  (paragraph  VI, 
section  2,  chapter  101,  RSA)  by  adding  at  the  end  thereof  the 
following  words,  said  term  also  includes  a  supervisory  union; 
so  that  said  paragraph  as  amended  shall  read  as  follows :  VI. 
The  term  "political  subdivision"  includes  an  instrumentality  of 
a  state,  of  one  or  more  of  its  political  subdivisions,  or  of  a 
state  and  one  or  more  of  its  political  subdivisions,  but  only  if 
such  instrumentality  is  a  juristic  entity  which  is  legally 
separate  and  distinct  from  the  state  or  subdivision  and  only 
if  its  employees  are  not  by  virtue  of  their  relation  to  such 
juristic  entity  employees  of  the  state  or  subdivision.  Said  term 
also  includes  a  supervisory  union. 

4.  Retroactive  Ck)verage.  Amend  subparagraph  (3)  of 
paragraph  I  of  section  3  of  chapter  234  of  the  Laws  of  1951 
as  amended  by  chapter  89,  Laws  of  1953,  (subparagraph  (3), 
paragraph  I,  section  3,  chapter  101,  RSA)  by  adding  at  the 
end  thereof  the  words,  except  that  a  modification  entered  into 
after  December  31,  1954,  and  prior  to  January  1,  1958,  may  be 
effective  with  respect  to  services  performed  after  December  31, 
1954,  or  after  a  later  date  specified  in  such  modification,  so 
that  said  subparagraph  as  amended,  shall  read  as  follows: 
(3)  Such  agreement  or  modification  of  the  agreement  shall 
be  effective  with  respect  to  services  performed  after  an  effec- 


470  Chapter  301  [1955 

tive  date  specified  in  such  agreement  or  modification,  but  in 
no  case  prior  to  January  1,  1951,  and  in  no  case  (other  than 
in  the  case  of  an  agreement  or  modification  agreed  to  prior 
to  January  1,  1954)  prior  to  the  first  day  of  the  calendar  year 
in  which  such  agreement  or  modification,  as  the  case  may  be, 
is  agreed  to  by  the  Secretary  of  Health,  Education  and  Welfare 
and  the  state  except  that  a  modification  entered  into  after 
December  31,  1954,  and  prior  to  January  1,  1958,  may  be  effec- 
tive with  respect  to  services  performed  after  December  31, 
1954,  or  after  a  later  date  specified  in  such  modification. 

5.  Retirement  System  as  Separate  Systems.  Amend  sec- 
tion 3  of  chapter  234  of  the  Laws  of  1951  (section  3,  chapter 
101,  RSA)  by  inserting  at  the  end  thereof  the  following  new 
paragraph:  III.  Employees'  Retirement  System.  Pursuant 
to  section  218  (d)  (6)  of  the  Social  Security  Act,  the  em- 
ployees' retirement  system  of  the  state  of  New  Hampshire 
shall,  for  the  purposes  of  this  act,  be  deemed  to  constitute  a 
separate  retirement  system  with  respect  to  the  state  and  a 
separate  retirement  system  with  respect  to  each  political  sub- 
division which  has,  or  on  September  1,  1954,  had  positions 
covered  thereby,  provided  however,  that  in  the  case  of  any 
such  political  subdivision  which  has  no  employees  eligible  to 
vote  in  a  referendum,  as  eligibility  is  defined  in  section  218 
(d)  (3)  of  the  Social  Security  Act,  such  political  subdivision 
shall  be  deemed  a  part  of  another  political  subdivision  having 
positions  covered  by  said  employees'  retirement  system  as  the 
governor  may  designate,  and  the  employees'  retirement  system 
of  the  state  of  New  Hampshire,  with  respect  to  any  combina- 
tion of  political  subdivisions  so  formed,  shall  likewise  be 
deemed  a  separate  retirement  system. 

6.  Referenda  and  Certification.  Amend  chapter  234  of  the 
Laws  of  1951  (chapter  101,  RSA)  by  inserting  at  the  end 
thereof  the  following  new  section :  13.  Procedure.  I.  Refer- 
endum. With  respect  to  employees  of  the  state  the  governor 
is  empowered  to  authorize  a  referendum,  and  with  respect  to 
the  employees  of  any  political  subdivision  he  shall  authorize 
a  referendum  upon  request  of  the  governing  body  of  such 
subdivision  except  as  otherwise  provided  herein;  and  in  either 
case  the  referendum  shall  be  conducted,  and  the  governor  shall 
designate  an  agency  or  individual  to  supervise  its  conduct,  in 
accordance  with  the  requirements  of  section  218  (d)    (3)  of 


1955]  Chapter  301  471 

the  Social  Security  Act,  on  the  question  of  whether  service  in 
positions  covered  by  a  retirement  system  estabhshed  by  the 
state  or  by  a  political  subdivision  thereof  should  be  excluded 
from  or  included  under  an  agreement  under  this  act.  In  the 
case  of  the  referendum  with  respect  to  the  employees  of  the 
state,  the  conduct  thereof  shall  be  governed  by  such  rules  as 
the  governor,  after  consultation  with  the  representatives  of 
employee  organizations,  shall  approve.  The  notice  of  refer- 
endum required  by  section  218  (d)  (3)  (C)  of  the  Social 
Security  Act  to  be  given  to  employees  shall  contain  or  shall 
be  accompanied  by  a  statement,  in  such  form  and  such  detail 
as  the  governor  shall  deem  necessary  and  sufficient,  to  inform 
the  employees  of  the  rights  which  will  accrue  to  them  and 
their  dependents  and  survivors,  and  the  liabilities  to  which 
they  will  be  subject,  if  their  services  are  included  under  an 
agreement  under  this  act. 

IT.  Certification.  Upon  receiving  evidence  satisfactory 
to  him  that  with  respect  to  any  such  referendum  the  conditions 
specified  in  section  218  (d)  (3)  of  the  Social  Security  Act  have 
been  met,  the  governor  shall  so  certify  to  the  Secretary  of 
Health,  Education  and  Welfare. 

III.  Order  of  Referenda.  No  referendum  shall  be  held 
hereunder  with  respect  to  the  employees  of  any  political  sub- 
division until  the  referendum  authorized  herein  with  respect 
to  the  employees  of  the  state  shall  have  been  conducted  and 
the  result  thereof  determined.  In  the  event  that  the  employees 
of  the  state  in  said  referendum  shall  vote  in  favor  of  including 
service  in  positions  covered  by  the  employees'  retirement  sys- 
tem of  the  state  of  New  Hampshire  with  respect  to  the  state 
under  an  agreement  under  this  act,  the  governor,  upon  the 
determination  of  such  vote  and  without  further  directive  or 
request,  shall  forthwith  authorize  a  referendum  with  respect 
to  each  of  the  political  subdivisions  having  positions  covered 
by  said  employees'  retirement  system. 

PART  III. 
Old-Age  and  Survivors  Insurance 

1.  Definitions:  I.  As  used  in  this  part,  the  following 
words  and  phrases  shall  be  construed  as  indicated  below,  unless 
the  context  plainly  requires  otherwise. 


472  Chapter  301  [1955 

"Chapter  234"  shall  mean  and  refer  to  chapter  234  of  the 
Laws  of  1951,  as  amended. 

"Chapter  27-A"  shall  mean  and  refer  to  chapter  27-A  of 
the  Revised  Laws  as  inserted  by  chapter  183  of  the  Laws  of 
1945,  as  amended. 

"Contribution  fund"  shall  mean  and  refer  to  the  contribu- 
tion fund  established  by  section  6  of  chapter  234. 

"Employees'  retirement  system"  shall  mean  and  refer  to 
the  employees'  retirement  system  of  the  state  of  New  Hamp- 
shire as  established  by  chapter  27-A. 

"Trustees"  shall  mean  and  refer  to  the  trustees  of  the 
employees'  retirement  system. 

XL  The  provisions  of  section  2  of  chapter  234  shall  apply 
to  this  part ;  and  the  several  words  and  phrases  defined  in  said 
section  when  used  herein  shall  have  the  meaning  specified  in 
said  section,  unless  the  context  plainly  requires  otherwise. 

,2.  Modification  Authorized.  Whenever  following  the  refer- 
endum with  respect  to  the  employees  of  the  state  authorized 
in  paragraph  I  of  section  13  of  chapter  234  as  inserted  here- 
inbefore, it  shall  appear  that  said  employees  have  voted  in 
favor  of  including  service  in  positions  covered  by  the  em- 
ployees' retirement  system  under  an  agreement  under  said 
chapter  234,  and  it  shall  further  appear  that  the  governor  has 
filed  with  the  Secretary  of  Health,  Education  and  Welfare  with 
respect  to  said  referendum  the  certificate  required  by  para- 
graph n  of  said  section  13,  the  state  agency  shall  forthwith 
request  the  Secretary  of  Health,  Education  and  Welfare  to 
effect  a  modification  of  the  agreement  between  the  state  and 
the  Secretary  of  Health,  Education  and  Welfare  made  under 
the  provisions  of  said  chapter  so  as  to  include  under  said 
agreement  service  which  under  said  chapter  constitutes  em- 
ployment performed  in  the  employ  of  the  state.  Such  modifica- 
tion shall  be  entered  into  as  of  June  30,  1956,  and  shall  be 
effective  with  respect  to  service  performed  after  December  31, 
1954. 

3.  Financing  Retroactive  Coverage.  I.  The  amounts  pay- 
able by  the  state  into  the  contribution  fund  with  respect  to 
services  performed  in  the  employ  of  the  state  after  December 
31,  1954,  and  prior  to  July  1,  1956,  are  hereby  made  a  charge 
upon  the  state  annuity  accumulation  fund  as  established  by 


1955]  Chapter  301  473 

paragraph  III  of  section  13  of  chapter  27-A,  As  soon  as  such 
amounts  shall  be  ascertained,  the  state  agency  shall  certify 
such  amount  to  the  trustees  and  the  trustees  shall  forthwith 
cause  said  amount  to  be  paid  into  the  contribution  fund. 

II.  If  following  the  referendum  with  respect  to  the  em- 
ployees of  the  state  authorized  in  paragraph  I  of  section  13 
of  chapter  234  as  inserted  hereinbefore,  it  shall  appear  that 
said  employees  have  voted  in  favor  of  including  service  in 
positions  covered  by  the  employees'  retirement  system  under 
an  agreement  under  said  chapter  234,  the  governor  is  hereby 
authorized  to  issue  an  executive  order  directing  that  there 
shall  bd  made  a  special  deduction  from  the  compensation  of 
each  employee,  in  consideration  of  his  retention  in  or  entry 
upon  employment  after  the  issuance  of  such  order,  in  an 
amount  which  shall  equal  to  the  tax  which  would  be  imposed 
by  section  3101  of  the  Federal  Insurance  Contributions  Act 
with  respect  to  services  performed  by  him  in  the  employ  of 
the  state  after  December  31,  1954  and  prior  to  July  1,  1956, 
if  such  services  of  such  employee  with  respect  to  such  period 
constituted  employment  within  the  meaning  of  said  act.  Such 
special  deductions  shall  be  made  in  installments  with  respect 
to  the  several  payrolls  between  the  date  of  said  executive  order 
and  July  1,  1956,  and  the  amount  deducted  shall  be  held  to 
the  credit  of  each  employee.  Any  such  employee  who  shall 
•leave  the  employ  of  the  state  prior  to  June  30,  1956,  shall 
have  returned  to  him  the  entire  amount  of  such  special  deduc- 
tion, without  interest.  The  amount  thus  deducted  with  respect 
to  employees  who  shall  be  in  the  service  of  the  state  on  June 
30,  1956,  shall  be  paid  into  the  contribution  fund,  and  shall 
thereafter  be  paid  out  by  the  state  agency  in  accordance  with 
said  chapter  234  with  respect  to  service  performed  by  each 
such  employee  after  December  31,  1954,  and  prior  to  July  1, 
1956. 

4.  Biennial  Appropriations.  On  or  before  the  first  day  of 
October  next  preceding  each  regular  session  of  the  legislature, 
the  state  agency  shall  certify  to  the  comptroller  the  amounts 
which  will  become  due  and  payable  by  the  state  into  the  con- 
tribution fund  during  the  biennium  next  following  on  account 
of  the  modification  of  agreement  authorized  in  this  part,  and 
it  shall  be  the  duty  of  the  comptroller  in  preparing  the  execu- 
tive budget  for  the  ensuing  biennium  to  include  in  the  budget 


474  Chapter  301  [1955 

the  amounts  so  certified,  which  amounts  shall  be  appropriated 
by  the  legislature.  The  state  agency  shall  from  time  to  time 
certify  to  the  comptroller  the  amount  of  such  appropriation 
for  such  year  which  is  at  that  time  required  to  be  paid  into 
the  contribution  fund.  The  governor  and  council  shall  season- 
ably thereafter  draw  a  warrant  or  warrants  for  the  amounts 
so  certified ;  and  the  treasurer  upon  the  receipt  of  such  warrant 
shall  forthwith  transfer  the  amounts  specified  therein  to  the 
contribution  fund.  The  provisions  of  this  section  shall  not  apply 
with  respect  to  the  fiscal  year  beginning  July  1,  1956,  and 
ending  June  30,  1957. 

5.  Initial  Financing.  The  amounts  which  the  state  shall 
be  required  to  pay  into  the  contribution  fund  pursuant  to  the 
modification  of  agreement  herein  authorized  with  respect  to 
service  performed  in  the  employ  of  the  state  for  the  fiscal  year 
beginning  on  July  1,  1956,  and  ending  on  June  30,  1957,  shall 
be  provided  in  the  manner  following.  The  trustees  as  soon  as 
practicable,  but  not  later  than  July  31,  1956,  shall  estimate 
the  amount  by  which  the  sums  appropriated  by  the  legislature, 
including  those  to  be  paid  both  from  general  funds  and  from 
special  funds,  for  the  purposes  of  the  employees'  retirement 
system  of  the  state  of  New  Hampshire  during  said  fiscal  year, 
shall  reasonably  be  expected  to  exceed  the  sum  which  shall  be 
required  for  such  purposes  as  a  result  of  the  amendments  of 
chapter  27-A  made  by  this  act ;  and  they  shall  notify  the  state 
agency  of  such  amount.  The  state  agency  shall  thereafter, 
from  time  to  time  request  the  trustees  to  transfer  from  said 
excess  into  the  contribution  fund  the  amount  which  the  state 
shall  at  that  time  be  required  to  pay  into  said  contribution 
fund ;  and  upon  such  request  it  shall  be  the  duty  of  the  trustees 
to  certify  said  amount  to  the  governor  and  council,  conform- 
ably as  nearly  as  may  be  to  the  provisions  of  paragraph  V  of 
section  13  of  chapter  27-A,  and  the  governor  and  council  shall 
forthwith  draw  a  warrant  or  warrants  for  the  amount  so  certi- 
fied, requiring  the  treasurer  to  transfer  said  amount,  in  the 
aggregate  up  to,  but  not  exceeding,  the  amount  of  such  excess 
to  the  contribution  fund.  In  order  to  provide  such  further  sums 
as  the  state  may  be  required  to  pay  into  the  contribution  fund 
during  said  fiscal  year,  the  trustees  are  authorized  and  directed, 
upon  the  certification  of  the  state  agency,  to  transfer  the 


1955]  Chapter  301  475 

amount  of  such  further  sums  from  the  state  annuity  accumu- 
lation fund  hereinbefore  referred  to. 

6.  Coverage  in  Political  Subdivisions.  Whenever  following 
a  referendum  with  respect  to  the  employees  of  a  political  sub- 
division authorized  by  the  governor  under  the  provisions  of 
paragraph  III  of  section  13  of  chapter  234  as  hereinbefore  in- 
serted, it  shall  appear  that  said  employees  have  voted  in  favor 
of  including  service  in  positions  covered  by  the  employees' 
retirement  system  with  respect  to  said  political  subdivision 
under  an  agreement  under  said  chapter  234,  and  it  shall  further 
appear  that  the  governor  has  filed  with  the  Secretary  of  Health, 
Education  and  Welfare  with  respect  to  said  referendum  the 
certificate  required  by  paragraph  II  of  said  section  13,  it  shall 
be  deemed  that  said  political  subdivision  has  submitted  for 
approval  by  the  state  agency  a  plan  for  extending  the  benefits 
of  title  II  of  the  Social  Security  Act  in  conformity  with  appli- 
cable provisions  of  such  act  to  the  employees  of  such  political 
subdivision,  and  has  otherwise  adopted  the  provisions  of  chap- 
ter 234  for  the  purposes  of  section  7  of  said  chapter.  Notwith- 
standing any  other  provisions  of  this  act,  such  plan  shall  be 
in  the  form  of  the  plans  now  in  eff"ect  with  respect  to  the 
several  political  subdivisions  which  have  elected  to  extend  such 
benefits  to  their  employees,  and  shall  contain  like  provisions, 
except  that  service  of  an  emergency  nature  and  service  per- 
formed by  a  student  as  provided  in  section  218  (c)  (5)  of  the 
Social  Security  Act  shall  not  be  covered  by  the  plan;  and  the 
state  agency  shall  forthwith  request  the  Secretary  of  Health, 
Education  and  Welfare  to  effect  a  modification  of  the  agree- 
ment between  the  state  and  the  Secretary  of  Health,  Educa- 
tion and  Welfare  made  under  the  provisions  of  said  chapter 
so  as  to  include  under  said  agreement  service  which  under  said 
chapter  constitutes  employment  performed  in  the  employ  of 
said  political  subdivision.  Such  modification  shall  be  entered 
into  as  of  June  30,  1956,  and  shall  be  effective  with  respect 
to  service  performed  after  December  31,  1954. 

7.  Obligations  of  Subdivisions.  I.  Whenever  pursuant  to 
the  foregoing  section  the  state  agency  shall  request  a  modifica- 
tion of  the  agreement  between  the  state  and  the  Secretary  of 
Health,  Education  and  Welfare  with  respect  to  the  employees 
of  a  political  subdivision,  said  agency  shall  thereupon  ascertain 


476  Chapter  301  [1955 

the  amounts  payable  into  the  contribution  fund  by  said  sub- 
division with  respect  to  service  performed  after  December  31, 
1954,  and  prior  to  July  1,  1956,  and  shall  certify  said  amounts 
to  the  clerk  of  such  political  subdivision.  The  amounts  so 
certified  shall  be  deemed  to  be  a  judgment  against  the  political 
subdivision  and  shall,  without  vote  of  the  political  subdivision 
or  its  governing  body,  be  paid  by  the  officers  thereof  authorized 
to  make  payment  in  the  case  of  a  levy  of  execution  against  said 
political  subdivision. 

XL  Any  such  political  subdivision  is  authorized  to  collect, 
whether  by  payroll  deduction  or  otherwise,  from  each  employee 
with  respect  to  whose  service  a  contribution  has  been  made  or 
may  reasonably  be  expected  to  be  made  as  required  in  para- 
graph I  hereof  an  amount  equal  to  the  tax  which  would  be 
imposed  by  section  3101  of  Federal  Insurance  Contributions 
Act  with  respect  to  service  performed  by  him  after  December 
31,  1954,  and  prior  to  July  1,  1956,  if  such  service  of  such  em- 
ployee with  respect  to  such  period  constituted  employment 
within  the  meaning  of  said  act.  Provided,  however,  that  such 
sum  may  be  collected  only  if  the  employee  is  in  the  employ  of 
the  political  subdivision  on  June  30,  1956,  and  provided  further 
that  if  said  sum  or  any  part  thereof  shall  be  collected  prior  to 
July  1,  1956,  the  sum  so  collected  shall  be  returned  to  the 
employee,  without  interest,  if  the  employee  shall  leave  the  em- 
ploy of  the  political  subdivision  prior  to  June  30,  1956.  The 
failure  of  the  political  subdivision  to  collect  such  sum  with 
respect  to  each  employee  in  its  employ  on  June  30,  1956,  shall 
not  relieve  said  subdivision  of  its  obligation  to  pay  into  the 
contribution  fund  the  entire  amount  certified  under  paragraph 
I  hereof. 

8.     Appropriation  for  Administrative  Costs.     The  sum  of 

three  thousand  dollars,  or  so  much  thereof  as  may  be  required, 
is  hereby  appropriated  for  the  purpose  of  meeting  the  state's 
pro  rata  share  of  administrative  costs,  with  respect  to  its  own 
employees,  required  by  section  7  of  chapter  234,  and  the  gov- 
ernor is  authorized  to  draw  his  warrants  for  the  sum  hereby 
appropriated  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 


1955]  Chapter  301  477 

PART  IV. 

Modification  of  the  Employees'  Retirement  System 
of  the  State  of  JNew  Hampshire 

1.  Definitions.  Amend  section  1  of  chapter  27-A  of  the 
Revised  Laws,  as  inserted  by  chapter  183  of  the  Laws  of  1945 
(section  1,  chapter  100,  RSA)  by  inserting  after  paragraph 
XXI  thereof  the  following  new  paragraph :  XXIL  "Primary 
insurance  amount"  shall  mean  the  amount  which  a  retired 
member  may  be  entitled  to  receive  as  a  primary  insurance 
amount  under  title  II  of  the  Social  Security  Act,  as  now  in 
effect  or  as  hereafter  amended,  even  though  such  amount  or 
any  part  thereof  is  not  actually  received  by  such  retired  mem- 
ber because  of  his  failure  to  make  application  therefor,  or 
because  of  his  having  rendered  service  during  the  period  for 
which  such  benefit  would  otherwise  be  payable,  or  for  any  other 
reason.  XXIII.  "Survivor's  insurance  benefit"  shall  mean  the 
amount  payable  under  title  II  of  the  Social  Security  Act  as  now 
in  effect  or  hereafter  amended,  to  any  person  or  persons  on 
account  of  the  death  of  the  member,  even  though  such  amount 
or  any  part  thereof  is  not  actually  received  by  such  person 
because  of  his  failure  to  make  application  therefor,  or  because 
of  his  having  rendered  service  during  the  period  for  which 
such  benefit  would  otherwise  be  payable,  or  for  any  other 
reason.  XXIV.  "Date  of  modification"  shall  mean  and  refer 
to  July  1,  1956. 

2.  Present  Employees  of  the  State.  Amend  section  3  of 
chapter  27-A  of  the  Revised  Laws  as  inserted  by  chapter  183 
of  the  Laws  of  1945  (chapter  100,  RSA)  by  inserting  after 
paragraph  VI  thereof  the  following  new  paragraph:  VII. 
Each  employee  of  the  state  who  is  a  member  of  the  system 
on  the  date  of  modification  and  who  became  a  member  of  the 
system  after  the  date  of  establishment  shall  be  and  be  deemed 
to  be  a  member  of  the  system  as  of  the  date  of  modification ; 
and  each  employee  of  the  state  who  is  a  member  of  the  system 
on  the  date  of  modification  and  who  became  a  member  as  of 
the  date  of  establishment  shall  be  and  be  deemed  to  be  a  mem- 
ber of  the  system  as  of  the  date  of  modification  unless  within 
thirty  days  after  the  date  of  modification  he  files  notice  with 
the  board  of  trustees  waiving  all  present  and  prospective  bene- 
fits under  the  system,  in  which  case  his  accumulated  contribu- 


478  Chapter  301  [1955 

tions  made  prior  to  the  date  of  modification  shall  be  returned 
to  him.  Any  such  employee  who  so  elects  not  to  be  a  member 
as  of  the  date  of  modification  may  thereafter  apply  for  and 
be  admitted  to  membership  but  without  credit  for  service 
rendered  prior  to  the  time  he  is  admitted  to  membership. 

3.  Service  Retirement  Benefits.  Amend  subparagraphs 
(b)  and  (c)  of  paragraph  II  of  section  5  of  chapter  27-A  of  the 
Revised  Laws  as  inserted  by  chapter  183  of  the  Laws  of  1945, 
(subparagraphs  (b)  and  (c),  paragraph  II,  section  6,  chapter 
100,  RSA)  by  striking  out  said  subparagraphs  and  inserting 
in  place  thereof  the  following:  (b)  A  state  annuity  which 
together  with  his  employee  annuity  shall  be  equal  to  the  sum 
of  the  following:  (1)  thirty  per  cent  of  his  average  final 
compensation  in  excess  of  one  thousand  two  hundred  dollars 
but  not  in  excess  of  four  thousand  two  hundred  dollars,  plus 
(2)  fifty  per  cent  of  the  portion  of  his  average  final  compensa- 
tion in  excess  of  four  thousand  two  hundred  dollars;  except 
that  if  he  has  less  than  thirty-five  years  of  creditable  service, 
his  state  annuity,  together  with  his  employee  annuity,  shall  be 
such  proportion  of  said  sum  as  the  number  of  his  years  of 
creditable  service  bears  to  thirty-five.  Provided,  however,  that 
in  the  case  of  a  member  with  thirty-five  or  more  years  of 
creditable  service  the  state  annuity  shall  be  in  such  amount  as, 
together  with  his  employee  annuity  and  his  primary  insurance 
amount  shall  be  at  least  equal  to  fifty  per  cent  of  his  average 
final  compensation,  and  in  the  case  of  a  member  with  less  than 
thirty-five  years  of  creditable  service  the  state  annuity  shall 
be  in  such  amount  as,  together  with  his  employee  annuity  and 
his  primary  insurance  amount,  shall  be  at  least  equal  to  the 
proportion  of  fifty  per  cent  of  his  average  final  compensation 
which  his  period  of  creditable  service  bears  to  thirty-five,  (c) 
If  the  member  has  less  than  thirty-five  years  of  creditable 
service  and  is  retired  on  or  after  the  attainment  of  age  seventy, 
an  additional  state  annuity  in  an  amount,  to  be  set  by  the 
governor  and  council,  not  in  excess  of  the  retirement  allowance 
provided  in  subparagraphs  (a)  and  (b)  hereof,  nor  in  excess 
of  an  amount  which  when  added  to  the  retirement  allowance 
provided  under  said  subparagraphs  shall  equal  the  retirement 
allowance  that  would  have  been  provided  under  said  subpara- 
graphs if  the  member  had  had  thirty-five  years  of  creditable 
service. 


1955]  Chapter  301  479 

4.  Disability  Retirement  Benefits.  Amend  paragraph  II  of 
section  6  of  chapter  27-A  of  the  Revised  Laws  as  inserted  by 
chapter  183  of  the  Laws  of  1945,  (paragraph  II,  section  7, 
chapter  100,  RSA)  by  striking  out  said  paragraph  and  insert- 
ing in  place  thereof  the  following:  II.  Upon  ordinary  dis- 
ability retirement  the  member  shall  receive  a  service  retire- 
ment allowance  if  he  has  attained  age  sixty-five ;  otherwise  he 
shall  receive  an  ordinary  disability  retirement  allowance  which 
shall  consist  of: 

(a)  An  employee  annuity  which  shall  be  the  actuarial 
equivalent  of  his  accumulated  contributions  at  the  time  of 
retirement;  and 

(b)  A  state  annuity  payable  prior  to  age  sixty-five  which, 
together  with  his  employee  annuity,  shall  be  equal  to  forty-five 
per  cent  of  his  average  final  compensation,  except  that  if  he 
has  less  than  thirty-five  years  of  creditable  service,  such  state 
annuity,  together  with  his  employee  annuity,  shall  be  equal 
to  such  proportion  of  forty-five  per  cent  of  his  average  final 
compensation  as  the  number  of  his  years  of  creditable  service 
bears  to  thirty-five,  if  such  retirement  allowance  exceeds 
twenty-five  per  cent  of  his  average  final  compensation;  other- 
wise a  state  annuity  which,  together  with  his  employee  annuity, 
shall  be  equal  to  twenty-five  per  cent  of  his  average  final  com- 
pensation, provided,  however,  that  such  allowance  shall  not 
exceed  forty-five  per  cent  of  his  average  final  compensation, 
except  that  if  he  would  have  less  than  thirty-five  years  of 
creditable  service  if  he  continued  in  service  to  age  sixty-five, 
such  allowance  shall  not  exceed  such  proportion  of  forty-five 
per  cent  of  his  average  final  compensation  as  the  number  of 
years  of  creditable  service  he  would  have  if  he  continued  in 
service  to  age  sixty-five  bears  to  thirty-five;  and 

(c)  A  state  annuity  payable  after  age  sixty-five  which, 
together  with  his  employee  annuity,  shall  be  equal  to  ninety 
per  cent  of  the  service  retirement  allowance  that  would  be  pay- 
able to  him  on  the  basis  of  his  average  final  compensation  and 
creditable  service  at  the  time  of  his  ordinary  disability  retire- 
ment, if  such  retirement  allowance  exceeds  an  amount  which, 
together  with  his  primary  insurance  amount,  shall  be  equal  to 
the  ordinary  disability  retirement  allowance  payable  prior  to 
age  sixty-five;  otherwise,  a  state  annuity  which,  together  with 
his  employee  annuity  and  his  primary  insurance  amount,  shall 


480  Chapter  301  [1955 

be  equal  to  the  ordinary  disability  allowance  payable  prior  to 
age  sixty-five. 

5.  Accidental  Disability.  Amend  paragraph  IV  of  section 
6  of  chapter  27-A  of  the  Revised  Laws  as  inserted  by  chapter 
183  of  the  Laws  of  1945,  as  amended  by  section  1,  chapter  131, 
Laws  of  1947  (paragraph  IV,  section  7,  chapter  100,  RSA)  by 
striking  out  said  paragraph  and  inserting  in  place  thereof  the 
following  new  paragraph :  IV.  Upon  accidental  disability  re- 
tirement the  member  shall  receive  a  service  retirement  allow- 
ance if  he  has  attained  age  sixty-five ;  otherwise  he  shall  receive 
an  accidental  disability  retirement  allowance  which  shall  con- 
sist of: 

(a)  An  employee  annuity  which  shall  be  of  the  actuarial 
equivalent  of  his  accumulated  contributions  at  the  time  of 
retirement;  and 

(b)  A  state  annuity  payable  prior  to  age  sixty-five  which, 
together  with  his  employee  annuity,  shall  be  equal  to  fifty  per 
cent  of  his  average  final  compensation;  and 

(c)  A  state  annuity  payable  after  age  sixty-five  which, 
together  with  his  employee  annuity,  shall  be  equal  to  the 
service  retirement  allowance  that  would  be  payable  to  him  if 
he  continued  in  service  to  age  sixty-five  without  change  in  his 
average  final  compensation  and  had  thirty-five  or  more  years 
of  creditable  service. 

6.  Death  Resulting  from  Accident.  Amend  section  8  of 
chapter  27-A  of  the  Revised  Laws,  as  inserted  by  chapter  183 
of  the  Laws  of  1945  (section  9,  chapter  100,  RSA)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following 
new  section :  8.  Accidental  Death  Benefits.  I.  If,  upon  the 
receipt  by  the  board  of  trustees  of  proper  proofs  of  the  death 
of  a  member  in  service  indicating  that  such  death  was  the 
natural  and  proximate  result  of  an  accident  occurring  while' 
in  the  performance  of  duty  at  some  definite  time  and  place, 
and  the  board  decides  that  death  was  the  result  of  an  accident 
in  the  performance  of  duty  and  not  caused  by  wilful  negligence 
on  the  part  of  the  member,  a  state  annuity  shall  be  paid  to 
his  widow,  to  continue  during  her  widowhood;  or  if  there  is 
no  widow,  or  if  the  widow  dies  or  remarries  before  the  youngest 
child  of  the  deceased  member  has  attained  age  eighteen,  then 
to  his  child  or  children  under  said  age,  divided  in  such  manner 


1955]  Chapter  301  481 

as  the  board  in  its  discretion  shall  determine,  to  continue  as  a 
joint  and  survivorship  state  annuity  for  the  benefit  of  such 
child  or  children  under  said  age  until  every  child  dies  or  attains 
said  age ;  or  if  there  is  no  widow  nor  child  under  age  eighteen 
living  at  the  death  of  the  member,  then  to  his  dependent  father 
or  dependent  mother  as  the  board  shall  determine,  to  continue 
for  life;  or  if  the  deceased  member  is  a  female,  the  foregoing 
benefits  shall  be  payable  to  her  children  or  dependent  parents 
only  in  like  manner  and  amount;  and  provided  further  that  if 
none  of  the  aforementioned  beneficiaries  is  living  at  the  death 
of  the  member  no  benefit  shall  be  payable  under  the  provisions 
of  this  section. 

II.  Upon  the  accidental  death  of  a  member  the  amount 
of  the  state  annuity  payable  shall  be  equal  to  the  sum  of 

(a)  thirty  per  cent  of  the  portion  of  his  average  final 
compensation  in  excess  of  one  thousand  two  hundred  dollars 
but  not  in  excess  of  four  thousand  two  hundred  dollars,  and 

(b)  fifty  per  cent  of  the  portion  of  his  average  final 
compensation  in  excess  of  four  thousand  two  hundred  dollars, 
if  such  state  annuity,  together  with  any  survivors  insurance 
benefits  payable  on  account  of  the  member's  death,  shall  exceed 
fifty  per  cent  of  his  average  final  compensation ;  otherwise  the 
amount  of  the  state  annuity  payable  shall  be  such  amount  as 
together  with  any  survivors  insurance  benefits  payable  on 
"account  of  the  member's  death,  shall  be  equal  to  fifty  per  cent 
of  his  average  final  compensation. 

III.  Any  amounts  which  may  be  paid  or  payable  under 
the  provisions  of  any  workmen's  compensation  or  similar  law 
or  plan  on  account  of  the  death  of  any  member  shall,  in  such 
manner  as  the  board  of  trustees  shall  determine,  be  offset 
against  and  payable  in  lieu  of  any  state  annuity  payable  under 
the  provisions  hereof  on  account  of  the  same  death. 

7.  Contributions  by  Employees.  Amend  subparagraph  (a) 
of  paragraph  I  of  section  13  of  chapter  27-A  of  the  Revised 
Laws  as  inserted  by  chapter  183  of  the  Laws  of  1945  (sub- 
paragraph (a)  of  paragraph  I  of  section  14,  chapter  100,  RSA) 
by  striking  out  said  subparagraph  and  inserting  in  place  there- 
of the  following:  (a)  The  employee  annuity  savings  fund 
shall  be  a  fund  in  which  shall  be  accumulated  contributions 
deducted  from  the  compensation  of  members  to  provide  for 


482  Chapter  301  [1955 

their  employee  annuities.  Such  contributions  shall  be,  for  each 
member,  at  the  rate  determined  in  accordance  with  the  follow- 
ing table: 


Percentage  of  Earnable 

Age  When 

Compensation  in  Excess 

Percentage  of  Earn- 

Contributions 

of  $1,200  but  not 

able  Compensation 

Begin 

in  Excess  of  $4,200 

in  Excess  of  $4,200 

17 

2.59 

4.32 

18 

2.66 

4.43 

19 

2.72 

4.53 

20 

2.78 

4.63 

21 

2.84 

4.74 

22 

2.91 

4.85 

23 

2.98 

4.97 

24 

3.07 

5.11 

25 

3.14 

5.24 

26 

3.23 

5.38 

27 

3.33 

5.55 

28 

3.44 

5.73 

29 

3.55 

5.91 

30 

3.67 

6.12 

31 

3.71 

6.18 

32 

3.74 

6.24 

33 

3.78 

6.30 

34 

3.82 

6.36 

35 

3.86 

6.44 

36 

3.91 

6.51 

37 

3.95 

6.59 

38 

4.00 

6.66 

39 

4.05 

6.75 

40 

4.10 

6.84 

41 

4.16 

6.93 

42 

4.21 

7.02 

43 

4.27 

7.11 

44 

4.32 

7.20 

45 

4.38 

7.30 

46 

4.44 

7.40 

47 

4.51 

7.51 

48 

4.57 

7.61 

49 

4.63 

7.72 

1955] 

Chapter  301 

50 

4.69 

7.82 

51 

4.76 

7.93 

52 

4.82 

8.04 

53 

4.89 

8.15 

54 

4.96 

8.27 

55 

5.03 

8.39 

56 

5.11 

8.51 

57 

5.18 

8.64 

58 

5.26 

8.76 

59 

5.33 

8.88 

60 

5.41 

9.01 

61 

5.46 

9.10 

62 

5.52 

9.20 

63 

5.59 

9.31 

64  and  Over 

5.65 

9.41 

483 


As  used  in  the  foregoing  table,  the  words  "age  when  contri- 
butions begin"  shall  mean  the  age  of  the  member  when  he  last 
became  a  member  of  the  system. 

The  board  of  trustees  shall  certify  to  each  employer,  and 
each  employer  shall  cause  to  be  deducted  from  the  compensa- 
tion of  each  member,  on  each  and  every  payroll  of  such  em- 
ployer and  every  payroll  period,  the  percentage  of  earnable 
income  applicable  to  such  member.  Each  employer  shall  certify 
to  the  board  on  each  and  every  payroll,  or  in  such  other  manner 
"as  the  board  may  prescribe,  the  amounts  deducted.  Each  of 
such  amounts  when  deducted  shall  be  paid  to  the  retirement 
system  and  credited  to  the  individual  account,  in  the  employee 
annuity  savings  fund,  of  the  member  from  whose  compensation 
the  deduction  was  made. 

8.  Additional  Allowance.  Amend  subparagraph  (c)  of 
paragraph  I  of  section  13  of  chapter  27-A  of  the  Revised  Laws 
as  inserted  by  chapter  183  of  the  Laws  of  1945,  (subparagraph 
(c)  of  paragraph  I  of  section  14,  chapter  100,  RSA)  by  striking- 
out  said  subparagraph  and  inserting  in  place  thereof  the  follow- 
ing: (c)  In  addition  to  the  contributions  deducted  from  the 
compensation  of  members  as  hereinbefore  provided,  and  sub- 
ject to  the  approval  of  the  board  of  trustees  and  to  such  rules 
and  regulations  as  the  board  may  make  with  respect  to  the 
crediting  of  interest  thereon,  any  member  may  provide  an 
additional  retirement  allowance  by  making  contributions  at 


484  Chapter  301  [1955 

an  additional  rate  not  in  excess  of  the  rate  computed  to  be 
sufficient  to  provide  an  additional  retirement  allowance  which, 
together  with  his  regular  retirement  allowance  will  result  in 
a  total  retirement  allowance  not  in  excess  of  (1)  thirty  per 
cent  of  the  portion  of  his  average  final  compensation  in  excess 
of  one  thousand  two  hundred  dollars  but  not  in  excess  of  four 
thousand  two  hundred  dollars,  plus  (2)  fifty  per  cent  of  the 
portion  of  his  average  final  compensation  in  excess  of  four 
thousand  two  hundred  dollars.  Such  additional  contributions 
shall  become  part  of  his  accumulated  contributions  except  in 
the  case  of  retirement,  when  they  shall  be  treated  as  excess 
contributions  returnable  to  the  member  in  cash  or  as  an  em- 
ployee annuity  of  equivalent  actuarial  value. 

9.  Accrued  Liability  Contribution.  Amend  subparagraph 
(c)  of  paragraph  III  of  section  13  of  chapter  27-A  of  the  Re- 
vised Laws  as  inserted  by  chapter  183  of  the  Laws  of  1945 
(subparagraph  (c)  of  paragraph  III  of  section  14  of  chapter 
100,  RSA)  by  striking  out  said  subparagraph  and  inserting  in 
place  thereof  the  following:  (c)  Immediately  after  making 
each  valuation  during  the  period  over  which  the  accrued  liabil- 
ity contribution  is  payable,  the  board  shall  determine  the  per- 
centage normal  contribution  rate  as  the  uniform  and  constant 
percentage  of  the  earnable  compensation  of  the  average  new 
entrant  member  which,  if  contributed  on  the  basis  of  his  com- 
pensation throughout  his  entire  period  of  active  service,  would 
be  sufficient  to  provide  for  the  payment  of  any  state  annuity 
payable  on  his  account  from  contributions  by  the  state;  pro- 
vided, however,  that  if  the  basis  of  determining  benefits  pay- 
able from  the  retirement  system  shall  be  substantially  changed, 
the  percentage  normal  contribution  rate  shall  be  recomputed 
to  reflect  such  change.  After  the  accrued  liability  contribution 
has  ceased  to  be  payable,  the  percentage  normal  contribution 
rate  shall  be  determined  after  each  actuarial  valuation  as  the 
rate  per  cent  of  the  earnable  compensation  of  all  members 
obtained  by  deducting  from  the  total  liabilities  of  the  state 
annuity  accumulation  fund  the  amount  of  the  funds  in  hand 
to  the  credit  of  that  fund  and  dividing  the  remainder  by  one 
per  cent  of  the  present  value  of  the  future  compensation  of 
all  members. 

10.  Rate.     Amend  subparagraph  (d)  of  paragraph  III  of 


1955]  Chapter  301  485 

section  13  of  chapter  27-A  of  the  Revised  Laws  as  inserted  by 
chapter  183  of  the  Laws  of  1945  (subparagraph  (d)  of  para- 
graph III  of  section  14  of  chapter  100,  RSA)  by  striking  out 
said  subparagraph  and  inserting  in  place  thereof  the  following : 
(d)  Immediately  following  the  first  actuarial  valuation  after 
the  date  of  establishment,  the  actuary  shall  compute  the  rate 
per  cent  of  the  total  annual  earnable  compensation  of  all  mem-< 
bers  which  is  equivalent  to  four  per  cent  of  the  total  liabilities 
of  the  state  annuity  accumulation  fund  which  is  not  discharge- 
able by  the  funds  in  hand  to  the  credit  of  the  state  annuity 
accumulation  fund  and  the  aforesaid  normal  contribution  made 
on  account  of  such  members  during  the  remainder  of  their 
active  service.  The  rate  per  cent  originally  so  determined  shall 
be  known  as  the  "accrued  liability  contribution"  rate.  In  the 
event  that  the  basis  of  determining  benefits  payable  from  the 
retirement  system  shall  be  substantially  changed,  the  actuary 
shall  recompute  the  accrued  liability  contribution  rate.  The 
recomputed  accrued  liability  contribution  rate  shall  be  the  rate 
per  cent  of  the  total  annual  earnable  compensation  of  all  mem- 
bers that  the  actuary  computes  will  be  required  to  discharge 
the  part  of  the  recomputed  liabilities  of  the  state  annuity 
accumulation  fund  which  is  not  dischargeable  by  the  funds  in 
hand  to  the  credit  of  the  state  annuity  accumulation  fund  and 
future  payments  of  normal  contributions  over  the  period  of 
time  that  is  equal  to  the  period  of  time  that  would  have  been 
required  to  discharge  the  corresponding  part  of  the  liabilities 
of  the  state  annuity  accumulation  fund  if  the  basis  of  deter- 
mining benefits  payable  from  the  retirement  system  had  not 
been  so  changed.  The  accrued  liability  contribution  shall  be 
discontinued  as  soon  as  the  accumulated  reserves  in  the  state 
annuity  accumulation  fund  equal  the  present  value,  as  actuari- 
ally computed  and  approved  by  the  board  of  trustees,  of  the 
total  liabilities  of  the  fund  less  the  present  value,  computed 
on  the  basis  of  the  normal  contribution  rate  then  in  force,  of 
the  prospective  normal  contributions  to  be  received  on  account 
of  all  members. 

11.  Total  Amount  Payable.  Amend  subparagraph  (e) 
of  paragraph  III  of  section  13  of  chapter  27-A  of  the  Revised 
Laws  as  inserted  by  chapter  183  of  the  Laws  of  1945  (sub- 
paragraph (e)  of  paragraph  III  of  section  14  of  chapter  100, 
RSA)  by  striking  out  said  subparagraph  and  inserting  in  place 


486  Chapter  301  [1955 

thereof  the  following:  (e)  The  total  amount  payable  to  the 
state  annuity  accumulation  fund  in  each  year  shall  be  not  less 
than  the  sum  of  the  rates  per  cent  known  as  the  normal  con- 
tribution rate  and  the  accrued  liability  contribution  rate,  of  the 
total  compensation  earnable  by  all  members;  provided,  how- 
ever, that  the  amount  of  each  annual  accrued  liability  con- 
tribution, except  for  the  first  contribution  that  takes  into 
account  any  substantial  change  in  the  basis  of  determining 
benefits  payable  from  the  retirement  system,  shall  be  at  least 
three  per  cent  greater  than  the  preceding  annual  accrued 
liability  payment,  and  provided  that  the  aggregate  payment  by 
the  state  shall  be  sufficient,  when  combined  with  the  amount 
in  the  state  annuity  accumulation  fund,  to  provide  the  state 
annuities  payable  out  of  the  fund  during  the  year  then  cur- 
rent. 

12.  Certain  Benefits  Permitted.  Amend  section  17  of  chap- 
ter 27-A  of  the  Revised  Laws  as  inserted  by  chapter  183  of 
the  Laws  of  1945  as  amended  by  section  2,  chapter  131,  Laws 
of  1947  (section  18,  chapter  100,  RSA)  by  inserting  at  the 
end  of  said  section  the  words,  the  provisions  of  this  section 
shall  not  apply  to  any  person  participating  in,  or  receiving  or 
eligible  to  receive  bonefits  undor  the  old  age  and  survivors 
insurance  provisions  of  title  II  of  the  federal  Social  Security 
Act,  as  amended,  so  that  said  section,  as  amended,  shall  read 
as  follows:  17.  Limitation  on  Membership.  The  retirement 
system  and  the  provisions  hereof  shall  not  apply  to  any  person 
benefited  by  or  entitled  to  participate  under  any  other  pro- 
vision of  law  which  provides  wholly  or  in  part  at  the  expense 
of  the  state  or  of  any  subdivision  thereof,  for  retirement  bene- 
fits for  employees  of  the  state,  their  widows,  or  other  depend- 
ents. The  provisions  of  this  section  shall  not  apply  to  any 
person  participating  in,  or  receiving  or  eligible  to  receive 
benefits  under  the  old  age  and  survivors  insurance  provisions 
of  title  II  of  the  federal  Social  Security  Act,  as  amended. 

13.  Past  Contributions.  Amend  chapter  27-A  of  the  Re- 
vised Laws  as  inserted  by  chapter  183  of  the  Laws  of  1945 
(chapter  100,  RSA)  by  inserting  after  section  18  the  follow- 
ing new  section :  19.  Determination  of  Excess.  There  shall 
be  determined  for  each  member  as  of  the  date  of  modification 
the  excess,  if  any,  of  his  accumulated  contributions  over  the 


1955]  Chapter  301  487 

accumulated  contributions  that  would  have  resulted  if  in  each 
year  of  his  previous  membership  such  member  had  made  con- 
tributions at  the  rate  or  rates  prescribed  in  subparagraph  (a) 
of  paragraph  I  of  section  13  as  hereinbefore  amended  as  applied 
to  his  earnable  compensation  as  of  said  date  of  modification. 
If  the  member  shall  request  it  within  six  months  after  the 
date  of  modification,  the  excess  shall  be  returned  to  him.  Other- 
wise such  excess  shall  be  added  to  his  accumulated  contribu- 
tions and,  upon  his  retirement,  shall  be  used  to  provide  an 
additional  employee  annuity  of  equivalent  actuarial  value ;  and 
such  additional  employee  annuity  shall  be  disregarded  in  com- 
puting his  state  annuity  hereunder. 

14.  Subdivisions;  Exclusion.  Amend  chapter  201  of  the 
Laws  of  1945  by  inserting  after  section  5  (section  35,  chapter 
100,  RSA)  thereof  the  following  new  section:  5-a.  Limita- 
tion. Notwithstanding  the  provisions  of  the  foregoing  section, 
any  allowance  or  benefit  provided  for  under  said  chapter  27-A 
which  is  computed  by  reference  to  the  member's  primary  in- 
surance amount  or  to  the  survivor's  insurance  benefit  shall 
not  be  payable  with  respect  to  a  member  whose  service  per- 
formed in  the  employ  of  the  subdivision  at  the  time  of  his 
retirement  was  not  covered  under  an  agreement  between  the 
state  and  the  Secretary  of  Health,  Education  and  Welfare  made 
under  the  provisions  of  chapter  234  of  the  Laws  of  1951. 

15.  Accrued  Liability  Rate.  Amend  paragraph  II  of  sec- 
tion 6  of  chapter  201  of  the  Laws  of  1945  (paragraph  II, 
section  36,  chapter  100,  RSA)  by  striking  out  the  words  "was 
originally"  in  the  tenth  line  of  said  paragraph,  and  inserting 
in  place  thereof  the  word,  is,  so  that  said  paragraph  as  amended 
shall  read  as  follows:  11.  Employers  whose  employees  be- 
come members  of  the  state  employees'  retirement  system  under 
the  provisions  of  this  act  shall  make  contributions  in  behalf 
of  their  employees  corresponding  to  the  contributions  which 
the  state  makes  in  behalf  of  state  employees,  except  that  each 
employer  shall  make  a  special  accrued  liability  contribution, 
which  shall  be  determined  by  an  actuarial  valuation  of  the 
accrued  liability  on  account  of  the  employees  of  such  employer 
who  elect  to  become  members,  in  the  same  way  as  the  accrued 
liability  rate  is  determined  for  state  employees.  The  special 
accrued  liability  contribution  rate  for  all  employers  electing 


488  Chapter  301  [1955 

to  have  their  employees  participate  as  of  July  1,  1946  shall 
be  based  on  a  combined  valuation  for  all  such  employers  and 
shall  be  uniform  for  all  such  employers.  Notwithstanding  the 
foregoing,  regardless  of  date  of  participation,  the  special  ac- 
crued liability  contribution  on  account  of  employees,  who  were 
members  of  a  local  retirement  system  discontinued  in  accord- 
ance with  section  3  of  this  act,  shall  be  determined  on  the  basis 
of  a  special  valuation  of  the  benefits  to  be  paid  on  account  of 
such  employees.  The  special  accrued  liability  contribution,  sub- 
ject to  such  adjustment  as  may  be  necessary  on  account  of 
any  additional  prior  service  credits  awarded  to  employees  of 
such  employer,  shall  be  payable  by  each  employer  in  lieu  of 
the  accrued  liability  contribution  payable  by  the  state  on 
account  of  state  employees.  The  expense  of  making  the  valua- 
tion to  determine  any  special  accrued  liability  contribution 
shall  be  assessed  against  and  paid  by  the  employer  or  em- 
ployers on  whose  account  the  valuation  is  necessary. 

16.  Application  of  Part.  Notwithstanding  any  other  pro- 
visions of  law,  the  provisions  of  this  Part  shall  not  take  effect 
nor  have  any  application  whatsoever  unless  and  until  the  fol- 
lowing conditions  are  met:  I.  A  referendum  has  been  con- 
ducted with  respect  to  the  employees  of  the  state  as  authorized 
in  paragraph  I  of  section  13  of  chapter  234  of  the  Laws  of 
1951  as  hereinbefore  inserted; 

II.  The  governor  has  received  satisfactory  evidence  with 
respect  to  such  referendum  that  the  conditions  specified  in 
chapter  218  (d)  (3)  of  the  Social  Security  Act  have  been  met, 
and  he  has  so  certified  to  the  Secretary  of  Health,  Education 
and  Welfare  as  required  in  paragraph  II  of  said  section  13, 
and 

III.  The  state  agency  established  in  paragraph  IV  of 
section  2  of  said  chapter  234,  acting  pursuant  to  section  2  of 
Part  III  of  this  act,  has  requested  the  Secretary  of  Health, 
Education  and  Welfare  to  effect  a  modification  of  the  agree- 
ment between  the  state  and  the  Secretary  of  Health,  Education 
and  Welfare  made  under  the  provisions  of  said  chapter  234  so 
as  to  include  under  said  agreement  service  which  under  said 
chapter  constitutes  employment  performed  in  the  employ  of 
the  state,  such  modification  to  be  effective  with  respect  to 
service  performed  after  December  31,  1954;  and  the  Secretary 


1955]  Chapter  301  489 

of  Health,  Education  and  Welfare  has  granted  said  request.  If 
said  conditions  shall,  in  his  opinion,  be  met,  the  attorney 
general  shall  on  or  about  July  1,  1956,  file  his  certificate  to  that 
ett'ect  in  the  office  of  the  secretary  of  state ;  and  this  part  shall 
thereupon  take  effect  and  be  deemed  to  be  effective  as  of  said 
July  1,  1956,  and  thereafter. 

17.  Subdivisions.  Amend  chapter  201  of  the  Laws  of  1945 
(chapter  100,  RSA)  by  inserting  after  section  9  thereof  the 
following  new  sections:  10.  Revocation  of  Election.  Not- 
withstanding any  provision  of  law  to  the  contrary,  the  govern- 
ing body  of  any  county,  city,  town,  school  district  or  other 
political  subdivision  which  has  heretofore  elected  to  have  its 
officers  and  employees  become  eligible  to  participate  in  the 
state  employees'  retirement  system,  may,  by  resolution  legally 
adopted,  revoke  such  election  with  respect  to  officers  and  em- 
ployees who  shall  enter  the  service  of  such  political  subdivision 
on  or  after  July  1,  1956,  and  with  respect  to  officers  and  em- 
ployees in  the  service  of  such  subdivision  on  June  30,  1956 
who  are  inactive  members  of  the  state  employees'  retirement 
system.  As  used  herein,  the  phrase  "inactive  members  of  the 
state  employees'  retirement  system"  shall  mean  and  refer  to 
persons  in  the  employ  of  an  employer  with  respect  to  whom 
there  have  not  been  made  the  deductions  and  contributions 
.to  the  state  employees'  retirement  system  directed  by  this 
chapter.  The  phrase  shall  also  include  persons  who  have  elected 
not  to  become  members  of  said  system  under  an  option  allowed 
by  law.  Such  election  shall  not  affect  the  rights  and  obligations 
of  the  active  members  or  beneficiaries  of  the  employer,  nor  of 
the  employer  with  respect  to  such  active  members  and  bene- 
ficiaries, except  as  hereinafter  set  forth. 

11.  Notice  to  Trustees.  The  clerk  of  the  subdivision 
shall  forthwith  upon  the  adoption  of  such  resolution  notify 
the  trustees  thereof,  and  shall  furnish  such  other  information 
with  respect  to  the  employees  of  the  subdivision  as  the  trustees 
shall  request. 

12.  Contributions.  Upon  the  receipt  of  such  notification, 
and  from  time  to  time  thereafter,  the  trustees  shall  determine 
the  contributions  thence  forth  to  be  made  by  the  employer  with 
respect  to  its  active  members  and  beneficiaries.  The  contribu- 
tions of  each  employer  shall  be  determined  on  the  basis  such 


490  Chapter  301  [1955 

that  its  own  past  and  future  contributions  shall  provide  the 
reserve  heretofore  established  and  to  be  established  in  the 
future  for  the  state  annuities  of  its  employees.  The  trustees 
shall  notify  the  employer  of  such  determination,  and  the  em- 
ployer shall  thereafter  contribute  to  the  state  employees' 
retirement  system  in  accordance  therewith. 

PART  V. 

Administrative;  Miscellaneous 

1.  Retired  Members.  Nothing-  herein  shall  be  construed  as 
affecting  retirement  benefits  of  members  of  the  system  who 
have  or  shall  have  retired  prior  to  July  1,  1956,  and  said 
benefits  shall  be  payable  as  provided  by  chapter  27-A  as  in 
force  prior  to  the  amendments  to  said  chapter  provided  for 
herein. 

2.  Administration    and    Employees'    Retirement    System. 

Nothing-  contained  in  this  act  shall  be  construed  or  deemed  to 
divest  the  trustees  of  the  employees'  retirement  system  of  the 
state  of  New  Hampshire  of  any  of  their  powers  and  duties  in 
the  management,  administration  and  control  of  said  system 
and  its  funds  except  as  herein  specifically  directed;  nor  shall 
this  act  be  deemed  to  confer  any  powers  and  duties  with  respect 
to  said  system  or  its  funds,  except  to  the  extent  provided 
herein,  upon  any  other  official  or  agency  of  the  state. 

3.  Certainty  of  Obligation.  Nothing  contained  in  or  done 
pursuant  to  this  act  shall  in  any  way  affect  the  obligation  of 
the  state  with  respect  to  bonds  and  notes  issued  or  to  be  issued 
under  chapter  27-A  of  the  Revised  Laws  as  inserted  by  chap- 
ter 183  of  the  Laws  of  1945,  and  to  the  extent  that  any  of  the 
proceeds  of  such  bonds  or  notes  shall  be  used  under  the  pro- 
visions of  this  act  to  such  extent  the  purpose  for  which  said 
proceeds  are  so  used  shall  be  deemed  a  purpose  for  which  said 
bonds  or  notes  were  originally  authorized. 

4.  Designation  of  Agency.  Whenever  the  governor  and 
council  shall  find  that  it  would  be  for  the  best  interest  of  the 
state  that  one  agency  should  administer  both  the  employees' 
retirement  system  of  the  state  of  New  Hampshire  established 
in  chapter  27-A  of  the  Revised  Laws  as  inserted  by  chapter  183 
of  the  Laws  of  1945  as  amended  (chapter  100,  RSA)  and  the 
provisions  of  chapter  234  of  the  Laws  of  1951,  they  may  desig- 


1955]  Chapter  302  491 

nate  the  trustees  of  said  system  or  any  division  which  the 
trustees  may  estabhsh  for  that  purpose  to  be  the  state  agency 
as  that  term  is  defined  in  said  chapter  234.  If  such  designation 
is  made,  all  of  the  functions,  powers,  duties,  records,  property 
and  unexpended  funds  of  the  department  of  public  welfare  per- 
taining to  said  chapter  234  shall  he  transferred  to  said  trustees. 

5.  Appropriation.  The  sum  of  two  thousand  five  hundred 
dollars,  or  so  much  thereof  as  shall  be  required,  is  hereby 
appropriated  for  expenditure  by  the  governor  in  the  conduct 
of  the  referendum  of  the  employees  of  the  state  authorized  in 
paragraph  I  of  section  13  of  chapter  234  of  the  Laws  of  1951 
as  hereinbefore  inserted.  The  sum  of  two  thousand  five  hundred 
dollars,  or  so  much  thereof  as  shall  be  required,  is  hereby  ap- 
propriated for  the  use  of  the  governor  in  the  conduct  of  the 
referenda  of  the  employees  of  the  several  political  subdivisions 
authorized  in  the  manner  prescribed  in  paragraph  III  of  sec- 
tion 13  of  chapter  234  of  the  Laws  of  1951  as  hereinbefore 
inserted;  provided,  however,  that  each  such  subdivision  shall 
reimburse  the  state  for  the  expenses  incurred  in  such  referenda 
in  the  proportion  that  the  number  of  employees  of  such  sub- 
division eligible  to  vote  in  a  referendum  bears  to  the  total 
number  of  employees  of  political  subdivisions  eligible  to  vote 
in  the  state.  The  governor  is  authorized  to  draw  his  warrants 
for  the  sums  hereby  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

6.  Takes  Effect.  Except  as  otherwise  hereinbefore  pro- 
vided, this  act  shall  take  effect  upon  its  passage. 

[Approved  August  5,  1955.] 


CHAPTER  302. 

an  act  relative  to  flag-bearing  battalions  of  the  new 
Hampshire  national  guard. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Adjutant  GeneraFs  Department.  There  is  hereby  appro- 
priated the  sum  of  $910.00  for  the  purchase  and  acquisition  of 
ten  state  flags  together  with  tassels  and  staff  to  be  assigned 


492  Chapters  303, 304  [1955 

by  the  adjutant  general  to  the  various  flag-bearing  battalions 
and  other  units  of  the  New  Hampshire  national  guard.  The 
governor  is  hereby  authorized  to  draw  his  warrant  for  the  sum 
hereby  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

2.     Takes    Eifect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  303. 

an  act  relative  to  colby  junior  college  highway  and 

Sutton  road. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Repeal.  Chapter  11  of  the  Laws  of  1953,  changing  the 
name  of  a  part  of  Route  114  to  Colby  Junior  College  Highway 
is  hereby  repealed. 

2.  Highway  Markers.  The  commissioner  of  public  works 
and  highways  shall  cause  to  be  removed  the  markers  desig- 
nating Colby  Junior  College  Highway.  He  shall  cause  to  be 
erected  markers  at  the  several  appropriate  junctions  on  Routes 
114, 103,  11, 10  and  4,  and  at  any  other  points  deemed  desirable, 
which  will  adequately  identify  the  town  of  Sutton  and  Colby 
Junior  College. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  304. 


AN  ACT  TO  LAY  OUT  AND  CONSTRUCT  A  SERVICE  ROAD  CONNECTING 

WITH  THE  Eastern  New  Hampshire  Turnpike. 

Whereas  public  necessity  requires  a  service  road  on  the 
Eastern  New  Hampshire  Turnpike  at  a  point  on  the  easterly 


1955]  Chapter  305  493 

side  thereof  extending  from  the  southerly  side  of  Echo  Avenue 
in  the  city  of  Portsmouth  to  the  southerly  side  of  Gosling  Road 
in  said  Portsmouth, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Eastern  New  Hampshire  Turnpike.  Amend  section  1, 
chapter  295,  Laws  of  1947  as  inserted  by  chapter  237,  Laws  of 
1953  (section  1,  chapter  256,  RSA)  by  adding  at  the  end 
thereof  the  following  new  paragraph :  (n)  Construct  a  serv- 
ice road  along  the  easterly  side  of  the  Eastern  New  Hampshire 
Turnpike,  at  a  point  commencing  at  the  southerly  side  of  Echo 
Avenue  in  the  city  of  Portsmouth,  and  running  northerly  to 
the  southerly  side  of  Gosling  Road  in  said  Portsmouth,  with 
access  to  the  service  road  from  land  abutting  the  service  road 
on  the  east;  providing  that  all  land  required  for  such  roads 
shall  be  provided  without  cost  to  the  state,  that  all  claims 
against  the  state  as  a  result  of  construction  of  the  Spaulding 
Turnpike  and  the  service  road  shall  also  be  waived  by  said  land- 
owners and  further  provided  that  a  sufficient  balance  from  the 
funds  established  for  the  construction  of  the  Spaulding  Turn- 
pike to  provide  such  access  road  shall  be  available  on  completion 
of  the  project; 

Further  provided  that  upon  completion  of  said  service 
■  road,  it  be  accepted  by  the  city  of  Portsmouth  and  thereafter 
it  will  keep  and  maintain  said  service  road  without  expense 
to  the  state  of  New  Hampshire. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  305. 

AN  ACT  RELATIVE  TO  THE  USE  AND  DISPLAY  OF  THE  STATE  FLAG. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Authorization.     Amend  section  2-a  of  chapter  13  of  the 
Revised  Laws  as  inserted  by  section  7  of  chapter  266  of  the 


494  Chapter  306  [1955 

Laws  of  1953  (section  4,  chapter  3,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following  new  sec- 
tion :  2-a.  Powers  of  the  Governor.  The  governor  is  author- 
ized to  make  rules  and  regulations  governing  the  use  and 
display  of  the  state  flag  not  inconsistent  with  the  provisions 
of  chapter  443  of  the  Revised  Laws;  and  it  shall  be  lawful  to 
use  and  display  said  flag  in  accordance  with  such  rules  and 
regulations. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  306. 

AN  ACT  TO  CHANGE  THE  NAME  OF  THE  BOARD  OF  NURSE 

EXAMINERS  AND  TO  INCREASE  THE  FEES  FOR 

NURSE  REGISTRATION. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Change  of  Name.  Amend  section  1,  chapter  257,  Re- 
vised Laws  as  inserted  by  chapter  285,  Laws  of  1947,  (sec- 
tion 1,  chapter  326,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following :  1.  Board  of  Nursing 
Education  and  Nurse  Registration.  There  shall  be  a  board  of 
nursing  education  and  nurse  registration  consisting  of  five 
nurses,  one  to  be  appointed  each  year  by  the  commissioner  of 
education  from  a  list  of  two  nominated  by  the  New  Hampshire 
State  Nurses  Association.  The  term  of  office  of  each  shall  be  five 
years  and  until  a  successor  is  appointed  and  qualified.  Vacancies 
shall  be  filled  in  like  manner  for  the  unexpired  term.  No  person 
shall  be  nominated  for  office  as  such  board  member  unless  he 
shall  have  had  not  less  than  five  years  of  successful  experience 
in  the  nursing  profession,  not  less  than  two  years  of  which 
experience  shall  have  been  in  the  field  of  professional  nursing 
education.  The  board  shall  be  responsible  for  the  direction  and 
supervision  of  nursing  education  in  all  the  schools  of  nursing 
in  the  state. 


1955]  Chapter  306  495 

2.  Change  of  Compensation.  Amend  section  4,  chapter  257, 
Revised  Laws,  as  inserted  by  chapter  285,  Laws  of  1947,  (sec- 
tion 4,  chapter  326,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  4.  Compensation. 
Each  member  of  the  board  shall  be  paid  ten  dollars  for  each 
day  actually  engaged  on  official  duties  hereunder,  and  shall  be 
reimbursed  for  actual  expenses  incurred  therein.  Said  com- 
pensation and  expenses  shall  be  paid  by  the  state  to  an  amount 
not  exceeding  the  fees  received  hereunder. 

3.  Uniformity  of  Wording.  Amend  section  6,  chapter  257, 
Revised  Laws  as  inserted  by  chapter  285,  Laws  of  1947,  and 
as  amended  by  chapter  127,  Laws  of  1951,  (section  6,  chapter 
326,  RSA)  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following :  6.  Registration.  Any  person  of  good 
moral  character  over  twenty  years  of  age  who  is  a  citizen  of 
the  United  States  or  who  has  legally  declared  his  intention  of 
becoming  one  or  who  is  a  citizen  of  a  Canadian  province,  who 
holds  a  diploma  from  a  state  accredited  school  of  nursing  giv- 
ing a  course  of  at  least  three  years  or  its  equivalent  in  a 
university  or  college  of  nursing,  affiliated  with  an  institution 
or  institutions  approved  by  the  board  as  maintaining  in  this 
and  other  respects  adequate  standards,  all  of  which  shall  be 
determined  by  the  said  board,  and  who  shall  have  received  from 
the  board  a  certificate  of  qualification  to  practice  as  a  regis- 
tered nurse,  shall  be  styled  and  known  as  a  registered  nurse 
and  no  other  person  shall  assume  such  title  or  use  the  abbre- 
viation R.  N.  or  any  other  words,  letters,  or  figures  to  indicate 
that  the  person  using  the  same  is  a  registered  nurse. 

4.  Persons  from  Other  States.  Amend  section  7,  chapter 
257,  Revised  Laws,  as  inserted  by  chapter  285,  Laws  of  1947, 
(section  7,  chapter  326,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  7.  Registration  by 
Endorsement.  Any  person  from  another  state  registered  by 
the  board  as  maintaining  standards  not  lower  than  those  pro- 
vided by  this  chapter,  who  shall  show  to  the  satisfaction  of 
the  board  that  he  is  properly  and  duly  registered  for  the 
practice  of  nursing  in  such  state,  upon  the  payment  of  the  fee 
for  a  certificate  of  qualification  provided  herein,  shall  be  en- 
titled to  registration  by  endorsement  in  this  state  without  an 
examination. 


496  Chapter  306  [1955 

5.  Change  of  Fees.  Amend  section  8,  chapter  257,  Revised 
Laws,  as  inserted  by  chapter  285,  Laws  of  1947,  (section  8, 
chapter  326,  RSA)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following :  8.  Pees.  Each  person  apply- 
ing for  certification  of  qualification  to  practice  as  a  registered 
nurse,  or  for  examination  and  such  certification,  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  purposes  of  the 
board  hereunder. 

6.  Change  in  Term  of  Permit.  Amend  section  10,  chap- 
ter 257,  Revised  Laws  as  inserted  by  chapter  285,  Laws  of 
1947,  (section  10,  chapter  326,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following :  10.  Bien- 
nial Permit.  Any  person  who  has  at  any  time  received  a 
certificate  of  qualification  to  practice  as  a  registered  nurse, 
whether  in  this  or  any  other  state  and  intends  to  engage  in 
the  practice  of  nursing  in  this  state,  shall  biennially  before 
July  first,  commencing  July  1,  1956,  file  his  name  and  address 
with  the  commissioner  of  education  and  pay  to  the  commis- 
sioner a  fee  of  three  dollars,  whereupon,  if  he  has  complied 
with  all  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  the  practice  of  nursing  for  the 
period  ending  on  July  first  two  years  hence. 

7.  Uniformity  of  Wording.  Amend  section  11,  chapter  257, 
Revised  Laws,  as  inserted  by  chapter  285,  Laws  of  1947, 
(section  11,  chapter  326,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  11.  Prohibition. 
No  person  shall  engage  in  the  practice  of  nursing  in  this  state 
unless  he  has  received  a  certificate  of  qualification  to  practice 
and  unless  he  has  received  a  biennial  permit  to  so  practice. 

8.  Uniformity  of  Wording.  Amend  section  12,  chapter  257, 
Revised  Laws,  as  inserted  by  chapter  285,  Laws  of  1947,  (sec- 
tion 12,  chapter  326,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  12.  Persons  Ex- 
cepted. This  chapter  shall  not  apply  to  the  gratuitous  nursing 
of,  or  caring  for  the  sick  by  friends  or  members  of  the  family, 
nor  to  any  person  nursing  the  sick  for  hire  who  does  not  in 


1955]  Chapter  306  497 

any  way  assume  to  be  a  registered  nurse.  Provided  further  that 
a  legally  qualified  nurse  from  another  state  may  engage  in  the 
practice  of  nursing  in  this  state,  for  a  period  not  to  exceed  six 
months,  if  during  said  period  application  has  been  made  for 
registration  by  endorsement  hereunder. 

9.  Uniformity  of  Wording.  Amend  section  13,  chapter  257, 
Revised  Laws,  as  inserted  by  chapter  285,  Laws  of  1947,  (sec- 
tion 13,  chapter  326,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  13.  Public  Health 
Nursing.  No  person  shall  engage  in  any  of  the  various  forms 
of  public  health  nursing  unless  he  is  a  registered  nurse  and 
holds  a  valid  biennial  permit  as  provided  in  section  10;  pro- 
vided that  this  section  shall  not  affect  any  person  who,  previous 
to  July  1, 1925,  has  been  employed  in  this  state  in  said  capacity. 

10.  Uniformity  of  Wording.  Amend  section  14,  chapter 
257,  Revised  Laws,  as  inserted  by  chapter  285,  Laws  of  1947, 
(section  15,  chapter  326,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  14.  False  Repre- 
sentations. Any  person  who  shall  wilfully  make  any  false 
representation  in  applying  for  a  certificate  of  qualification  or 
biennial  permit  shall  be  fined  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars. 

'  11.  Effect  of  Change  of  Name.  The  present  board  of  nurse 
examiners  are  hereby  constituted  the  board  of  nursing  educa- 
tion and  nurse  registration  provided  for  in  section  1  of  this 
act.  The  change  of  name  hereby  accomplished  shall  not  affect 
the  terms  of  office  of  the  present  members  of  said  board,  nor 
otherwise  affect  the  tenure  of  such  present  members.  All 
powers  and  duties  heretofore  vested  in  the  board  of  nurse 
examiners  by  any  other  act  or  statute  are  hereby  transferred 
to  and  vested  in  the  said  board  of  nursing  education  and  nurse 
registration. 

12.  Takes  Effect.  This  act  shall  take  effect  July  1,  1956. 
[Approved  August  5,  1955.] 


498  Chapter  307  [1955 

CHAPTER  307. 

AN  ACT  TO  SIMPLIFY  REQUIREMENTS  FOR  ABSENTEE  VOTING. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Absentee  Voting.  Amend  paragraphs  II  and  III  of  sec- 
tion 61,  chapter  34,  Revised  Laws,  as  amended  by  section  2, 
chapter  20,  Laws  of  1943  (paragraph  II,  section  2,  chapter  60, 
RSA)  by  striking  out  said  paragraph  and  inserting  in  place 
thereof  the  following: 

II.  Blank  forms  of  application  for  such  ballots  worded  as 

follows :     To  the  city  or  town  clerk  of 

I hereby  apply  for  an  official  absent 

voting  ballot.  I  am  a  duly  qualified  voter  and  entitled  to  vote  in 
ward   city  or  town   

(Signature)   

(Street  and  number)  

(City  or  town,  state) 

III.  Envelopes  of  sufficient  size  to  contain  the  ballots 
specified  in  paragraph  I,  on  which  shall  be  printed  the  follow- 
ing: Absence  from  City  or  Town.  A  person  voting  by  ab- 
sentee ballot  because  of  absence  from  the  city  or  town  in  which 
he  is  entitled  to  vote  shall  fill  out  and  sign  the  following  certi- 
ficate : 

I  do  hereby  certify,  under  the  penalties  of  perjury,  that 

I  am  a  duly  qualified  voter  in  the  city  or  town  of 

New  Hampshire,  in  Ward ,  that  I  will  be  absent 

on  election  day  from  said  city  or  town,  and  will  be  unable  to 
vote  in  person;  that  on  said  day  at  least  one  city  or  town  will 
intervene  between  the  place  where  I  am  entitled  to  vote  and 
the  place  where  I  am  then;  that  I  have  carefully  read  the  in- 
structions forwarded  to  me  with  the  ballot  herein  enclosed 
and  that  I  personally  marked  the  within  ballot  and  enclosed 
and  sealed  it  in  this  envelope. 

(Signature)   

Absence  Because  of  Physical  Disability.  A  person  voting 
by  absentee  ballot  because  of  physical  disability  shall  fill  out 
and  sign  the  following  certificate: 

I  do  hereby  certify,  under  the  penalties  of  perjury,  that 
I  am  a  duly  qualified  voter  in  the  city  or  town  of 


1955]  Chapter  307  499 

New  Hampshire,  in  Ward   ,  that  on  account  of 

physical  disability  I  am  unable  to  vote  in  person;  that  I  have 
carefully  read  the  instructions  forwarded  to  me  with  the  ballot 
herein  enclosed,  and  that  I  personally  marked  the  within  ballot 
and  sealed  it  in  this  envelope. 

(Signature)   

2.  Duties  of  Clerk.  Amend  section  63  of  chapter  34,  Re- 
vised Laws  (section  4,  chapter  60,  RSA)  by  striking  out  the 
same  and  inserting  in  place  thereof  the  following: 

63.  Forwarding  Ballots.  When  an  application  for  an 
official  absent  voting  ballot  is  received  by  the  clerk  of  a  city 
or  town,  whether  on  the  form  supplied  by  the  secretary  of 
state,  or  by  written  statement  or  oral  request  containing  the 
information  required  by  paragraph  II  of  section  61,  said  clerk 
shall  check  the  same  and  ascertain  if  the  person  is  on  the 
check-list  of  the  town  or  city.  He  shall  then  deliver  or  mail 
the  papers  described  in  paragraphs  I,  II  and  IV  of  section  61 
and  shall  keep  lists  of  the  names  and  addresses,  arranged  by 
voting  places,  of  all  persons  to  whom  official  absent  voting 
ballots  have  been  sent.  Copies  of  said  lists  shall  be  open  to 
inspection  and  shall  be  posted  at  the  polling  places  during  the 
day  of  the  election. 

3.  Penalties.  Amend  section  75  of  chapter  34  of  the  Re- 
vised Laws  (section  15,  chapter  60,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  75. 
Penalties.  Whoever,  prior  to  the  closing  of  the  polls  upon 
election  day,  shall  show  or  exhibit  an  unsealed  absent  voter's 
ballot  to  any  person,  or  shall  use  an  absent  voter's  ballot  for 
any  purpose  except  to  vote  the  same,  shall  be  fined  not  more 
than  one  hundred  dollars;  provided,  that  this  provision  shall 
not  apply  to  any  person  engaged  in  printing  or  distributing 
or  otherwise  dealing  with  said  ballots  according  to  law;  and 
whoever,  not  being  entitled  to  vote  under  the  provisions  of  this 
subdivision,  votes  or  attempts  to  vote  under  the  provisions 
hereof,  or,  being  entitled  to  vote  under  the  provisions,  hereof, 
knowingly  votes  or  attempts  to  vote  in  violation  of  the  terms 
hereof,  shall  be  fined  not  more  than  five  hundred  dollars  or 
imprisoned  not  more  than  one  year  or  both. 


500  Chapter  308  [1955 

4.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  308. 

AN  ACT  RELATIVE  TO  THE  TAKING  OF  OYSTERS,  LOBSTERS,  CRABS 

AND  CLAMS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Oysters,  Taking  of.  Amend  section  60  of  chapter  245 
of  the  Revised  Laws  as  amended  by  section  1  of  chapter  214 
of  the  Laws  of  1953  (section  51,  chapter  211,  RSA)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 

60.  Oysters.  No  person  shall  at  any  time  take  oysters  from 
Great  Bay  or  its  tributaries,  Little  Bay,  Durham  river  or 
Piscataquog  [Piscataqua]  river  unless  he  is  a  resident  of  the 
state  or  a  non-resident  owning  real  estate  in  the  state,  nor 
unless  he  has  been  duly  licensed  to  take  oysters  as  provided  in 
section  61-b  of  this  chapter.  No  person  shall  take  oysters  dur- 
ing the  months  of  June,  July  and  August,  or  through  the  ice, 
or  in  any  manner  other  than  by  the  use  of  hand  tongs  or  from 
the  shore  by  hand.  The  taking  of  oysters  permitted  under 
the  provisions  of  this  section  shall  be  prohibited  between  two 
hours  after  sunset  and  one  hour  before  sunrise. 

2.  Limit  of  Taking.  Amend  section  61  of  chapter  245  of 
the  Revised  Laws  (section  52,  chapter  211,  RSA)  by  adding 
after  the  words  "bushel  of"  in  the  first  line,  the  word,  un- 
shucked,  so  that  said  section  as  amended  shall  read  as  follows: 

61.  Limit.  No  person  shall  take  more  than  one  bushel  of 
unshucked  oysters  from  said  waters  in  one  day,  unless  said 
oysters  have  been  bedded  in  said  waters  by  the  person  taking 
the  same. 

3.  Licenses,  Minors.  Amend  section  61-b  of  chapter  245 
of  the  Revised  Laws,  as  inserted  by  section  2,  chapter  214, 
Laws  of  1953  (section  54,  chapter  211,  RSA)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following :     61-b. 


1955]  Chapter  308  501 

Licenses  for  Taking.  Any  resident  of  the  state,  or  non-resident 
owning  real  estate  in  the  state,  over  the  age  of  sixteen  years 
may,  on  apphcation  to  the  director  or  his  designated  agent  be 
granted  a  license  to  take  oysters  as  provided  in  this  section. 
Said  license  shall  be  for  the  current  calendar  year  and  the  fee 
for  each  such  license  shall  be  two  dollars.  Any  resident  of  the 
state  who  is  under  the  age  of  sixteen  years  may  take  oysters 
as  provided  in  section  60  without  a  license  therefor. 

4.  Fines.  Amend  section  64  of  chapter  245  of  the  Revised 
Laws,  as  amended  by  chapter  124,  Laws  of  1943  and  chapter 
199,  Laws  of  1953  (section  57,  chapter  211,  RSA)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
64.  Penalty.  Whoever  violates  a  provision  of  section  63,  or 
any  rule  or  regulation  promulgated  thereunder  relative  to 
taking  or  possessing  clams  or  clam  worms  shall  be  fined  not 
more  than  ten  dollars  and  not  more  than  five  dollars  for  each 
peck  of  clams  taken  or  possessed  in  violation  thereof. 

5.  Penalty.  Amend  section  65  of  chapter  245  of  the  Re- 
vised Laws  (section  58,  chapter  211,  RSA)  as  amended  by 
section  2,  chapter  67,  Laws  of  1945,  by  adding  at  the  end  the 
words,  and  not  more  than  five  dollars  for  each  bushel  of  oysters 
taken  or  possessed  in  violation  thereof,  so  that  said  section  as 
amended  shall  read  as  follows:  65.  Penalties.  A  person 
who  violates  a  provision  of  this  subdivision  shall  be  fined  as 
follows :  For  each  violation  of  sections  57,  58,  59,  and  59-a,  not 
more  than  fifty  dollars ;  of  sections  60  to  62  inclusive,  not  more 
than  ten  dollars  and  not  more  than  five  dollars  for  each  bushel 
of  oysters  taken  or  possessed  in  violation  thereof. 

6.  Time  of  Taking.  Amend  chapter  245  of  the  Revised 
Laws  (chapter  211,  RSA)  by  inserting  after  section  63  thereof 
the  following  new  section:     63-a.    Clams;  Time  of  Taking. 

The  taking  of  clams  by  any  person  under  the  authority  of 
section  63  of  this  chapter  between  two  hours  after  sunset  and 
one  hour  before  sunrise  is  prohibited.  Any  person  who  violates 
the  provisions  of  this  section  shall  be  fined  not  more  than  ten 
dollars  and  not  more  than  five  dollars  for  each  peck  of  clams 
taken  or  possessed  in  violation  thereof. 

7.  Licenses.  Amend  section  43  of  chapter  245  of  the  Re- 
vised Laws,  as  amended  by  section  3,  chapter  12,  Laws  of  1950 


502  Chapter  308  [1955 

(section  21,  chapter  211,  RSA)  by  striking  out  in  the  fourth 
hne  the  words  "in  the  discretion  of  the  director"  so  that  said 
section  as  amended  shall  read  as  follows:  43.  Revocation; 
Suspension.  Persons  convicted  for  violation  of  the  provisions 
pertaining  to  taking  lobsters  and  crabs  shall  forfeit  their 
license  for  not  more  than  one  year.  If  an  appeal  is  taken  the 
license  shall  be  suspended  pending  the  disposition  of  said  case 
and  for  not  more  than  one  year  thereafter  from  date  of  con- 
viction by  the  higher  court.  The  director  shall  revoke  the 
license  of  any  person  who  has  been  found  guilty  in  any  court 
a  second  time  within  five  years  of  the  first  finding  of  guilt,  of 
a  violation  of  any  such  laws  or  regulations,  for  a  period  of  not 
less  than  one,  nor  more  than  three  years  from  the  date  of  such 
finding  or  conviction.  The  director  may  order  any  license  to 
be  suspended  or  revoked,  after  due  hearing,  for  any  cause  that 
he  may  deem  sufficient.  Any  person  whose  license  has  been 
revoked  or  suspended  shall  not  accompany  any  licensed  fisher- 
man or  assist  him  in  any  way  while  he  is  engaged  in  taking  or 
transporting  lobsters  or  crabs. 

8.  Residence  Requirement.  Amend  section  44  of  chapter 
245  of  the  Revised  Laws,  as  amended  by  section  5,  chapter  12, 
Laws  of  1950  (section  23,  chapter  211,  RSA)  by  adding  at  the 
end  thereof  the  following:  Provided  further  that  the  five- 
year  resident  requirement  for  a  license  shall  be  waived  in  the 
case  of  a  resident  who  does  not  at  any  one  time  use  more  than 
five  traps  for  taking  of  lobsters,  so  that  said  section  as  amended 
shall  read  as  follows:  44.  Who  May  Take  Lobsters  and 
Crabs.  No  person  shall  take  lobsters  or  crabs  from  the  waters 
of  New  Hampshire  unless  he  is  a  bona  fide  resident  of  the  state, 
and  no  license  shall  be  issued  to  a  person  unless  he  shall 
furnish  proof  that  he  has  resided  within  the  state  for  at  least 
five  years  immediately  preceding  his  application  for  a  license 
and  has  not  during  that  time  claimed  a  residence  in  any  other 
state  for  any  purpose.  Provided  further  that  the  five-year 
resident  requirement  for  a  license  shall  be  waived  in  the  case 
of  a  resident  who  does  not  at  any  one  time  use  more  than  five 
traps  for  taking  of  lobsters. 

9.  Canned  Lobster  Meat.  Amend  section  47-b  of  chapter 
245  of  the  Revised  Laws,  as  inserted  by  section  3,  chapter  200 
of  the  Laws  of  1951  and  as  amended  by  section  1,  chapter  231, 


1955]  Chapter  308  503 

Laws  of  1951  (section  29,  chapter  211,  RSA)  by  adding  at  the 
end  thereof  the  following:  Provided,  however,  that  the  pro- 
visions of  this  section  shall  not  prohibit  the  sale  of  lobsters 
canned  in  hermetically  sealed  cans  not  requiring  refrigeration 
when  the  contents  of  the  cans  do  not  weigh  over  eight  ounces 
net,  so  that  said  section  as  amended  shall  read  as  follows: 
47-b.  Lobster  Meat.  No  person,  firm  or  corporation  shall 
transport,  possess  or  offer  for  sale  lobster  meat  from  sources 
outside  the  jurisdiction  of  this  state  unless  such  meat  shall 
comply  with  section  47  of  this  chapter.  The  inclusion  of  any 
such  meat  of  less  than  the  prescribed  legal  length  within  any 
container,  package,  receptacle  or  tray  shall  subject  all  such 
meat  included  in  said  container,  package,  receptacle,  or  tray 
to  be  forfeited  and  the  possessor  of  such  meat  shall  be  subject 
to  the  penalty  imposed  for  violation  of  section  47.  Provided, 
however,  that  the  provisions  of  this  section  shall  not  prohibit 
the  sale  of  lobsters  canned  in  hermetically  sealed  cans  not 
requiring  refrigeration  when  the  contents  of  the  cans  do  not 
weigh  over  eight  ounces  net. 

10.  Clams.  Amend  section  63  of  chapter  245  of  the  Re- 
vised Laws  as  amended  by  chapter  124  of  the  Laws  of  1943, 
chapter  132  of  the  Laws  of  1945,  chapter  214,  Laws  of  1951 
and  chapter  215  of  the  Laws  of  1953  (section  56,  chapter  211, 
RSA)  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  63.  Clams;  Regulations;  Licenses  and  Permits. 
Residents  of  this  state  and  non-residents  owning  real  estate 
in  the  state  licensed  by  the  fish  and  game  commission  shall  be 
permitted  to  dig  one  peck  of  clams  per  day  for  personal  use 
but  not  for  commercial  use  within  the  public  waters  or  flats 
of  New  Hampshire  but  such  clams  shall  not  be  taken  between 
two  hours  after  sunset  and  one  hour  before  sunrise.  Said  resi- 
dents and  non-residents  shall  be  permitted  to  dig  clams  in  the 
aforesaid  places  by  the  use  of  clam-digging  forks.  Clam  worms 
shall  not  be  dug  for  resale  except  by  residents  of  this  state. 
Provided  further  that  these  restrictions  shall  not  apply  to  the 
fish  and  game  commission  or  its  authorized  representatives  in 
conducting  their  experimental  work.  No  clams  under  two  inches 
shall  be  taken.  The  commission  shall  require  annual  licenses 
and  permits  for  the  taking  of  clams  and  shall  charge  a  fee  of 
two  dollars  for  each  such  license.  The  director  may  authorize 


504  Chapters  309, 310  [1955 

town  or  city  clerks  to  issue  clam  licenses  for  a  fee  of  two  dollars, 
twenty  cents  of  each  fee  to  be  retained  by  said  clerk. 

11.     Takes   Effect.     This    act   shall   take   effect   upon   its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  309. 

AN  ACT  RELATIVE  TO  THE  RATE  OF  TAX  ON  INTEREST  AND 

DIVIDENDS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Income  Tax.  Amend  section  1  of  chapter  78  of  the  Re- 
vised Laws  (section  1,  chapter  77,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following :  1.  Rate. 
The  annual  tax  upon  incomes  shall  be  levied  at  the  rate  of  four 
and  one  quarter  per  cent.   (4^/4%) 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  January  1, 
1956. 

[Approved  August  5,  1955.] 


CHAPTER  310. 

AN  ACT  RELATIVE  TO  WEIGHT  OF  CERTAIN  SMALL  COMBINATION 
VEHICLES  AND  SEMI-TRAILERS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Exception.  Notwithstanding  the  provisions  of  chapter 
230,  Laws  of  1955,  any  combination  of  vehicle  and  semi-trailer 
equipped  with  three  axles  and  with  distance  between  extreme 
axles  of  less  than  twenty-five  feet,  which  are  now  or  may  here- 
after be  registered,  may  be  operated  upon  the  ways  of  this 
state  with  a  maximum  gross  weight  of  fifty  thousand  pounds. 

2.  Authority  of  Motor  Vehicle  Commissioner.  Amend  sec- 
tion 37,  chapter  119,  Revised  Laws  as  amended  by  section  1, 


1955]  Chapter  311  505 

chapter  11,  Laws  of  1947,  section  1,  chapter  104,  Laws  of  1949, 
sections  1  and  2,  chapter  11,  Laws  of  1950,  section  11,  chapter 
20,  Laws  of  1951  (section  61,  chapter  263,  RSA)  and  as  further 
amended  by  section  1,  chapter  230,  Laws  of  1955,  by  inserting 
at  the  end  of  said  section  the  following  new  paragraph :  XIV. 
In  determining  the  gross  weight  of  vehicles  under  the  tables 
as  set  forth  in  paragraphs  VII  and  VIII  the  motor  vehicle  com- 
missioner shall,  in  cases  where  the  distance  between  extreme 
axles  is  not  in  exact  number  of  feet,  be  governed  by  the  follow- 
ing: If  the  distance  is  six  inches  or  less  in  excess  of  the 
number  of  feet  stated  in  the  table  the  gross  weight  shall  be 
deemed  to  be  the  number  of  feet  stated  in  the  table;  if  the 
distance  is  more  than  six  inches  in  excess  of  the  number  of 
feet  in  the  table  the  gross  weight  shall  be  deemed  to  be  the 
next  higher  number  of  feet. 

3.     Takes    Effect.    This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  311. 


AN  ACT  RELATING  TO  THE  APPORTIONMENT  OF  EXPENSES  FOR 

MUNICIPALITIES  IN  FIGHTING  FOREST  FIRES  AND  TO 

CLASS  V  ROAD  AID. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Forest  Fire  Expenses.  Amend  section  24  of  chapter  233 
of  the  Revised  Laws  as  amended  by  chapter  93  of  the  Laws 
of  1949  and  chapter  212,  Laws  of  1951  (section  15,  chapter  224, 
RSA)  by  striking  out  the  words  "one-half"  in  line  eleven 
thereof  and  inserting  in  place  thereof  the  words,  one-quarter, 
so  that  the  same  as  amended  shall  read  as  follows :  24.  Ap- 
portionment. The  expenses  of  fighting  forest  and  brush  fires 
in  towns,  and  other  expenses  lawfully  incurred  by  wardens  and 
deputy  wardens  of  said  towns  in  preventing  forest  fires,  shall 
be  borne  equally  by  the  municipality  and  the  state,  except  as 
otherwise  herein  provided,  and  except  that  when  in  any  one 
town  or  city  fiscal  year  the  net  total  of  sums  required  for  the 


506  Chapter  311  [1955 

suppression  and  prevention  of  forest  and  brush  fires,  excluding 
the  initial  cost  of  fire  fighting  equipment,  to  be  so  borne  by 
such  municipality,  computed  at  rates  within  limits  established 
by  the  forestry  and  recreation  commission  and  the  state 
forester,  shall  equal  one-quarter  of  one  per  cent  of  the  latest 
equalized  locally  assessed  valuation  on  such  municipality,  ex- 
penses incurred  in  excess  of  such  sum  shall  be  borne  entirely 
by  the  state  on  the  basis  of  the  rate  limits  above  specified. 
The  provisions  of  this  section  shall  not  apply  to  expenses  in- 
curred in  fighting  any  forest  or  brush  fire  when,  as  determined 
by  the  state  forestry  and  recreation  commission,  such  fire  was 
caused  by  the  negligence  of  the  town  or  of  its  agents.  Any 
determination  of  the  forestry  and  recreation  commission  under 
the  provisions  of  the  preceding  sentence  shall  be  subject  to 
rehearing  and  appeal  as  provided  in  chapter  414  of  the  Revised 
Laws. 

2.  Forest  Fire  Bills.  Amend  section  31-a  of  chapter  233 
of  the  Revised  Laws  (chapter  224,  RSA)  as  inserted  by  section 

I,  chapter  188,  Laws  of  1955,  by  striking  out  the  word,  "one- 
half,"  and  inserting  in  place  thereof  the  word,  one-quarter,  so 
that  said  section  as  amended  shall  read  as  follows:  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  preventing  forest  fires,  shall 
exceed  an  amount  equal  to  one-quarter  of  one  per  cent  of  the 
latest  equalized  locally  assessed  valuation  on  such  municipality, 
the  state  may  pay  such  bills  in  the  first  instance. 

3.  Class  V  Highways.  Amend  section  10  of  Part  13,  chap- 
ter 90  of  the  Revised  Laws  as  inserted  by  section  1,  chapter  83, 
Laws  of  1951,  as  amended  by  chapter  30,  Laws  of  1953  (section 

II,  chapter  241,  RSA)  by  striking  out  the  same  and  inserting 
in  place  thereof  the  following:  10.  Maintenance  Allotment 
by  State.  In  addition  to  any  funds  hereinbefore  apportioned 
for  construction  and  reconstruction  purposes,  the  commis- 
sioner, in  the  month  of  July  in  each  year,  shall  allot  to  each 
town  a  sum  sufficient,  when  added  to  the  amount  which  would 
be  derived  by  a  tax  of  twenty  cents  on  each  one  hundred  dollars 
of  the  town's  last  equalized  valuation,  to  equal  one  hundred 
fifteen  dollars  for  each  mile  of  regularly  maintained  class  V 


1955]  Chapter  312  507 

highway  in  such  towns.  The  sums  so  allotted  shall  be  used  for 
the  care  and  maintenance  of  class  V  highways  and  for  no  other 
purposes,  under  the  supervision  of  the  commissioner,  and  shall 
be  expended  in  accordance  with  specifications  provided  by  the 
commissioner  under  the  direction  of  a  person  or  persons  ap- 
pointed by  the  selectmen  of  the  town. 

4.    TTakes  Effect.     The  provisions  of  section  3  hereof  shall 
take  effect  as  of  July  1,  1956.  The  remaining  provisions  of  this 
act  shall  take  effect  upon  its  passage. 
[Approved  August  5,  1955.] 


CHAPTER  312. 


AN  ACT  RELATIVE  TO  POWERS  OF  THE  SUPERIOR  COURT  ON 
IMMUNITY  OF  V^ITNESSES. 

Be  it  enacted  by  the  Sewite  and  House  of  Representatives  in 
General  Court  convened: 

1.  Privilege  Against  Self-incrimination.  No  witness  sum- 
moned by  the  attorney  general  in  the  course  of  the  investiga- 
tion of  subversive  activities  as  provided  in  chapter  307  of  the 
Laws  of  1953  as  amended  by  chapter  197,  Laws  of  1955,  shall 
be  excused  from  giving  his  testimony  or  producing  docu- 
mentary evidence  upon  the  ground  that  such  testimony  or 
documentary  evidence  could  tend  to  incriminate  him  provided 
that  upon  claim  of  privilege  against  self-incrimination,  on 
relation  of  the  attorney  general,  any  justice  of  the  superior 
court  has  adjudged  the  testimony  of  such  witness  or  the  pro- 
duction of  such  evidence  to  be  necessary  in  the  public  interest 
confirmed  by  such  justice  in  a  written  communication  to  the 
witness  which  shall  be  made  a  part  of  the  record  of  the  hear- 
ing, case  or  proceeding  in  which  such  testimony  or  evidence 
is  given.  But  no  such  witness  shall  be  prosecuted  or  subjected 
to  any  penalty  or  forfeiture  for  or  on  account  of  any  trans- 
action, matter,  or  thing  concerning  which  he  is  compelled,  after 
having  claimed  his  privilege  against  self-incrimination,  to 
testify  or  produce  evidence,  documentary  or  otherwise  and  no 
testimony  so  given  by  him  shall  in  any  prosecution  be  used  as 
evidence,  either  directly  or  indirectly,  against  him  nor  shall  he 
thereafter  be  prosecuted  for  any  offense  so  disclosed  by  him. 


508  Chapter  313  [1955 

2.  Limitation.  No  witness  shall  be  exempt  under  any  pro- 
vision hereof  from  prosecution  for  perjury  or  contempt  com- 
mitted while  giving  testimony  or  producing  evidence  under 
compulsion  as  provided  for  herein. 

3.  Federal  Immunity.  Should  federal  law  subsequently 
permit  a  grant  of  concurrent  federal  immunity  the  attorney 
general  is  directed  to  request  such  concurrent  federal  immunity 
in  the  case  of  each  witness  about  to  be  compelled  to  testify 
by  authority  of  this  act. 

4.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  313. 


an  act  providing  for  the  development  of  concord  lake 

Project. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Concord  Lake  Study  Commission.  There  is  hereby 
directed  to  be  created  a  commission  to  consist  of  seven  mem- 
bers of  whom  at  least  three  shall  be  from  Concord  and  two 
from  Bow  to  be  appointed  by  the  governor,  and  to  be  known 
as  the  Concord  Lake  Study  Commission.  One  member  of  the 
total  number  of  members  shall  be  a  resident  owner  of  land 
under  study  by  the  commission  as  submerged  or  littoral  areas 
of  the  Concord  Lake  Project  so-called.  The  members  of  the 
commission  originally  appointed  shall  hold  office  until  August 
1,  1957,  at  which  time  this  commission  shall  be  terminated. 
If  any  vacancy  shall  occur  in  the  membership  prior  to  such 
date  it  shall  be  filled  by  appointment  of  the  governor  with  the 
advice  and  consent  of  the  council  for  the  remainder  of  the  un- 
expired term.  Commission  members  shall  serve  without  pay 
except  that  they  shall  be  reimbursed  for  their  actual  expenses 
while  engaged  in  the  business  of  the  commission  from  the 
voluntary  contributions  hereinafter  authorized  to  be  solicited. 

2.  Duties  of  the  Commission.  The  commission  shall  study 
the  feasibility  of  constructing  on  Turkey  River  in  Concord  at 


1955]  Chapter  313  509 

a  point  westerly  of  St.  Paul's  school,  a  dam,  the  crest  of  the 
spillway  of  which  shall  not  exceed  an  elevation  of  three  hundred 
forty  feet  above  sea  level,  for  the  purpose  of  creating  an 
artificial  body  of  water  suitable  for  recreational  and  other 
public  uses  to  be  known  as  Concord  Lake.  The  commission  may 
also  study  other  locations  in  the  vicinity  which  might  be  suit- 
able for  the  creation  of  such  a  lake.  The  commission  shall  make 
studies  of  the  various  public  uses  which  such  a  body  of  water 
could  serve ;  and  it  shall  cause  to  be  made  such  studies  as  are 
necessary  to  determine  whether  the  creation  of  the  said  Con- 
cord Lake  is  physically  and  financially  feasible,  to  determine 
the  area  of  land  necessary  to  be  acquired  to  create  the  said 
Concord  Lake  including  the  area  of  littoral  land  necessary  or 
desirable  to  be  acquired  to  fulfill  the  various  public  uses  which 
Concord  Lake  might  reasonably  serve,  to  determine  the  revenue 
producing  potentials  of  such  areas  of  land  as  might  be  acquired 
and  to  determine  whether  such  a  facility  can  be  constructed, 
operated  and  maintained  under  the  direction  of  a  state  com- 
mission without  appropriation  of  funds  by  the  state  or  a  pledge 
of  the  state's  credit,  by  the  sale  of  bonds  secured  by  revenues 
expected  to  be  earned  from  the  lake  facility  and  the  properties 
thereof.  The  commission  shall  cause  to  be  made  all  such  studies 
as  are  reasonably  necessary  or  desirable  in  the  determination 
of  the  foregoing  matters  and  matters  reasonably  incident 
thereto.  The  commission  shall  make  a  report  to  the  governor 
and  council  of  the  results  of  the  studies  that  it  shall  have  made 
by  November  1,  1956. 

3.  Revenues  of  the  Commission.  The  commission  is  hereby 
authorized  to  solicit  and  to  receive  from  any  donor  voluntary 
contributions  to  the  commission  for  the  accomplishment  of  its 
purposes;  and  the  city  of  Concord  and  other  towns  and  cities 
in  Merrimack  county  are  hereby  authorized  to  appropriate 
funds  and  make  contributions  to  the  work  of  the  commission 
if  they  desire.  The  commission  shall  not  incur  obligations 
beyond  the  limits  of  amounts  it  shall  have  obtained  from  con- 
tributions to  it. 

4.  Powers  of  the  Commission.  The  commission  shall  be 
authorized  to  employ  such  engineers,  surveyors,  architects, 
experts,  assistants,  agents  and  servants  as  are  necessary  or 
desirable  in  the  accomplishment  of  the  purposes  for  which  it  is 


510  Chapter  314  [1955 

created;  provided,  that  the  compensation,  fees,  charges  or 
salaries  of  such  individuals,  firms  or  organizations  shall  be 
payable  only  from  funds  the  commission  shall  have  acquired 
by  voluntary  contributions  as  hereinbefore  provided. 

5.    Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  314. 

AN  ACT  RELATIVE  TO  THE  LaCONIA  STATE  SCHOOL. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Laconia  State  School.  Amend  chapter  129  of  the  Re- 
vised Laws,  as  amended  by  chapters  99  and  229,  Laws  of  1953, 
(chapter  171,  RSA)  by  striking  out  said  chapter  and  inserting 
in  place  thereof  the  following  new  chapter: 

Chapter  129 
Laconia  State  School 

1.  State  School.  The  state  shall  maintain  a  school  for 
the  care  and  instruction  of  the  mentally  deficient  which  shall 
be  known  as  the  Laconia  State  School. 

2.  Trustees'  Powers.  The  trustees  shall  have  the  general 
management  and  supervision  of  said  school,  and  once  each 
month  shall  hold  a  meeting  thereat.  They  shall  have  power  to 
administer  all  rules  and  regulations  as  to  admission  to,  and 
for  the  government  and  control  of,  said  institution  and  its 
children,  and  to  do  everything  necessary  to  properly  care  for 
and  educate  the  mentally  deficient  persons  of  the  state. 

3.  Superintendent.  The  trustees  shall,  subject  to  the 
approval  of  the  governor  and  council,  appoint  a  superintendent 
of  the  school  who,  subject  to  the  control  of  the  trustees,  shall 
have  charge  of  the  lands,  buildings,  furniture,  tools,  imple- 
ments, stock,  provisions,  and  other  property  of  the  institution. 
He  shall  keep,  in  suitable  books,  regular  and  complete  accounts 
of  all  his  receipts  and  expenditures,  and  of  the  debts,  credits, 


1955]  Chapter  314  511 

contracts,  and  property  of  the  institution,  showing  its  income 
and  expenses,  and  shall  account  to  the  trustees  annually,  and 
at  such  other  times  as  they  may  require,  for  all  money  received 
and  paid  out  by  him.  Such  accounts  shall  be  specific,  contain- 
ing the  dates  and  amounts  of  all  receipts,  and  the  date,  quantity 
and  price  of  every  article  purchased  or  procured.  There  is 
specifically  excepted  from  the  foregoing  such  accounts  and 
accountability  as  is  required  otherwise  by  the  department  of 
administration  and  control.  The  superintendent  shall  be  a  con- 
stant resident  at  the  institution,  and  he  and  subordinate  officers 
of  the  school,  under  his  direction,  shall  have  the  custody  and 
charge  of  the  scholars  therein,  shall  discipline,  govern,  instruct, 
and  employ  them,  and  shall  use  their  best  endeavors  to  pre- 
serve their  health,  promote  their  improvement  in  such  studies, 
trades,  and  employments  as  may  be  suited  to  their  ages  and 
capacities,  and  to  secure  the  formation  of  moral,  religious  and 
industrious  habits. 

4.  Deputy  Superintendent.  The  superintendent,  subject 
to  the  approval  of  the  board  of  trustees,  shall  appoint  a  deputy 
superintendent  who  shall  perform  such  duties  as  may  be 
assigned  to  him,  and  in  the  absence  of  the  superintendent  shall 
perform  all  of  the  duties  of  the  superintendent. 

5.  Detention.  Mentally  deficient  persons,  legally  received 
into  said  school  shall  be  detained  in  custody,  regardless  of  age 
or  length  of  residence,  if,  in  the  judgment  of  the  board  of 
trustees,  their  segregation  is  for  the  best  interest  of  the  person 
concerned  and  of  the  public. 

6.  State  Charges.  All  indigent  mentally  deficient  persons 
in  this  state  may  be  received  as  state  wards. 

7.  Non-residents.  Mentally  deficient  persons,  residents 
of  other  states,  may  be  received  into  said  school  provided  there 
is  space  available  without  excluding  resident  persons  found  to 
be  fit  subjects  for  said  school.  Expenses  for  said  non-resident 
persons  shall  be  borne  by  the  state  of  residence  or  any  political 
sub-division  thereof,  or  by  persons  legally  chargeable  with 
their  support. 

8.  Change  of  Residence.  If  the  residence  of  the  parent 
or  guardian  of  any  mentally  deficient  person  of  the  Laconia 
state  school  is  changed  to  another  state,  the  board  of  trustees 


512  Chapter  314  [1955 

may  negotiate  with  officials  of  the  other  state  for  a  transfer 
of  said  person  to  the  state  of  residence  of  the  said  parent  or 
guardian.  The  trustees  may  also  enter  into  agreements,  reci- 
procal in  nature,  to  accept  transfers  from  like  institutions  of 
other  states,  of  resident  mentally  deficient  persons  whose 
parent  or  guardian  has  established  a  legal  residence  in  this 
state. 

9.  Order  of  Admissions.  Prior  consideration  shall  be 
given  to  applicants  already  supported  at  public  expense. 

10.  Defective  Delinquents.  Whenever  any  mentally  de- 
ficient person  demonstrates,  in  the  opinion  of  the  board  of 
trustees,  by  his  continuous  conduct  that  he  may  seriously 
injure  or  endanger  other  persons  of  the  school,  the  trustees 
may,  through  the  office  of  the  attorney  general,  file  a  petition 
with  the  superior  court,  stating  the  method  of  original  com- 
mittal, the  reasons  for  the  transfer  request,  and  the  place  to 
which  said  person  is  to  be  transferred.  The  superior  court  may 
approve  such  transfer  if  it  is  of  the  opinion  that  the  best 
interests  of  the  person  and  of  the  public  are  being  served. 

11.  Modification  of  Order.  The  superior  court  shall  have 
continuing  jurisdiction  to  modify  its  order  in  such  cases  and 
shall  consider  petitions  for  further  commitments  as  may  be 
brought  by  the  trustees  of  the  receiving  institutions. 

12.  Costs  of  Maintenance.  The  school  shall  continue  to 
bear  the  necessary  cost  of  maintenance  and  care  of  persons 
transferred  under  the  authority  of  section  10,  provided,  how- 
ever, that  this  in  no  way  relieves  the  person  or  persons 
chargeable  with  the  support  of  the  said  person,  from  their 
duty  to  pay  to  the  state  the  costs  as  provided  by  law. 

13.  Committals.  Any  petition  for  the  committal  of  any 
person  to  the  Laconia  state  school  shall  be  referred  by  the 
judge  of  probate  to  the  mental  hygiene  clinic,  or  a  suitable 
and  adequate  agency  approved  by  the  mental  hygiene  clinic, 
for  study,  report  and  recommendation,  prior  to  hearing.  Upon 
the  finding  that  such  person  is  a  suitable  subject  for  said 
institution,  such  person  may  be  committed  to  said  school  by 
an  order  of  commitment,  directed  to  the  superintendent,  accom- 
panied by  a  certified  copy  of  the  report  prepared  and  executed 
by  said  clinic. 


1955]  Chapter  314  513 

14.  Warrant;  Return.  The  register  shall  issue  a  war- 
rant in  duplicate,  commanding  such  suitable  person  as  the 
judge  shall  select  to  deliver  the  person  ordered  to  be  committed 
to  the  superintendent  of  said  school.  The  agent  shall  endorse 
upon  each  copy  that  he  has  delivered  the  person  as  ordered, 
and  the  superintendent  shall  endorse  upon  each  copy  a  receipt 
naming  the  agent  from  whom  the  person  was  received.  One 
copy  of  the  warrant  so  endorsed  shall  be  returned  to  the  court 
and  filed  with  the  commitment  papers  and  the  other  copy  shall 
be  left  with  the  superintendent.  No  male  person,  other  than 
the  husband  or  father,  shall  act  as  such  agent  for  the  commit- 
ment of  a  female  unless  accompanied  by  a  responsible  woman 
of  mature  age. 

15.  Delinquents.  Defective  delinquent  persons  having 
criminal  records  or  criminalistic  or  incorrigible  tendencies  of 
such  nature  as  to  make  their  presence  in  said  school  detri- 
mental to  the  other  persons  shall  not  be  committed  there,  but 
may  at  the  discretion  of  the  judge  of  probate  be  detained 
pending  proceedings  for  commitment  to  some  other  institution 
suited  to  their  care. 

16.  Fee.  Whenever,  upon  such  application,  there  is  oc- 
casion for  a  special  session  the  judge  of  probate  shall  be 
allowed  the  legal  fee  and  his  expenses,  to  be  paid  by  the  county 
treasurer  upon  the  certificate  of  the  county  commissioners. 

17.  Committals  by  Municipal  Courts.  Municipal  courts 
may  commit  to  the  said  school,  under  the  provisions  of  section 
15  of  chapter  132  of  the  Revised  Laws  (section  18,  chapter  169, 
RSA),  provided  that  said  person  has  been  referred  to  the 
mental  hygiene  clinic  as  in  the  case  of  committals  by  the  judge 
of  probate  under  section  13  hereof. 

18.  Committals  by  Superior  Courts.  Whenever,  in  any 
proceeding  before  the  superior  court,  it  shall  appear  that  any 
respondent  or  any  person  being  examined  as  provided  by  sec- 
tion 4,  chapter  314  of  the  Laws  of  1949,  is  mentally  deficient, 
the  justice  thereof  may  require  an  examination  of  said  person 
by  the  mental  hygiene  clinic  as  provided  in  section  13  hereof. 
Upon  a  finding  that  said  person  is  a  fit  subject  for  said  school, 
the  justice  may  issue  an  order  of  commitment  directed  to  the 
superintendent  and  trustees  thereof.  The  court  shall  have  con- 


514  •      Chapter  314  [1955 

tinuing"  jurisdiction  and  may  alter  or  amend  such  order  of 
commitment  as  may  be  necessary.  Nothing  contained  herein 
shall  relieve  any  person  legally  chargeable  from  payment  for 
care  and  custody  of  said  person. 

19.  Placement.  The  trustees  may  permit  any  person  of 
the  school  to  leave  the  institution  on  placement  or  change 
the  conditions  on  which  it  is  granted.  They  shall  cause  an  in- 
vestigation to  be  made  prior  to  the  granting'  of  such  placement, 
as  to  the  home  into  which  such  person  is  to  go  if  placed,  and 
other  conditions  and  circumstances  which  may  affect  his  or 
her  welfare  and  behavior,  and  shall  provide  such  supervision 
of  placed  persons  as  may  be  deemed  necessary  for  their  wel- 
fare. The  trustees  may  revoke  the  placement  and  order  the 
return  of  the  person  to  whom  it  has  been  granted.  No  length 
of  absence  or  placement  shall  operate  as  a  discharge  from  the 
school. 

20.  Discharge.  Any  person  of  the  school  may  be  dis- 
charged by  any  quorum  of  the  trustees,  or  by  a  justice  of  the 
superior  court,  whenever  a  further  detention  at  the  school  is 
in  their  opinion  unnecessary;  but  any  person  so  discharged 
who  was  under  sentence  of  imprisonment  at  the  time  of  his 
commitment,  the  period  of  which  shall  not  have  expired,  shall 
be  remanded  to  prison.  The  superintendent  shall  file  with  the 
state  board  of  health  the  names  of  persons  discharged,  paroled 
or  in  placement  from  said  school  as  provided  in  chapter  338, 
section  14. 

21.  Escapes.  If  any  person  shall  escape  from  said  school, 
it  shall  be  the  duty  of  the  superintendent  and  his  assistants, 
and  of  any  police  officer,  sheriff,  or  deputy  sheriff  to  take  and 
detain  such  person  without  a  warrant  and  return  him  forth- 
with to  said  school.  All  reasonable  expense  for  such  detention 
and  return  shall  be  borne  by  said  school. 

22.  Limitation.  Committal  to  and  admittance  into  the 
Laconia  state  school  shall  be  only  in  accordance  with  the  pro- 
visions of  this  chapter. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


1955]  Chaptek  315  515 

CHAPTER  315. 

AN  ACT  RELATIVE  TO  REIMBURSEMENT  TO  TOWNS  AND  CITIES  FOR 
LAND  TAKEN  BY  THE  UNITED  STATES  FOR  FLOOD  CONTROL. 

Be  it  enacted  by  the  Senate  and  House  of  Rep-resentatives  in 
General  Court  convened: 

1.  Permanent  Reimbursement  Policy  for  Real  Estate  Ac- 
quired for  Flood  Control  Purposes.  Amend  section  4,  chapter 
4,  Revised  Laws  as  amended  by  chapter  41,  Laws  of  1945,  chap- 
ter 260,  Laws  of  1949  and  chapter  128,  Laws  of  1953,  (section  4, 
chapter  122,  RSA)  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following :  4.  Reimbursement  to  Cities  and 
Towns  Authorized.  On  or  before  the  first  day  of  October  of 
each  year,  the  state  treasurer  shall  pay  to  each  town  and  city 
in  which  any  taxable  real  estate  or  interest  therein  has  been 
acquired  hereunder  by  the  United  States  and  thus  become  tax 
exempt  for  such  year,  a  sum  equal  to  the  taxes  which  would 
have  been  assessed  against  said  real  estate  or  interest  therein 
in  such  town  or  city  if  the  same  had  been  included  in  the  list 
of  taxable  property  for  such  year  at  an  assessed  valuation  of 
the  same  determined  as  provided  in  this  section.  For  land 
acquired  by  the  United  States  hereunder,  reimbursement  shall 
be  made  upon  a  valuation  determined  as  provided  herein  on  a 
permanently  continuing  basis,  and  if  growing  wood  and  timber 
was  taxable  as  real  estate  on  the  date  of  acquisition  by  the 
United  States  of  the  land  on  which  it  stood,  it  shall  be  deemed 
to  be  land  hereunder.  For  all  artificial  improvements  on  land 
acquired  by  the  United  States  hereunder,  including  buildings, 
structures  and  other  artificial  real  estate  fixtures  of  whatsoever 
kind  and  nature,  reimbursement  shall  be  made  upon  a  valuation 
determined  initially  as  provided  herein  and  thereafter  annually 
reduced  by  two  and  one-half  per  cent  so  that  at  the  end  of 
forty  years  reimbursement  therefor  shall  have  terminated.  On 
land  and  improvements  thereon  acquired  by  the  United  States 
hereunder  prior  to  or  on  April  1,  1955,  the  tax  commission  shall, 
prior  to  September  15,  1955,  fix  anew  such  separate  valuations 
thereon,  for  purposes  of  reimbursement,  as  will  make  the  same 
currently  proportional  with  the  assessed  value  of  all  other 
property  in  the  town  or  city  which  is  subject  to  taxation;  and 
the  valuation  of  improvements  thus  determined  shall  there- 
after be  annually  reduced  over  a  forty-year  period  as  above 


516  Chapter  315  [1955 

provided.  On  land  and  improvements  thereon  acquired  by  the 
United  States  hereunder  after  April  1, 1955,  the  initial  assessed 
valuation  of  the  same  for  purposes  of  reimbursement  shall  be 
the  locally  assessed  valuation  thereon  for  the  tax  year  in  which 
acquired  as  adjusted  by  the  assessors  and  the  tax  commission 
acting  as  a  joint  board,  so  as  to  make  such  valuation  propor- 
tional to  the  value  of  all  other  property  in  such  town  or  city 
subject  to  taxation;  and  for  purposes  of  this  section  the  joint 
board  may  subdivide  such  assessment  equitably  between  land 
and  improvements  thereon  or  between  real  estate  acquired 
and  that  not  acquired,  if  the  official  assessment  was  not  thus 
subdivided;  and  the  valuations  of  improvements  thus  deter- 
mined shall  thereafter  be  annually  reduced  over  a  forty-year 
period  as  above  provided.  On  land,  the  valuations  initially 
established  as  above  provided  in  a  town  or  city  shall  be  re- 
viewed by  the  tax  commission  at  least  once  in  every  five  years 
and  more  frequently  if  reasonably  necessary  and  be  changed 
as  necessary  to  make  them  proportional  with  the  assessed  value 
of  all  other  taxable  property  in  such  town  or  city.  The  amount 
of  the  reimbursement  due  to  each  town  and  city  hereunder 
shall  be  determined  by  the  tax  commission  and  certified  by  it 
to  the  state  treasurer  on  or  before  the  fifteenth  day  of  Septem- 
ber of  each  year.  The  tax  commission  shall  reduce  the  amount 
of  reimbursement  thus  determined  by  any  amount  paid  or  due 
that  town  or  city  for  that  year  by  or  from  the  United  States, 
another  state,  an  interstate  flood  control  agency  or  other 
source,  because  of  such  loss  of  taxable  valuation.  The  governor 
is  authorized  to  draw  his  warrant  for  the  payment  of  such 
reimbursements  out  of  any  money  in  the  treasury  not  other- 
wise appropriated.  Provided  however,  that  reimbursement  pay- 
ments for  loss  of  taxes  on  account  of  the  acquisition  of  rail- 
road or  public  utility  property  shall  be  reduced  to  the  extent 
that  such  railroad  or  public  utility  property  is  relocated  and 
reconstructed  in  the  same  town  or  city  as  a  result  of  such 
acquisition,  and  thereby  is  included  to  that  extent  in  the  list 
of  taxable  property  in  said  town  or  city  as  relocated. 

2.  State  Funds.  Amend  section  6,  chapter  4,  Revised  Laws, 
(section  6,  chapter  122,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  6.  Funding  of  Re- 
imbursement. The  tax  commission  shall  propose  to  each 
biennial  session  of  the  legislature  an  estimate  of  the  full 


1955]  Chapter  316  517 

amount  needed  to  make  the  reimbursements  provided  for  in 
section  4  for  the  ensuing  biennium.  In  the  event  that  the 
amount  appropriated  in  any  biennium  shall  be  insufficient,  then 
the  towns  and  cities  entitled  to  benefits  hereunder  shall  be 
reimbursed  proportionately,  unless  otherwise  subsequently 
ordered  by  the  legislature. 

3.     Takes  Effect.     The  provisions  of  section  2  hereof  shall 
take  eif  ect  as  of  July  1,  1957  and  the  remaining  sections  hereof 
shall  take  effect  upon  the  passage  of  this  act. 
[Approved  August  5,  1955.] 


CHAPTER  316. 

AN  ACT  RELATING  TO  CERTIFICATES  REQUIRED  IN  COMMITTING  A 
PATIENT  TO  THE  STATE  HOSPITAL. 

Be  it  enacted  by  the  ScTiate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Committal  to  State  Hospital.  Amend  section  18  of  chap- 
ter 17  of  the  Revised  Laws  (section  21,  chapter  185,  RSA)  by 
inserting  after  the  word  "court"  in  the  seventh  line  the  words, 
or  a  chief  or  deputy  chief  of  police,  so  that  said  section  as 
■amended  shall  read  as  follows:  18.  Physicians'  Certificates. 
No  person  shall  be  committed  to  the  state  hospital,  except  as 
otherwise  specially  provided,  without  the  certificate  of  two 
reputable  physicians  that  such  person  is  insane,  given  after  a 
personal  examination  made  within  one  week  of  the  committal. 
Such  certificate  shall  be  accompanied  by  a  certificate  of  a  judge 
of  the  superior  or  probate  court,  a  county  commissioner,  mayor, 
or  city  clerk,  or  a  justice  of  the  municipal  court,  or  a  chief  or 
deputy  chief  of  police  of  a  city,  or  one  of  the  selectmen  of  a 
town,  or  the  town  clerk,  certifying  to  the  genuineness  of  the 
signatures  and  the  respectability  of  the  signers.  The  physicians 
making  such  examination  shall  be  legally  registered  to  practice 
medicine  in  this  state,  and  in  the  actual  practice  of  their  pro- 
fession at  the  time  of  said  examination  and  for  at  least  three 
years  prior  thereto.  They  shall  act  jointly  in  making  such  ex- 
amination, and  their  certificate  shall  bear  the  date  thereof. 
Neither  of  said  physicians  shall  be  a  relative  of  the  person 


518  Chapter  317  [1955 

alleged  to  be  insane,  or  an  official  of  the  institution  to  which 
it  is  proposed  to  commit  him.  The  certificate  of  insanity  shall 
be  in  the  form  prescribed  by  the  commission  of  mental  health 
and  shall  contain  the  facts  and  circumstances  upon  which  the 
judgment  of  the  physicians  is  based. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  317. 

AN  ACT  PROVIDING  FOR  THE  ELECTION  OF  COUNTY  COMMISSIONERS 
FROM  THE  COMMISSIONER  DISTRICTS  OF  HILLSBOROUGH 

COUNTY. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Hillsborough  County.  Amend  section  1  of  chapter  45 
of  the  Revised  Laws  (section  1,  chapter  64,  RSA)  as  amended 
by  section  1,  chapter  261,  Laws  of  1955  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following :  1.  Elec- 
tion; Term.  There  shall  be  chosen  at  each  biennial  election, 
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  counties 
of  Grafton  and  Hillsborough  the  inhabitants  of  the  several 
towns  in  each  of  the  commissioner  districts,  so  qualified,  shall 
choose  at  each  election  one  commissioner  for  said  district. 

2.  Commissioner  Districts.  Amend  chapter  45  of  the  Re- 
vised Laws  (chapter  64,  RSA)  by  inserting  after  section  2 
the  following  new  section:     2-a.     Hillsborough  County.    The 

county  of  Hillsborough  is  divided  into  three  districts,  as  pro- 
vided in  paragraph  I,  section  14,  chapter  45,  Revised  Laws,  for 
the  purpose  of  choosing  county  commissioners  and  each  district 
is  entitled  to  elect  one  commissioner. 


1955]  Chapter  318  519 

3.  Qualifications.  Amend  section  2  of  chapter  45,  Revised 
Laws  (section  2,  chapter  64,  RSA)  as  amended  by  section  3, 
chapter  261,  Laws  of  1955,  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  probate,  or  county  com- 
missioner unless  he  is  a  resident  of  the  county  for  which  he  is 
chosen,  and,  in  the  case  of  the  county  commissioners  of  the 
counties  of  Grafton  and  Hillsborough  unless  he  is  a  resident 
also  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.  iCommi'ssioners.  Amend  section  15,  chapter  45,  Revised 
Laws  (section  12,  chapter  64,  RSA)  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  15.  Eligibility, 
Voting  and  Election.  In  the  foregoing  counties,  no  person 
shall  be  eligible  to  be  a  candidate  for  county  commissioner 
except  from  the  district  in  which  he  is  a  resident.  The  in- 
habitants of  said  counties  may  vote  for  not  more  than  one 
candidate  from  each  district,  except  in  the  counties  of  Grafton 
and  Hillsborough  where  the  inhabitants  of  each  district  therein 
may  vote  for  not  more  than  one  candidate  from  said  district. 
In  all  of  said  counties  the  candidate  receiving  the  highest 
number  of  votes  in  any  one  district  shall  be  declared  elected 
county  commissioner  from  that  district. 

5.  Takes  Effect.  This  act  shall  take  effect  for  the  nomina- 
tion and  election  of  Hillsborough  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  this  act  takes  effect. 
[Approved  August  5,  1955.] 


CHAPTER  318. 

AN  ACT  CONCERNING  INVESTMENTS  BY  SAVINGS  BANKS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Investments  of  Savings  Banks;   Limitations.      Amend 


520  Chapter  319  [1955 

paragraph  I  of  section  3  of  chapter  310  of  the  Revised  Laws 
as  inserted  by  chapter  195  of  the  Laws  of  1953  (section  3, 
chapter  387,  RSA)  and  as  amended  by  section  18,  chapter  214, 
Laws  of  1955,  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,  in  loans  authorized  by  paragraph  I  of  sec- 
tion 4  of  this  chapter,  an  amount  to  any  one  borrower  not 
exceeding  two  and  one-half  per  cent  of  deposits  or  fifteen  per 
cent  of  capital  funds,  whichever  is  greater,  but  in  no  case  in 
excess  of  twenty-two  thousand  five  hundred  dollars  unless  in 
such  case  fifteen  per  cent  of  capital  funds  exceeds  said  latter 
sum,  in  which  case  the  limit  shall  be  fifteen  per  cent  of  capital 
funds  for  such  bank. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  319. 

AN  ACT  RELATIVE  TO  TRUST  DEPOSITS  IN  BANKS. 

Be  it  enacted  by  the  Seriate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Deposit  in  Writing  in  the  form  "a,  trustee  for  b".  When 
any  deposit  shall  be  made  in  a  bank  by  any  person  in  trust  for 
another,  including  a  minor,  and  no  other  or  further  notice  of 
the  existence  and  terms  of  a  legal  and  valid  trust  shall  have 
been  given  in  writing  to  the  bank,  in  the  event  of  the  death 
of  the  trustee,  the  deposit,  together  with  the  dividends  credited 
thereon,  may  be  paid  to  the  person  for  whom  the  deposit  was 
made,  and  the  receipt  or  acquittance  of  such  person  shall  be 
a  valid  and  sufficient  release  and  discharge  to  the  bank  for  any 
payment  so  made. 


1955]  Chapter  320  521 

2.  Definitions.  The  word  bank  shall  apply  to  state  banks, 
mutual  savings  banks,  guaranty  savings  banks,  national  bank- 
ing associations,  building  and  loan  associations,  co-operative 
banks,  Morris  Plan  banks,  trust  companies,  federal  savings 
and  loan  associations,  and  credit  unions.  The  word  deposit  shall 
apply  to  all  types  of  deposits  or  accounts  in  the  above-named 
institutions,  whether  represented  by  a  certificate,  a  deposit 
book,  an  account  book,  or  by  any  other  form  of  document,  as 
well  as  to  checking  accounts. 

3.  Application  of  Act.  This  act  shall  apply  to  present  de- 
posits in  such  banks,  providing  the  trustee  and  beneficiaries 
have  not  deceased  prior  to  the  effective  date  of  this  act,  and 
the  continued  maintenance  of  present  deposits  in  such  banks 
in  the  form  hereinabove  provided  without  change  shall  be  con- 
strued as  constituting  acceptance  of  the  legal  effect  of  this 
act  by  said  trustee  and  beneficiaries  to  the  extent  that  any 
such  acceptance  and  consent  may  be  required  to  permit  this 
act  to  apply  to  present  deposits. 

4.  Construction.  This  act  shall  in  no  way  affect  the  pro- 
visions of  section  20,  chapter  309,  (RSA  386:19)  section  8, 
chapter  314,  (RSA  393:12)  sections  3  and  4,  chapter  87  of  the 
Revised  Laws  (RSA  86:8,9)  and  chapter  162,  Laws  of  1953 
(RSA  384:28-31). 

5.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  320. 

AN  ACT  RELATIVE  TO  THE  SOLICITATION  OF  BRIBES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Bribery.  Amend  section  25  of  chapter  457  of  the  Re- 
vised Laws  (chapter  587,  RSA)  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  25.  Giving 
Bribes.  If  any  person  shall  give,  offer  or  promise  to  any  officer 
or  employee  of  the  state,  or  of  a  county,  city,  town  or  district, 


522  Chapter  321  [1955 

any  money,  services  or  other  thing  of  value  M^ith  intent  to  in- 
fluence his  action  as  to  any  matter  over  which  said  officer  or 
employee  has  control  or  is  entrusted  with  on  behalf  of  the  body 
by  which  he  is  employed,  he  shall  be  imprisoned  not  more  than 
five  years  or  fined  not  more  than  three  thousand  dollars,  or 
both. 

2.  Solicitation.  Amend  section  26  of  chapter  457  of  the 
Revised  Laws  (chapter  587,  RSA)  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  26.  Receiving 
or  Soliciting  Bribes.  If  any  officer  or  employee  of  the  state, 
or  of  a  county,  city,  town  or  district,  shall  accept,  offer  to 
accept  or  solicit  the  making  of  any  gift,  offer  or  promise  made 
as  aforesaid,  he  shall  be  imprisoned  not  more  than  ten  years, 
or  fined  not  more  than  five  thousand  dollars,  or  both,  and  shall 
be  disqualified  thereafter  to  hold  any  public  office,  trust  or 
appointment. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  321. 


AN  ACT  RELATIVE  TO  THE  CHANGE  OF  DESIGNATION  OF  THE 

DEPUTY  DIRECTOR  OF  RECREATION  AND  TO  THE  SALARY 

OF  SAID  OFFICE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Deputy  Director  of  Recreation.  Amend  paragraph  II  of 
section  1  of  chapter  265  of  the  Laws  of  1953  by  striking  out 
the  words  "assistant  director  of  recreation  5,500-6,325"  in  the 
fifth  line  and  inserting  in  place  thereof  the  following :  Deputy 
director  of  recreation,  6,000-6,900. 

2.  Takes  Effect.     This  act  shall  take  effect  July  1,  1955. 
[Approved  August  5,  1955.] 


1955]  Chapter  322  523 

CHAPTER  322. 

AN  ACT  AUTHORIZING  THE   MERRIMACK  VILLAGE  DISTRICT  TO 

ISSUE  BONDS  OR  NOTES,  AND  RELATIVE  TO  APPEALS 

BEFORE  MUNICIPAL  COURTS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Authorization.  The  Merrimack  Village  District  in  the 
town  of  Merrimack  is  hereby  authorized  to  incur  indebted- 
ness in  an  amount  not  exceeding  one  hundred  fifty  thousand 
($150,000)  dollars,  excluding  the  amount  authorized  by  chap- 
ter 72  of  the  Revised  Laws,  for  the  purpose  of  purchasing  or 
constructing,  or  both,  and  maintaining  and  operating  such 
water  works  system  as  it  may  deem  necessary  for  municipal 
use  and  for  the  use  of  its  inhabitants  and  others.  Said  district 
shall  have  all  necessary  power  to  take  any  property,  including 
any  existing  utilities  within  the  district,  in  accordance  with 
the  provisions  of  section  3,  chapter  56,  of  the  Revised  Laws, 
(section  3,  chapter  38,  RSA)  that  it  may  need  in  connection 
with  the  establishment  of  such  water  system,  by  condemnation 
proceedings. 

2.  Issuance  of  Bonds  or  Notes.  The  Merrimack  Village 
District  is  hereby  authorized  to  issue  serial  notes  or  bonds  to 
an  amount  not  exceeding  one  hundred  fifty  thousand  ($150,000) 
dollars  for  the  purpose  of  the  construction  of  a  district  water 
system. 

3.  Debt  Limit.  In  ascertaining  the  debt  limit  of  said  Mer- 
rimack Village  District  the  debt  hereby  authorized  shall  be 
excluded. 

4.  Appeals.  Amend  section  5  of  chapter  425  of  the  Revised 
Laws  (section  4,  chapter  599,  RSA)  by  striking  out  the  words 
"shall  add  to  the  costs  fees  for  the  copies  sent  to  the  clerk, 
fifty  cents  for  the  clerk's  certificate  and  fifty  cents  for  record- 
ing it,"  in  the  second  and  third  lines  and  by  striking  out  the 
words  "with  such  increased  costs"  in  the  fourth  and  fifth  lines 
so  that  said  section  as  amended  shall  read  as  follows:  5. 
Enforcing  Original  Sentence.  The  justice  shall  record  such 
certificate,  and  he  shall  issue  a  mittimus  or  other  process  to 
carry  into  effect  the  original  sentence. 


524  Chapter  323  [1955 

5.  Application  of  Laws.  Except  as  otherwise  provided  by 
this  act,  the  provisions  of  chapter  72  of  the  Revised  Laws 
(chapter  33,  RSA)  shall  apply  to  the  serial  notes  and  bonds 
herein  authorized. 

6.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  323. 

AN  ACT  RELATIVE  TO  THE  APPEAL  BOARD  IN  PUBLIC  CONSTRUCTION 

CONTRACTS,  PROVIDING  FOR  A  DEPUTY  LABOR  COMMISSIONER, 

RELATIVE  TO  THE  BOARD  OF  ARBITRATION  AND  INCREASING 

THE  SALARY  OF  THE  DEPUTY  STATE  TREASURER. 

Be  it  enacted  by  the  SeTiate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Board  of  Appeal.  Amend  section  3  of  chapter  214  of  the 
Revised  Laws  (section  3,  chapter  280,  RSA)  as  amended  by 
section  2,  chapter  248,  Laws  of  1951  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following :  3.  Appeal. 
Within  fifteen  days  after  such  wage  rates  shall  be  determined 
in  accordance  with  the  provisions  of  the  preceding  sections  1 
and  2,  such  rates  may  be  appealed  by  an  association  of  em- 
ployees or  employers,  any  two  citizens  of  the  state,  or  any 
public  awarding  agency,  such  appeal  to  be  heard  before  a  board 
of  three,  constituted  as  follows :  The  governor  and  council  shall 
appoint  two  members  for  a  term  of  two  years  each.  Employers 
and  organized  employees  in  the  construction  industry  shall 
each  be  represented  on  said  board.  The  third  member  of  said 
board  shall  be  appointed  by  the  first  two  members,  and  in  case 
the  two  cannot  agree  on  the  third  member  within  thirty  days 
after  their  own  appointment,  said  third  member  shall  be  ap- 
pointed by  the  governor  and  council.  If  while  an  appeal  is 
pending  any  member  of  the  appeal  board,  by  reason  of  illness, 
absence  from  the  state  or  otherwise,  is  unable  to  perform  his 
duties,  the  governor  shall  appoint  a  person  to  act  in  his  stead 
with  respect  to  that  appeal  then  pending.  Upon  the  filing  of 
an  appeal  hereunder,  the  appeal  board  shall  fix  a  time  and  place 


1955]  Chapter  323  525 

for  a  public  hearing  thereon  to  be  held  not  later  than  seven 
days  after  filing  of  the  appeal,  Saturdays,  Sundays  and  holidays 
excepted;  and  the  commissioner  of  labor  shall  give  written 
notice  thereof  to  any  public  awarding  agencies  concerned,  and 
to  all  interested  associations  and  organizations  of  employers 
and  employees  in  the  construction  industry  deemed  by  him  to 
be  affected  by  the  appeal.  Within  forty-eight  hours  after  ad- 
journment of  the  hearing,  the  board  shall  submit  its  decision 
in  writing  to  the  commissioner  of  labor  who  shall  forward 
copies  thereof  to  all  parties  deemed  by  him  to  be  interested  in 
the  appeal  and  affected  thereby. 

2.  Department  of  Labor.  Amend  sections  7  and  8  of  chap- 
ter 210,  Revised  Laws  (sections  7  and  8,  chapter  273,  RSA) 
by  striking  out  said  sections  and  inserting  in  place  thereof  the 
following :  7.  Deputy  Commissioner.  The  commissioner  shall 
appoint  a  deputy  labor  commissioner.  Said  deputy  shall  exercise 
the  powers  and  perform  the  duties  of  the  commissioner  when- 
ever the  labor  commissioner  is  incapacitated,  absent  or  unable 
to  act  from  any  cause.  Whenever  there  is  a  vacancy  in  the 
office  of  labor  commissioner  the  deputy  shall  have  the  powers 
and  duties  of  the  commissioner  until  another  commissioner  is 
appointed  and  qualified.  8.  Salary.  The  salary  of  the  deputy 
labor  commissioner  shall  be  that  as  fixed  by  chapter  265,  Laws 
of  1953  (RSA  94). 

3.  Present  Administrative  Assistant.  The  administrative 
assistant  of  the  department  of  labor  in  office  at  the  time  of 
the  passage  of  this  act  is  hereby  designated  as  deputy  labor 
commissioner. 

4.  Salary.  Amend  paragraph  II  of  section  1  of  chapter 
265,  Laws  of  1953  (section  1,  chapter  94,  RSA)  by  inserting 
after  the  provision  for  the  salary  of  the  deputy  warden  for 
the  state  prison  the  following:  Deputy  labor  commissioner, 
minimum  5,000,  maximum  5,750. 

5.  Appropriation.  There  is  hereby  appropriated  the  sum 
of  one  thousand  dollars  for  the  fiscal  year  ending  June  30,  1956, 
and  the  sum  of  one  thousand  one  hundred  and  fifty  dollars  for 
the  fiscal  year  ending  June  30,  1957,  to  be  expended  by  the 
labor  department  for  the  increase  in  salary  for  the  deputy 
labor  commissioner. 


526  Chapter  324  [1955 

6.  Deputy  State  Treasurer.  Amend  paragraph  II  of  sec- 
tion 1  of  chapter  265,  Laws  of  1953  (section  1,  chapter  94, 
RSA)  by  striking  out  the  Hne  "Deputy  state  treasurer  5,500 
6,325"  and  inserting  in  place  thereof  the  line,  Deputy  state 
treasurer  minimum,  6,000  maximum,  6,900. 

7.  Appropriation.  There  is  hereby  appropriated  the  sum 
of  five  hundred  and  thirty  dollars  for  the  fiscal  year  ending 
June  30,  1956,  and  the  sum  of  seven  hundred  and  ten  dollars 
for  the  fiscal  year  ending  June  30,  1957,  to  be  expended  by  the 
treasury  department  for  the  additional  salary  provided  in  sec- 
tion 6  for  the  deputy  state  treasurer. 

8.  Board  of  Arbitration.  Amend  section  24  of  chapter  210 
of  the  Revised  Laws  (section  25,  chapter  273,  RSA)  by  striking 
out  the  word  "eight"  in  the  first  line  and  inserting  in  place 
thereof  the  word,  sixteen,  so  that  said  section  as  amended  shall 
read  as  follows:  24.  Compensation.  Such  arbitrators  shall 
receive  sixteen  dollars  a  day  for  each  day  actually  engaged  in 
such  arbitration  and  their  necessary  traveling  expenses,  to  be 
paid  upon  vouchers  signed  by  the  commissioner,  with  the  ap- 
proval of  the  governor,  out  of  the  funds  appropriated  for  the 
maintenance  of  the  department  of  labor. 

9.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  324. 

AN  ACT  RELATIVE  TO  NON-RESIDENT  FISHING  AND  HUNTING 

LICENSES,  AND  RELATIVE  TO  DAMAGE  BY  BEAR  AND 

THE  TAKING  OF  LOBSTERS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Non-resident  Fishing  Licenses.  Amend  paragraph  IV 
of  section  6  of  chapter  247  of  the  Revised  Laws  as  amended 
by  section  3,  chapter  217,  Laws  of  1947,  and  section  1,  chap- 
ter 245,  Laws  of  1949,  and  section  5,  chapter  181,  Laws  of 
1951  (paragraph  VIII,  section  9,  chapter  214,  RSA)  by  striking 


1955]  Chapter  324  527 

out  said  paragraph  and  inserting  in  place  thereof  the  follow- 
ing :  IV.  If  the  applicant  is  a  non-resident  and  wishes  to  take 
fresh  water  fish  or  salt  water  smelt  only,  seven  dollars,  and  the 
agent  shall  thereupon  issue  a  non-resident  fishing  license  which 
shall  entitle  the  licensee  to  kill,  take  and  transport  fresh  water 
fish  and  salt  water  smelt  under  the  restrictions  of  this  title, 
provided  that  if  said  applicant  wishes  to  take  said  fish  or  smelt 
for  fifteen  consecutive  days,  four  dollars,  and  the  agent  shall 
thereupon  issue  a  fifteen-day  non-resident  fishing  license  for 
said  time  only  under  the  restrictions  of  this  title,  and  further 
provided  that  if  said  applicant  wishes  to  take  said  fish  or  smelt 
for  three  consecutive  days,  two  dollars  and  fifty  cents,  and  the 
agent  shall  thereupon  issue  a  three-day  non-resident  fishing 
license  for  said  time  only  under  the  restrictions  of  this  title. 

2.  Non-residents.  Amend  paragi'aph  III  of  section  6,  chap- 
ter 247  of  the  Revised  Laws  as  amended  by  section  2,  chapter 
217,  Laws  of  1947,  and  section  3,  chapter  181,  Laws  of  1951 
(paragraph  VI,  section  9,  chapter  214,  RSA)  by  striking  out 
the  word  "twenty"  in  the  second  line  and  inserting  in  place 
thereof  the  word,  twenty-five,  so  that  said  paragraph  as 
amended  shall  read  as  follows:  III.  If  the  applicant  is  a 
non-resident  and  wishes  to  hunt,  twenty-five  dollars,  and  said 
agent  shall  thereupon  issue  a  non-resident  hunting  license 
which  shall  entitle  the  licensee  to  hunt,  shoot,  kill  or  take, 
except  by  the  use  of  traps,  and  to  transport  game  birds  and 
game  animals,  under  the  restrictions  of  this  title. 

3.  Non-resident  Minors.  Amend  paragraph  Ill-a  of  section 
6,  chapter  247,  Revised  Laws  as  inserted  by  section  3,  chapter 
163,  Laws  of  1947,  and  as  amended  by  section  4,  chapter  181, 
Laws  of  1951  (paragraph  VII,  section  9,  chapter  214,  RSA) 
by  striking  out  the  word  "twenty"  and  inserting  in  place 
thereof  the  word,  twenty-five,  so  that  said  paragraph  as 
amended  shall  read  as  follows:  Ill-a.  If  the  applicant  is  a 
non-resident  under  sixteen  years  of  age  and  wishes  to  hunt, 
twenty-five  dollars,  and  said  agent  shall  thereupon  issue  a 
non-resident  minor's  hunting  license  which  shall  entitle  the 
licensee  to  hunt,  shoot,  or  take  game  animals  when  accom- 
panied by  another  licensee  twenty-one  years  of  age  or  over, 
and  to  transport  game  animals  under  the  restrictions  of  this 
title. 


528  Chapter  325  [1955 

4.  Damage  by  Bear.  Amend  section  1  of  chapter  180  of 
the  Revised  Laws  (section  1,  chapter  470,  RSA)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
1.  Damage.  A  person  who  suffers  loss  or  damage  to  live- 
stock, bees,  orchards  or  growing  crops,  by  bear,  shall,  if  he 
claims  damages  therefor,  notify  the  director  of  fish  and  game 
in  writing  of  such  damage.  The  director  or  his  agent  shall 
investigate  such  claim  within  thirty  days  from  the  receipt  by 
him  of  notice  of  such  damage,  determine  whether  such  damage 
was  caused  by  bear  and  appraise  the  amount  to  be  paid.  The 
appraisal  shall  be  made  within  sixty  days  from  the  receipt  of 
the  notice  of  damage;  and  the  director  shall  present  his  certi- 
ficate of  the  amount  of  appraisal  to  the  governor,  who  is 
authorized  to  draw  his  warrant  upon  any  money  in  the  treasury 
not  otherwise  appropriated  in  payment  therefor. 

5.  Lobsters.  Amend  chapter  245  of  the  Revised  Laws 
(chapter  211,  RSA)  by  inserting  after  section  44  the  following 
new  section :  44-a.  Prohibition.  No  person  shall  at  any  time 
take  from  any  waters  under  the  jurisdiction  of  this  state  any 
lobsters  by  diving,  spearing  or  dipping. 

6.  Application.  Nothing  herein  shall  be  construed  as  affect- 
ing the  provisions  of  chapter  105,  Laws  of  1955. 

7.  Effective  Dates.  That  part  of  paragraph  IV  of  section  6 
of  chapter  247,  Revised  Laws,  as  amended  by  section  1  of  this 
act,  providing  for  an  increase  in  the  fee  for  the  fifteen-day 
non-resident  fishing  license,  and  the  provisions  of  sections  4,  5, 
and  6  shall  take  effect  upon  the  passage  of  this  act ;  the  remain- 
ing provisions  of  this  act  shall  take  effect  as  of  January  1, 1956- 
[Approved  August  5,  1955.] 


CHAPTER  325. 

AN  ACT  PROVIDING  FOR  THE  ACQUISITION  OF  CERTAIN  DAMS  AND 
WATER  RIGHTS  BY  THE  WATER  RESOURCES  BOARD. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Acquisition  Authorized.     The  water  resources  board  is 
hereby  authorized  to  accept  from  the  owners  thereof  the  follow- 


1955]  Chapter  326  529 

ing  described  property  for  the  purpose  of  improving  and 
controlling  certain  water  rights  for  the  benefit  of  the  state: 
(1)  dams  and  water  rights  controlling  Pawtuckaway  pond 
and  Mendum  pond  in  the  towns  of  Nottingham  and  Barrington 
together  with  approximately  seven  hundred  acres  of  land 
bordering  said  waters  in  said  towns.  Said  board  after  said 
acquisition  shall  make  repairs  and  modifications  to  said  dams 
and  shall  place  them  in  condition  to  best  serve  the  interests  of 
the  state.  The  water  resources  board  is  further  authorized  (2) 
to  acquire  from  the  owners  thereof  on  such  terms  and  condi- 
tions as  it  may  deem  suitable  the  dams  and  water  rights  on 
and  in  the  Suncook  river  extending  from  the  town  of  Barnstead 
through  Gilmanton  to  the  town  of  Alton,  for  the  purpose  of 
making  repairs  and  modifications  to  said  dams  and  placing 
them  in  condition  to  best  serve  the  interests  of  the  state.  The 
costs  of  the  projects  hereunder  shall  be  a  charge  upon  the 
appropriations  made  for  said  purposes  in  the  act  making  appro- 
priations for  capital  improvements  passed  at  the  1955  session. 
Said  appropriations  for  said  purposes  shall  be  continuing  appro- 
priations and  shall  not  lapse. 

2.  Tax  Exemption.  The  properties  hereby  authorized  to 
be  acquired  by  the  water  resources  board  for  the  benefit  of  the 
state  shall  be  exempt  from  taxation  so  long  as  the  said  proper- 
ties are  held  by  the  state. 

3.  Takes  Effiect.  This  act  shall  take  effect  as  of  July  1, 
1955. 

[Approved  August  5,  1955.] 


CHAPTER  326. 


AN  ACT  PROVIDING  FOR  A  STUDY  AND  ESTABLISHMENT  OF 

RECREATIONAL  AREAS  IN  THE  LAKE  WiNNIPESAUKEE 

REGION. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Commission  Established.  There  shall  be  a  commission 
of  six  members  appointed  as  follows  whose  duty  it  shall  be  to 
make  a  study  of  the  Lake  Winnipesaukee  area  with  a  view  to 


530  Chapter  326  [1955 

the  establishment  of  state  parks  on  Lake  Winnipesaukee  for 
additional  recreational  facilities  for  the  public.  Three  members 
of  said  commission  shall  be  designated  by  the  speaker  of  the 
house  of  representatives,  two  members  shall  be  designated  by 
the  president  of  the  senate  and  one  member  shall  be  designated 
by  the  governor.  Said  commission  shall  make  a  report  to  the 
governor  with  its  recommendations  for  sites  for  said  parks  and 
the  cost  thereof. 

2.  Compensation.  The  members  of  said  commission  shall 
serve  without  pay  but  shall  be  reimbursed  for  mileage  and 
actual  expenses  incurred  when  on  business  of  the  commission. 

3.  Appropriation.  The  sum  of  two  thousand  five  hundred 
dollars  is  hereby  appropriated  for  the  expenses  of  the  com- 
mission and  the  governor  is  authorized  to  draw  his  warrant 
for  said  sum  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

4.  Further  Appropriation.  The  sum  of  two  hundred  and 
fifty  thousand  dollars  is  hereby  appropriated  for  the  purchase 
of  sites  for  said  recreational  facilities  at  Lake  Winnipesaukee 
and  the  governor,  upon  the  recommendation  of  the  commission, 
with  the  consent  of  the  council,  is  hereby  authorized  to  acquire 
the  same.  Not  more  than  one  hundred  thousand  dollars  shall 
be  paid  for  any  one  site  and  no  site  shall  be  nearer  than  eight 
shore  miles  from  another.  The  power  of  eminent  domain  shall 
not  be  used  in  acquiring  these  sites. 

5.  Bond  Issue.  To  provide  funds  for  the  appropriation 
provided  by  section  4  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  to  exceed  two  hundred  fifty 
thousand  dollars  and  for  that  purpose  may  issue  bonds  or 
notes  in  the  name  and  on  behalf  of  the  state.  The  governor 
and  council  shall  determine  the  form  of  such  bonds  or  notes, 
the  rate  of  interest,  the  dates  when  interest  shall  be  paid,  the 
dates  of  maturity,  the  places  where  principal  and  interest  shall 
be  paid,  and  the  time  or  times  of  issue.  Such  bonds  shall  be 
signed  by  the  treasurer  and  countersigned  by  the  governor. 
The  treasurer  may  negotiate  and  sell  such  bonds  or  notes 
under  the  direction  of  the  governor  and  council  in  such  manner 
as  they  may  deem  to  be  most  advantageous  to  the  state.  Out 


19,55]  Chapter  327  531 

of  the  proceeds  of  the  sale  of  said  bonds  or  notes  the  governor 
is  authorized  to  draw  his  warrant  for  the  sum  appropriated  by 
section  4  for  the  purposes  of  section  4  only. 

6.     Takes    Effect.    This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  327. 

AN  ACT  RELATIVE  TO  TAXATION  IN  PITTSBURG  AND  CLARKSVILLE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Water  Resources.  Amend  section  13,  chapter  266,  Re- 
vised Laws  (section  14,  chapter  481,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following :  13.  Tax 
Exemption.  All  property  and  rights  acquired  by  the  corpora- 
tion shall  be  exempt  from  all  taxation ;  but  the  corporation  shall 
make  payments,  on  or  before  the  first  day  of  December  in  each 
year,  to  each  town  in  which  property  or  rights  acquired  by  the 
corporation  are  located.  Such  sums  shall  be  based  on  the  tax 
rate  then  current  in  each  town  or  city  and  on  the  average 
•  assessed  valuation  for  a  period  of  five  years  prior  to  the  acquisi- 
tion by  the  corporation,  provided,  that  when  a  town  or  city 
wherein  corporation  land  is  located  shall  have  made  a  general 
re-valuation  of  property  for  tax  assessment  purposes  then  the 
new  values  shall  be  used  for  the  determination  of  the  sums  as 
would  have  been  assessed  against  said  property  and  rights  in 
such  town  or  city  if  the  same  had  been  included  in  the  tax 
invoice  for  such  year.  Betterments,  changes  in  land  use  or  new 
structures  are  exempted  and  shall  not  be  used  for  the  deter- 
mination of  such  sums  to  be  paid  in  lieu  of  taxes.  Provided, 
however,  that  the  provisions  of  this  section  shall  not  apply  to 
the  dam  and  any  appurtenances  thereto  owned  by  said  corpora- 
tion and  located  in  the  towns  of  Pittsburg  and  Clarksville,  and 
there  shall  be  paid  annually  to  said  towns  the  sum  of  $12,500 
in  lieu  of  taxes,  said  sum  to  be  apportioned  between  said  towns 
in  the  same  ratio  that  the  value  of  that  portion  of  said  dam 
and  any  appurtenances  thereto  located  in  each  town  bears  to 


532  Chapter  328  [1955 

the  total  value  of  said  dam  and  any  appurtenances  thereto  as 
determined  by  the  tax  assessors  of  said  towns. 

2.  Appropriation.  For  the  purposes  of  this  act  there  is 
hereby  appropriated  for  the  fiscal  year  ending  June  30,  1956, 
the  sum  of  $12,500,  and  a  like  sum  for  the  fiscal  year  ending 
June  30,  1957.  The  governor  is  hereby  authorized  to  draw  his 
warrants  for  the  sums  hereby  appropriated  out  of  any  money 
in  the  treasury  not  otherwise  appropriated. 

3.  Takes  Effect.  This  act  shall  take  effect  as  of  April  1, 
1955. 

[Approved  August  5,  1955.] 


CHAPTER  328. 

AN  ACT  RELATIVE  TO  MENTAL  HYGIENE  CLINICS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Mental  Hygiene  Clinic  for  Children.  Any  balance  of  the 
appropriation  provided  by  section  9  of  chapter  279  of  the  Laws 
of  1947,  as  extended  by  section  8,  chapter  8,  Laws  of  1950, 
section  1,  chapter  164,  Laws  of  1951,  and  chapter  240,  Law» 
of  1953  and  the  authority  to  issue  bonds  or  notes  thereunder 
shall  not  lapse  but  shall  be  continued  and  made  available  for 
the  purposes  specified  hereinafter.  The  sum  of  not  exceeding 
one  hundred  and  forty  thousand  dollars  shall  be  expended 
under  the  direction  of  the  governor  and  council  for  the  con- 
struction of  a  building  at  the  location  specified  in  chapter  240, 
Laws  of  1953,  together  with  furniture,  furnishings  and  equip- 
ment for  said  building,  for  an  out-patient  mental  hygiene  clinic 
for  children,  provided  that  any  federal  funds  received  for  the 
purposes  of  construction  of  mental  hygiene  clinics  shall  be 
applied  to  reduce  the  amount  of  state  appropriations  here- 
under. 

2.  Disposition  of  Winant  Property.  When  the  building 
specified  in  section  1  is  ready  for  occupancy  the  so-called 
Winant  property  shall  be  disposed  of  by  the  governor  and 
council.  The  proceeds  from  the  sale  of  said  property  shall  be 


1955]  Chapter  329  533 

paid  to  the  state  treasurer  who  shall  apply  the  same  to  a 
reduction  of  the  bonded  debt  of  the  state. 

3.  In-Patient  Clinic.  The  commission  on  mental  health  is 
hereby  directed  to  have  prepared  plans  for  an  in-patient  mental 
hygiene  clinic  for  children  at  the  same  location  as  the  out- 
patient mental  hygiene  clinic.  The  plans  for  said  in-patient 
clinic,  together  with  the  cost  of  the  same  shall  be  submitted 
to  the  governor  and  council  for  submission  to  the  legislature 
of  1957.  The  cost  of  the  plans  for  the  in-patient  clinic  shall  be 
a  charge  against  the  appropriation  referred  to  in  section  1. 

4.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  329. 


AN  ACT  TO  AMEND  THE  MUNICIPAL  FINANCE  ACT  RELATIVE  TO 
BORROWING  FOR  SCHOOL  PURPOSES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Municipal  Finances.  Amend  section  4  of  chapter  72  of 
the  Revised  Laws  as  inserted  by  chapter  258  of  the  Laws  of 
1953  (section  4,  chapter  33,  RSA)  by  striking  out  the  whole 
thereof  and  inserting  in  place  thereof  the  following: 

4.  Debt  Limit,  Counties.  Counties  shall  not  incur  net 
indebtedness  to  an  amount,  at  any  one  time  outstanding,  ex- 
ceeding two  (2)  per  cent  of  the  last  assessed  valuation  thereof. 

4-a.  Debt  Limit,  Municipalities,  (a)  Cities  shall  not 
incur  net  indebtedness,  except  for  school  purposes,  to  an 
amount,  at  any  one  time  outstanding,  exceeding  one  and 
seventy-five  hundredths  (1.75)  per  cent  of  their  valuation 
determined  as  hereinafter  provided.  Cities  shall  not  incur  net 
indebtedness  for  school  purposes  to  an  amount,  at  any  one 
time  outstanding,  exceeding  three  (3)  per  cent  of  said  valua- 
tion, except  with  approval  of  the  board  of  investigation  herein- 
after provided  for,  such  debt  limitation  may  be  increased  to 
an  amount  not  exceeding  four  and  fifty  hundredths  (4.50)  per 


534  Chapter  329  [1955 

cent.  Any  debt  incurred  for  school  purposes  by  a  city  under 
this  or  any  special  statute  heretofore  or  hereafter  enacted  shall 
be  excluded  in  determining  the  borrowing  capacity  of  a  city 
for  other  than  school  purposes  under  the  aforesaid  one  and 
seventy-five  hundredths  (1.75)  per  cent  limitation,  (b)  Towns 
shall  not  incur  net  indebtedness  to  an  amount,  at  any  one  time 
outstanding,  exceeding  one  and  seventy-five  hundredths  (1.75) 
per  cent  of  their  valuation  determined  as  hereinafter  provided, 
(c)  School  districts  shall  not  incur  net  indebtedness  to  an 
amount,  at  any  one  time  outstanding,  exceeding  three  (3)  per 
cent  of  their  valuation  determined  as  hereinafter  provided 
except  that  in  cases  where  it  shall  appear  to  the  board  of  in- 
vestigation hereinafter  provided  for,  that  such  action  is  neces- 
sary or  desirable  indebtedness  may  be  incurred  to  an  amount 
not  to  exceed  four  and  fifty  hundredths  (4.50)  per  cent  of  their 
valuation  determined  as  hereinafter  provided,  (d)  Village 
districts  shall  not  incur  net  indebtedness  to  an  amount,  at  any 
one  time  outstanding,  exceeding  one  (1)  per  cent  of  their 
valuation,  computed  as  hereinafter  provided. 

4-b.  Debt  Limit;  Computation,  (a)  The  debt  limita- 
tion hereinbefore  prescribed,  except  for  counties,  shall  be  based 
upon  the  applicable  last  locally  assessed  valuation  of  the  munici- 
pality as  last  equalized  by  the  tax  commission,  (b)  When- 
ever several  municipalities  possessing  the  power  to  incur  debt 
cover  or  extend  over  identical  territory,  each  such  municipal 
corporation  shall  so  exercise  the  power  to  increase  its  debts 
under  the  foregoing  limitations  that  the  aggregate  net  indebt- 
edness of  such  municipal  corporations  shall  not  exceed  seven 
and  twenty-five  hundredths  (7.25)  per  cent  of  the  valuation  of 
the  taxable  property  as  hereinbefore  determined,  (c)  A  writ- 
ten certificate  of  the  tax  commission,  signed  by  any  member 
thereof,  shall  be  conclusive  evidence  of  the  base  valuation  of 
municipalities  for  computing  debt  limits  hereunder. 

2.  School  District  Borrowing.  Further  amend  said  chapter 
72  by  inserting  after  section  4-b  thereof  the  following  new 
sections:  4-c.  Board  of  Investigation.  There  shall  be  a 
board  of  investigation  composed  of  a  member  of  the  tax  com- 
mission, chosen  by  said  commission,  who  shall  act  as  chairman 
of  the  board ;  the  commissioner  of  education ;  a  member  of  the 
senate  appointed  by  the  president;  a  member  of  the  house  of 


1955]  Chapter  329  535 

representatives  appointed  by  the  speaker;  and  one  person  to 
be  appointed  by  the  governor.  In  the  absence,  disabihty,  refusal 
or  personal  interest  of  any  member  of  the  board,  the  appointing 
authority  of  such  member  or  members  shall  designate  some 
other  person  to  serve  on  said  board  for  the  particular  matter 
involved.  The  board  shall  designate  one  of  their  number  to 
serve  as  clerk.  4-d.  Term  of  Office;  Compensation.  The  mem- 
bers appointed  by  the  president  of  the  senate,  the  speaker  of 
the  house  and  the  governor  shall  be  appointed  on  or  before 
January  10  of  each  odd  numbered  year,  and  each  such  member 
shall  hold  office  for  a  term  of  two  years  and  until  his  successor 
is  appointed  and  qualified,  provided  that  the  first  members  of 
said  board  appointed  hereunder  shall  be  the  same  persons  who 
were  appointed  in  like  manner  during  the  legislative  session 
of  1955  who  shall  each  hold  office  until  January,  1957,  upon 
the  appointment  and  quahfication  of  their  successors.  Said 
appointive  members  shall  be  paid  at  the  rate  of  ten  dollars  per 
day  plus  their  reasonable  expenses  and  said  compensation 
together  with  other  expenses  incurred  by  said  board  shall  be 
paid  by  the  school  district  or  city  whose  proposals  are  to  be 
investigated  as  hereinafter  provided.  Said  board  shall  make  a 
complete  record  of  its  hearings.  4-e.  Exceeding  Debt  Limit. 
A  school  district  or  city  may  vote  to  issue  bonds  or  notes  for 
school  purposes  in  excess  of  three  per  cent  but  not  in  excess 
of  four  and  fifty  hundredths  (4.50)  per  cent  of  its  last  assessed 
valuation  determined  under  the  provisions  of  sections  4-a  and 
4-b,  and  a  certified  copy  of  the  record  of  such  action  shall  forth- 
with be  filed  with  the  commissioner  of  education.  4-f.  Meet- 
ings of  Board.  Upon  receipt  of  the  record  provided  for  in 
section  4-e  the  commissioner  of  education  shall  notify  the 
chairman  of  the  board  of  investigation  of  such  receipt  and 
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  ten  days  prior  to  the  date  set  for  the  hearing 
and  causing  said  notice  to  be  published  once  in  a  newspaper 
of  general  circulation  in  said  school  district  or  city.  Said  hear- 
ing may  be  adjourned,  postponed  or  cancelled  at  the  discre- 
tion of  said  board.  The  findings  of  said  board  shall  be  by 


536  Chapter  329  [1955 

majority  vote  of  all  the  members.     4-g.     Findings  of  Board. 

Said  board  shall  consider  the  educational  needs  and  financial 
condition  of  the  district  or  city.  If  it  finds  the  proposal  in  the 
best  interest  of  and  within  the  financial  capacity  of  said  district 
or  city,  said  board  shall  certify  its  findings  to  the  secretary  of 
state  who  shall  notify  the  chairman  of  the  school  board  and 
clerk  of  the  school  district  or  mayor  and  the  chairman  of  the 
board  of  education  of  a  city,  whereupon  said  bond  issue  shall 
be  regarded  as  authorized  to  the  same  extent  as  though  it  did 
not  exceed  the  three  (3)  per  cent  limitation.  If  the  board  finds 
the  proposal  is  inexpedient  it  shall  submit  its  disapproval  forth- 
with in  writing  to  the  chairman  of  the  school  board  and  clerk 
of  the  district  or  the  mayor  and  chairman  of  the  board  of 
education  and  thereupon  the  action  of  said  school  district  or 
city  shall  be  null  and  void. 

3.  Definition.  Amend  the  definition  of  net  indebtedness  in 
section  1  of  chapter  72  of  the  Revised  Laws  (section  1,  chap- 
ter 33,  RSA)  by  inserting  after  the  word  "outstanding"  in  the 
first  line  the  words,  and  authorized,  so  that  said  definition  as 
amended  shall  read  as  follows:  Net  Indebtedness.  All  out- 
standing and  authorized  indebtedness,  heretofore  or  hereafter 
incurred  by  a  municipality,  exclusive  of  unmatured  tax  antici- 
pation notes  issued  according  to  law,  debts  incurred  for  supply- 
ing the  inhabitants  with  water  or  for  the  construction  or 
maintenance  of  water  works,  debts  incurred  to  finance  new 
sewerage  systems  or  sewage  disposal  works  when  the  cost 
thereof  is  to  be  financed  by  sewer  rent  or  sewer  assessments, 
debts  incurred  pursuant  to  section  10  of  chapter  51  of  the 
Revised  Laws,  debts  incurred  outside  the  statutory  debt  limit 
of  the  municipality  under  any  general  law  or  special  act  here- 
tofore or  hereafter  enacted  (unless  otherwise  provided  in  such 
legislation),  and  sinking  funds  and  cash  applicable  solely  to 
the  payment  of  the  principal  of  debts  incurred  within  the  debt 
limit. 

4.  Application  of  Statutes.  Nothing  contained  in  this 
chapter  shall  affect  any  action  taken  by  a  county,  city,  town, 
school  district,  or  village  district  before  the  enactment  hereof 
and  all  issues  of  bonds  or  notes  authorized  before  the  enact- 
ment hereof  shall  be  issued  in  accordance  with  the  law  as  it 
existed  at  the  time  of  the  action  taken  by  such  county,  city, 


1955]  Chapter  330  537 

town,  school  district  or  village  district.  Nothing  contained  in 
this  chapter  shall  affect  the  debt  limitations  of  the  city  of 
Manchester  as  provided  by  an  act  passed  June  1,  1955. 

5.  Application  and  Interpretation.  Chapter  11,  Laws  of 
1955,  shall  not  apply  to  indebtedness  voted  and  authorized  by 
any  school  district  or  city  subsequent  to  the  effective  date  of 
this  act,  but  otherwise  said  chapter  11  shall  remain  effective 
in  accordance  with  its  provisions. 

6.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  330. 

AN  ACT  RELATIVE  TO  MILEAGE  ALLOWANCES  FOR  LEGISLATIVE 

OFFICERS  AND  EMPLOYEES  AND  ESTABLISHING  A  NEW 

APPORTIONMENT  FOR  THE  ASSESSMENT  OF 

PUBLIC  TAXES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Change  in  Computation.  Amend  section  17,  chapter  9, 
Revised  Laws,  as  amended  by  chapter  214,  Laws  of  1943,  sec- 
tion 3,  chapter  117,  Laws  of  1949,  section  5,  chapter  251,  Laws 
of  1951  (section  18,  chapter  14,  RSA)  and  chapter  132  of  the 
Laws  of  1955,  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  17.  Employees.  Any  officer  or 
employee  of  the  senate  or  house  of  representatives  shall  be 
allowed  mileage  at  the  rate  of  seven  cents  per  mile  to  and  from 
his  home  for  each  day  of  attendance  up  to  a  maximum  of  fifty 
miles  for  one  way  of  travel.  Any  fractional  part  of  a  mile  shall 
be  deemed  to  be  one  mile  for  the  purposes  hereof.  The  com- 
mittee on  mileage  shall  be  the  arbiters  of  all  disputes  and 
claims  involving  payment  of  mileage  to  such  officers  and  em- 
ployees. 

2.  Apportionment.  That  of  every  thousand  dollars  of 
public  taxes  hereafter  to  be  raised,  the  proportion  which  each 
town  and  place  shall  pay,  and  for  which  the  treasurer  of  the 


538                                  Chapter  330  [1955 

state  is  hereby  authorized  to  issue  his  warrant,  shall  be  as 
follows,  to  wit: 

Rockingham  county,  $151.94 

Atkinson,  one  dollar  and  three  cents $  1.03 

Auburn,  one  dollar  and  forty-eight  cents 1.48 

Brentwood,  one  dollar  and  two  cents 1.02 

Candia,  one  dollar  and  thirty-eight  cents 1.38 

Chester,  one  dollar  and  thirty-three  cents 1.33 

Danville,  eighty  cents .80 

Deerfield,  one  dollar  and  thirty-eight  cents 1.38 

Derry,  eight  dollars  and  ninety-five  cents 8.95 

East  Kingston,  seventy  cents .70 

Epping,  one  dollar  and  ninety-two  cents 1.92 

Exeter,  twelve  dollars  and  forty  cents 12.40 

Fremont,  eighty-eight  cents .88 

Greenland,  one  dollar  and  forty-eight  cents 1.48 

Hampstead,  one  dollar  and  ninety-one  cents 1.91 

Hampton,  fourteen  dollars  and  seventy-one  cents  ....  14.71 

Hampton  Falls,  one  dollar  and  fifty-eight  cents 1.58 

Kensington,  seventy-nine  cents .79 

Kingston,  two  dollars  and  forty-two  cents 2.42 

Londonderry,  two  dollars  and  seventy-two  cents  ....  2.72 

New  Castle,  one  dollar  and  ninety-two  cents 1.92 

Newfields,  sixty-three  cents .63 

Newington,  two  dollars  and  thirty-three  cents 2.33 

Newmarket,  four  dollars  and  six  cents 4.06 

Newton,  one  dollar  and  thirty-nine  cents 1.39 

North  Hampton,  four  dollars  and  ten  cents 4.10 

North  wood,  two  dollars  and  six  cents 2.06 

Nottingham,  one  dollar  and  five  cents 1.05 

Plaistow,  three  dollars  and  forty  cents 3.40 

Portsmouth,  forty-five  dollars  and  thirty-six  cents  .  .  .  45.36 

Raymond,  one  dollar  and  ninety-four  cents 1.94 

Rye,  seven  dollars  and  twelve  cents 7.12 

Salem,  eight  dollars  and  seventy-eight  cents 8.78 

Sandown,  eighty-four  cents .84 

Seabrook,  three  dollars  and  forty-four  cents 3.44 

South  Hampton,  fifty-three  cents .53 

Stratham,  one  dollar  and  forty-four  cents 1.44 

Windham,  two  dollars  and  sixty-seven  cents 2.67 


1955]                               Chapter  330  539 

Strafford  county,  $83.79 

Barrington,  one  dollar  and  forty-four  cents $  1.44 

Dover,  twenty-eight  dollars  and  fifty-five  cents 28.55 

Durham,  four  dollars  and  fifty-eight  cents 4,58 

Farmington,  three  dollars  and  forty-seven  cents 3.47 

Lee,  seventy-nine  cents .79 

Madbury,  seventy-nine  cents .79 

Middleton,  nineteen  cents .19 

Milton,  two  dollars  and  thirty-six  cents 2.36 

New  Durham,  one  dollar  and  twenty- three  cents  ....  1.23 

Rochester,  twenty- three  dollars  and  forty-two  cents  .  23.42 

Rollinsford,  two  dollars  and  eighty-nine  cents 2.89 

Somersworth,  twelve  dollars  and  sixty-three  cents  .  . .  12.63 

Strafford,  one  dollar  and  forty-five  cents 1.45 

Belknap  county,  $60.72 

Alton,  four  dollars  and  six  cents $  4.06 

Barnstead,  one  dollar  and  thirty-five  cents 1.35 

Belmont,  two  dollars  and  two  cents 2.02 

Center  Harbor,  one  dollar  and  twenty-eight  cents  ...  1.28 

Gilford,  five  dollars  and  nineteen  cents 5.19 

Gilmanton,  one  dollar  and  sixty-four  cents 1.64 

Laconia,  thirty-one  dollars  and  thirty-eight  cents  . . .  31.38 

Meredith,  six  dollars  and  thirty-two  cents 6.32 

New  Hampton,  two  dollars  and  two  cents 2.02 

Sanbornton,  one  dollar  and  fifty-seven  cents 1.57 

Tilton,  three  dollars  and  eighty-nine  cents 3.89 

Carroll  county,  $39.99 

Albany,  forty-five  cents  $  0.45 

Bartlett,  one  dollar  and  seventy-six  cents 1.76 

Brookfield,  fifty-six  cents .56 

Chatham,  twenty-six  cents .26 

Conway,  eight  dollars  and  twenty-two  cents 8.22 

Eaton,  thirty  cents  .30 

Effingham,  seventy-three  cents .73 

Freedom,  one  dollar  and  eleven  cents 1.11 

Hart's  Location,  two  cents .02 

Jackson,  one  dollar  and  fourteen  cents 1.14 

Madison,  one  dollar  and  twenty-five  cents 1.25 

Moultonborough,  four  dollars  and  thirty-eight  cents  .  4.38 

Ossipee,  three  dollars  and  three  cents 3.03 


540                                  Chapter  330  [1955 

Sandwich,  two  dollars  and  two  cents 2.02 

Tamworth,  one  dollar  and  ninety-one  cents 1.91 

Tuf  tonboro,  three  dollars  and  twenty-three  cents  ....  3.23 

Wakefield,  two  dollars  and  fifty-six  cents 2.56 

Wolfeboro,  seven  dollars  and  six  cents 7.06 

Merrimack  county,  $101.17 

Allenstown,  two  dollars  and  thirteen  cents $  2.13 

Andover,  two  dollars  and  twenty-three  cents 2.23 

Boscawen,  two  dollars  and  one  cent 2.01 

Bow,  two  dollars  and  ninety-one  cents 2.91 

Bradford,  one  dollar  and  thirty  cents 1.30 

Canterbury,  seventy-seven  cents .77 

Chichester,  one  dollar  and  one  cent 1.01 

Concord,  forty-three  dollars  and  seventy-five  cents  . .  43.75 

Danbury,  forty-eight  cents .48 

Dunbarton,  ninety  cents .90 

Epsom,  one  dollar  and  twenty- two  cents 1.22 

Franklin,  ten  dollars  and  fifty-five  cents 10.55 

Henniker,  two  dollars  and  thirty-one  cents 2.31 

Hill,  seventy-seven  cents .77 

Hooksett,  three  dollars  and  ninety-five  cents 3.95 

Hopkinton,  three  dollars  and  ninety-seven  cents 3.97 

Loudon,  one  dollar  and  twenty- two  cents 1.22 

Newbury,  two  dollars  and  two  cents 2.02 

New  London,  four  dollars  and  sixteen  cents 4.16 

Northfield,  one  dollar  and  sixty-nine  cents 1.69 

Pembroke,  three  dollars  and  seventy-three  cents  ....  3.73 

Pittsfield,  three  dollars  and  two  cents 3.02 

Salisbury,  sixty-three  cents .63 

Sutton,  one  dollar  and  eighteen  cents 1.18 

Warner,  one  dollar  and  eighty-seven  cents 1.87 

Webster,  seventy-eight  cents .78 

Wilmot,  sixty-one  cents .61 

Hillsborough  county,  $270.32 

Amherst,  three  dollars  and  forty-five  cents $  3.45 

Antrim,  one  dollar  and  ninety-five  cents 1.95 

Bedford,  five  dollars  and  two  cents 5.02 

Bennington,  one  dollar  and  thirty-four  cents 1.34 

Brookline,  one  dollar  and  four  cents 1.04 

Deering,  seventy  cents .70 


1955]                               Chapter  330  541 

Francestown,  one  dollar  and  twenty-three  cents 1.23 

Goffstown,  seven  dollars  and  seventy-one  cents 7.71 

Greenfield,  one  dollar  and  seventeen  cents 1.17 

Greenville,  one  dollar  and  fifty-five  cents 1.55 

Hancock,  one  dollar  and  eighty-three  cents 1.83 

Hillsborough,  three  dollars  and  fifty-two  cents 3.52 

Hollis,  two  dollars  and  twenty-four  cents 2.24 

Hudson,  five  dollars  and  thirty-four  cents 5.34 

Litchfield,  seventy-one  cents .71 

Lyndeborough,  seventy-eight  cents .78 

Manchester,   one   hundred   thirty-eight   dollars   and 

ninety-five  cents 138.95 

Mason,  fifty-two  cents .52 

Merrimack,  three  dollars  and  twenty-one  cents 3.21 

Milford,  seven  dollars  and  forty-three  cents 7.43 

Mont  Vernon,  eighty-one  cents .81 

Nashua,  fifty-eight  dollars  and  fifty-one  cents 58.51 

New  Boston,  one  dollar  and  forty-seven  cents 1.47 

New  Ipswich,  one  dollar  and  ninety-six  cents 1.96 

Pelham,  two  dollars  and  twenty-five  cents 2.25 

Peterborough,  eight  dollars  and  fifty-one  cents 8.51 

Sharon,  thirty  cents  .30 

Temple,  seventy-five  cents .75 

Weare,  one  dollar  and  eighty-five  cents 1.85 

Wilton,  four  dollars  and  eleven  cents 4.11 

Windsor,  eleven  cents .11 

Cheshire  county,  $81.29 

Alstead,  one  dollar  and  twenty-nine  cents $  1.29 

Chesterfield,  two  dollars  and  ninety-four  cents 2.94 

Dublin,  two  dollars  and  twenty-six  cents 2.26 

Fitz William,  one  dollar  and  ninety-nine  cents 1.99 

Gilsum,  forty-one  cents .41 

Harrisville,  one  dollar  and  seventy-one  cents 1.71 

Hinsdale,  four  dollars  and  thirty-three  cents 4.33 

Jaffrey,  six  dollars  and  five  cents 6.05 

Keene,  thirty-five  dollars  and  fifty-three  cents 35.53 

Marlborough,  two  dollars  and  nine  cents 2.09 

Marlow,  forty-five  cents .45 

Nelson,  seventy-six  cents .76 

Richmond,  forty  cents .40 


542                                   Chapter  330  [1955 

Rindge,  two  dollars  and  forty-two  cents 2.42 

Roxbury,  nineteen  cents .19 

Stoddard,  sixty-four  cents .64 

Sullivan,  thirty-five  cents .35 

Surry,  fifty-one  cents .51 

Swanzey,  four  dollars  and  twenty  cents 4.20 

Troy,  two  dollars  and  thirty  cents 2.30 

Walpole,  five  dollars  and  ninety-five  cents 5.95 

Westmoreland,  ninety-five  cents .95 

Winchester,  three  dollars  and  fifty-seven  cents 3.57 

Sullivan  county,  $43.98 

Acworth,  fifty-nine  cents $  0.59 

Charlestown,  three  dollars  and  seven  cents 3.07 

Claremont,  twenty-three  dollars  and  forty-six  cents  .  23.46 

Cornish,  one  dollar  and  thirty-seven  cents 1.37 

Croydon,  forty-two  cents .42 

Goshen,  forty  cents .40 

Grantham,  twenty-nine  cents .29 

Langdon,  forty-two  cents .42 

Lempster,  thirty-four  cents .34 

Newport,  six  dollars  and  seventy-seven  cents 6.77 

Plainfield,  one  dollar  and  thirty-seven  cents 1.37 

Springfield,  sixty-five  cents  .65 

Sunapee,  three  dollars  and  eighty  cents 3.80 

Unity,  forty-nine  cents .49 

Washington,  fifty-four  cents .54 

Grafton  county,  $91.58 

Alexandria,  sixty-two  cents $  0.62 

Ashland,  two  dollars  and  seventy-one  cents 2.71 

Bath,  eighty-nine  cents .89 

Benton,  nine  cents .09 

Bethlehem,  three  dollars  and  fifty-two  cents 3.52 

Bridgewater,  one  dollar  and  twenty-one  cents 1.21 

Bristol,  three  dollars  and  thirty-eight  cents 3.38 

Campton,  two  dollars  and  thirty  cents 2.30 

Canaan,  one  dollar  and  sixty-five  cents 1.65 

Dorchester,  sixteen  cents .16 

Easton,  twenty-three  cents  .23 

Ellsworth,  six  cents .06 

Enfield,  two  dollars  and  fifty-seven  cents 2.57 


1955]                               Chapter  330  543 

Franconia,  one  dollar  and  forty-one  cents 1.41 

Grafton,  fifty-eight  cents .58 

Groton,  thirty-eight  cents .38 

Hanover,  eleven  dollars  and  seventy-eight  cents 11.78 

Haverhill,  four  dollars  and  twenty-six  cents 4.26 

Hebron,  sixty-seven  cents .67 

Holderness,  two  dollars  and  seventy-four  cents 2.74 

Landaff ,  twenty-eight  cents .28 

Lebanon,  fourteen  dollars  and  thirty-five  cents 14.35 

Lincoln,  two  dollars  and  sixty-one  cents 2.61 

Lisbon,  three  dollars  and  nine  cents 3.09 

Littleton,  eight  dollars  and  seventy-three  cents 8.73 

Lyman,  thirty-one  cents .31 

Lyme,  one  dollar  and  eighteen  cents 1.18 

Monroe,  seven  dollars  and  eighty-two  cents 7.82 

Orange,  seventeen  cents .17 

Orford,  one  dollar  and  eighteen  cents 1.18 

Piermont,  one  dollar  and  fourteen  cents 1.14 

Plymouth,  four  dollars  and  forty-eight  cents 4.48 

Rumney,  one  dollar  and  thirty-three  cents 1.33 

Thornton,  eighty-nine  cents .89 

Warren,  sixty-one  cents .61 

Waterville,  nine  cents .09 

Wentworth,  forty-two  cents .42 

Woodstock,  one  dollar  and  sixty-nine  cents 1.69 

COos  county,  $74.67 

Berlin,  thirty-seven  dollars  and  twenty-three  cents  . .  $  37.23 

Carroll,  one  dollar  and  fifty-one  cents 1.51 

Clarksville,  twenty-six  cents  .26 

Colebrook,  two  dollars  and  fifty-two  cents 2.52 

Columbia,  forty-five  cents .45 

Dalton,  sixty-one  cents .61 

Dummer,  fifty-three  cents .53 

Errol,  forty-seven  cents .47 

Gorham,  ten  dollars  and  five  cents 10.05 

Jefferson,  one  dollar  and  twelve  cents 1.12 

Lancaster,  four  dollars  and  eighty-eight  cents 4.88 

Milan,  one  dollar  and  four  cents 1.04 

Northumberland,  five  dollars  and  thirty  cents 5.30 

Pittsburg,  one  dollar  and  eighty-seven  cents 1.87 


544  Chapter  330  [1955 

Randolph,  ninety-nine  cents .99 

Shelburne,  ninety-three  cents  .93 

Stark,  forty  cents .40 

Stewartstown,  eighty-three  cents .83 

Stratford,  seventy-seven  cents .77 

Wentworth's  Location,  nineteen  cents .19 

Whitefield,  two  dollars  and  seventy-two  cents 2.72 

Unincorporated  Places,  $0.55 

Cambridge,  four  cents $  0.04 

Crawford's  Purchase,  one  cent .01 

Dixville,  sixteen  cents .16 

Dix's  Grant,  one  cent .01 

Erving's  Grant,  one  cent .01 

Gilmanton  &  Atkinson  Academy  Grant,  one  cent  ....  .01 

Green's  Grant,  three  cents .03 

Hale's  Location,  one  cent .01 

Millsfield,  four  cents  .04 

Odell,  five  cents .05 

Sargent's  Purchase,  seven  cents .07 

Second  College  Grant,  three  cents .03 

Success,  four  cents .04 

Thompson  and  Meserve  Purchase,  four  cents .04 

3.  Limitation.  The  same  shall  be  the  proportion  of  assess- 
ment of  public  taxes  until  a  new  apportionment  shall  be  made 
and  established,  and  the  treasurer  for  the  time  being  shall 
issue  his  warrant  accordingly. 

4.  Takes  Eflfect.  The  provisions  of  section  1  shall  take 
effect  as  of  January  5,  1955,  and  the  remaining  sections  shall 
take  effect  upon  the  passage  of  this  act. 

[Approved  August  5,  1955.] 


1955]  Chapter  331  545 

CHAPTER  331. 

AN  ACT  TO  EQUALIZE  EDUCATIONAL  OPPORTUNITIES  AND  TO 
IMPROVE  THE  PUBLIC  ELEMENTARY  AND  HIGH  SCHOOLS 

OF  New  Hampshire. 

Be  it  enacted  by  the  SeTiate  and  House  of  Representatives  in 
General  Court  convened: 

1.  State  Aid.  Amend  sections  8,  9,  9-a,  10,  11,  12  and  13 
of  chapter  140  of  the  Revised  Laws,  as  amended  by  chapter 
198  of  the  Laws  of  1947  and  chapter  148  of  the  Laws  of  1951, 
and  chapter  116,  Laws  of  1953,  (chapter  198,  RSA)  by  striking 
out  said  sections  and  inserting  in  place  thereof  the  following: 

8.  Declaration  of  Policy.  It  is  hereby  declared  to  be  the 
policy  of  the  state  of  New  Hampshire  to  share  in  the  costs  of 
public  elementary  and  high  school  education  of  the  local  school 
districts  of  the  state  to  the  end  that:  (1)  the  more  needy 
school  districts  may  be  assisted  in  providing  an  adequate 
education  program;  (2)  education  throughout  New  Hampshire 
may  be  improved;  and  (3)  assistance  and  incentives  may  be 
provided  for  the  formation  of  cooperative  school  districts. 

9.  State  Aid.  To  aid  needy  local  school  districts  in  meet- 
ing the  costs  of  providing  public  elementary  and  high  school 
education  the  state  board  of  education  shall,  from  funds  appro- 
priated by  the  general  court  to  carry  out  the  provisions  of  this 
act,  pay  annually  to  the  needy  school  districts  of  the  state  sums 
in  accordance  with  the  provisions  of  this  act. 

10.  Kind  of  State  Aid.  To  carry  out  the  provisions  of 
sections  8  and  9,  aid  termed  "Foundation  Aid"  is  hereby 
adopted  as  follows:  a.  Foundation  Aid.  To  more  nearly 
provide  equal  public  school  educational  opportunity  throughout 
the  state,  each  school  district  qualifying  therefor  shall  receive 
annually  an  amount  equal  to  the  remaining  costs  of  the  re- 
quired programs  of  public  elementary  and  high  school  education 
over  and  above  the  proceeds  of  a  tax  of  fourteen  dollars  per 
thousand  dollars  of  equalized  valuation  (hereinafter  called 
the  "Local  Effort")  of  each  district.  For  the  purpose  of  this 
act  the  cost  of  the  required  programs  shall  be  two  hundred 
dollars  annually  for  each  elementary  school  pupil  and  three 
hundred  dollars  annually  for  each  high  school  pupil  in  average 


546  Chapter  331  [1955 

daily  membership  in  approved  public  schools.  If  a  district 
receives  from  local  taxation  for  school  purposes  during  the 
fiscal  year  previous  to  the  year  of  computation  of  foundation 
aid  a  sum  less  than  the  amount  of  the  local  effort  required  of 
that  district,  its  foundation  aid  shall  be  reduced  by  an  amount 
equal  to  the  difference  between  the  local  effort  and  the  amount 
received  from  local  taxation  for  school  purposes. 

b.  Time  of  Computation.  Before  June  first  in  each  year 
the  state  board  of  education  shall  cause  to  be  computed  the 
amount  of  foundation  aid  to  be  paid  to  eligible  school  districts 
in  the  succeeding  fiscal  year.  The  computation  shall  be  based 
upon  the  most  recently  available  equalized  valuation  of  each 
school  district  and  the  average  daily  membership  in  approved 
public  schools  in  each  school  district  for  the  preceding  year. 
Whenever  it  shall  appear  or  be  made  to  appear  to  the  tax  com- 
mission that  circumstances  have  so  changed  in  any  school 
district  from  one  year  to  another  that  the  use  of  the  most 
recently  available  equalized  valuation  is  unfair,  unjust  or  in- 
equitable, the  tax  commission  shall  determine  what  changes 
or  modifications  shall  be  made  in  the  equalized  valuation  of 
sucli  district.  The  tax  commission  shall  certify  such  changed 
equalized  valuation  to  the  state  board  of  education  by  May 
first.  The  state  board  of  education  shall  use  such  changed 
equalized  valuations  in  computing  the  foundation  aid  to  which 
such  district  is  entitled. 

c.  To  Whom  Paid.  Foundation  aid  shall  be  paid  to  the 
school  district  legally  responsible  for  the  education  of  the 
pupils  who  attend  approved  public  schools  within  the  district 
or  in  other  districts,  as  the  case  may  be.  Payment  of  founda- 
tion aid  shall  be  made  on  or  before  January  fifteenth  in  the 
fiscal  year  for  which  such  aid  is  due. 

11.  Allocation  and  Proration  of  Funds.  If  in  any  year 
the  amount  appropriated  for  distribution  as  foundation  aid 
shall  be  insufficient  to  distribute  foundation  aid  in  accordance 
with  the  provisions  of  paragraph  a  of  section  10-,  the  state 
board  of  education,  except  as  hereinafter  provided,  shall  reduce 
by  proration  the  amount  of  foundation  aid  to  be  paid  to  each 
school  district  qualifying  therefor.  Provided  that  in  any  school 
district  where  the  latest  equalized  valuation  per  pupil  is  less 


1955]  Chapter  331  547 

than  $10,000  the  state  board  shall  not  reduce  by  proration  the 
amount  of  foundation  aid. 

12.  Unexpended  Appropriation.  Any  amounts  not  dis- 
tributed in  the  first  year  of  any  biennium  may  be  distributed 
in  the  second  year,  if  required  to  distribute  the  maximum 
amount  permissible  under  the  provisions  of  section  10. 

13.  Equalized  Valuation.  The  equalized  valuation  of  a 
school  district  is  the  equalized  valuation  of  the  city  or  town 
of  which  it  is  composed,  as  computed  by  the  state  tax  commis- 
sion; and  in  a  city  or  town  comprising  more  than  one  school 
district  the  equalized  valuation  of  any  school  district  shall  be 
such  fraction  of  the  equalized  valuation  of  the  whole  city  or 
town  as  the  assessed  valuation  of  the  school  district  is  to  the 
assessed  valuation  of  the  whole  city  or  town. 

13-a.  State  Board.  Authority  Given.  The  state  board  of 
education  may  withhold  from  any  districts  the  funds  to  which 
said  districts  are  entitled  under  this  chapter  when,  in  their 
opinion,  the  number  of  students  is  so  small  that  other  arrange- 
ments could  provide  better  and  more  economical  educational 
facilities. 

2.  Study  of  Financial  Ability.  The  state  board  of  educa- 
tion and  the  state  tax  commission  shall  study,  examine,  in- 
vestigate and  analyze  all  sources  of  revenue  of  the  several  units 
of  local  government  in  the  state  for  the  purpose  of  determining 
the  financial  ability  of  each  community  to  support  and  maintain 
its  schools  and  of  insuring  fairness  and  equality  in  granting 
and  distribution  of  any  aid  for  schools  from  the  state,  so  that 
all  such  communities  may  be  treated  as  fairly  and  equitably 
as  may  be,  and  make  a  report  of  their  findings  and  recom- 
mendations to  the  1957  session  of  the  general  court. 

3.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1955. 

[Approved  August  5,  1955.] 


548  Chapter  332  [1955 

CHAPTER  332. 

AN  ACT  RELATIVE  TO  OLD  AGE  AND   SURVIVORS   INSURANCE 
COVERAGE  AND  THE  ADMINISTRATION  THEREOF. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Definitions.  Amend  paragraph  V  of  section  2  of  chap- 
ter 234  of  the  Laws  of  1951  (paragraph  V,  section  2,  chapter 
101,  RSA)  by  striking  out  said  paragraph  and  inserting  in 
place  thereof  the  following:  V.  The  term  "secretary  of 
health,  education  and  welfare"  includes  any  individual  to  whom 
the  secretary  of  health,  education  and  welfare  has  delegated 
any  of  his  functions  under  the  Social  Security  Act  with  respect 
to  coverage  under  such  act  of  employees  of  states  and  their 
political  subdivisions,  and  with  respect  to  any  action  taken 
prior  to  April  11,  1953,  includes  the  federal  security  adminis- 
trator and  any  individual  to  whom  such  administrator  had 
delegated  any  such  function. 

2.  Federal  Code.  Amend  paragraph  VIII,  of  section  2  of 
chapter  234  of  the  Laws  of  1951  (paragraph  VIII,  section  2, 
chapter  101,  RSA)  by  striking  out  said  paragraph  and  insert- 
ing in  place  thereof  the  following:  VIII.  The  term  "Federal 
Insurance  Contributions  Act"  means  sub-chapter  A  of  chapter 
9  of  the  federal  Internal  Revenue  Code  of  1939  and  sub- 
chapters A  and  B  of  chapter  21  of  the  federal  Internal  Revenue 
Code  of  1954,  as  such  codes  have  been  and  may  from  time  to 
time  be  amended;  and  the  term  "employee  tax"  means  the  tax 
imposed  by  section  1400  of  such  code  of  1939  and  section  3101 
of  such  code  of  1954. 

3.  Federal-State  Agreement  and  Interstate  Instrumentali- 
ties. Amend  subparagraph  (2)  of  paragraph  I  of  section  3  of 
chapter  234  of  the  Laws  of  1951  (subparagraph  (2),  para- 
graph I,  section  3,  chapter  101,  RSA)  by  striking  out  the 
following:  "sections  1400  and  1410  of"  so  that  said  subpara- 
graph as  amended  shall  read  as  follows :  (2)  The  state  will 
pay  to  the  secretary  of  the  treasury,  at  such  time  or  times  as 
may  be  prescribed  under  the  Social  Security  Act,  contributions 
with  respect  to  wages  equal  to  the  sum  of  the  taxes  which 
would  be  imposed  by  the  Federal  Insurance  Contributions  Act 


1955]  Chapter  332  549 

if  the  services  covered  by  the  agreement  constituted  employ- 
ment within  the  meaning  of  that  act. 

4.  Contributions  by  State  Employees.  Amend  paragraph  I 
of  section  4  of  chapter  234  of  the  Laws  of  1951  (paragraph  I, 
section  4,  chapter  101,  RSA)  by  striking  out  the  words  "the 
amount  of  tax  which  would  be  imposed  by  section  1400  of" 
and  insert  in  place  thereof  the  words,  the  amount  of  the  em- 
ployee tax  which  would  be  imposed  by,  so  that  said  paragraph 
as  amended  shall  read  as  follows :  I.  Every  employee  of  the 
state  whose  services  are  covered  by  an  agreement  entered  into 
under  section  3  shall  be  required  to  pay  for  the  period  of  such 
coverage,  into  the  contribution  fund  established  by  section  6, 
contributions,  with  respect  to  wages,  equal  to  the  amount  of 
the  employee  tax  which  would  be  imposed  by  the  Federal  In- 
surance Contributions  Act  if  such  service  constituted  employ- 
ment within  the  meaning  of  that  act.  Such  liability  shall  arise 
in  consideration  of  the  employee's  retention  in  the  service  of 
the  state,  or  his  entry  upon  such  service,  after  the  enactment 
of  this  act. 

5.  Deduction  from  Wages.  Amend  subparagraph  (2)  of 
paragraph  III  of  section  5  of  chapter  234  of  the  Laws  of  1951 
(subparagraph  (2),  paragraph  III,  section  5,  chapter  101,  RSA) 
by  striking  out  the  words  "the  amount  of  tax  which  would 
be  imposed  by  section  1400  of"  and  insert  in  place  thereof  the 
words,  the  amount  of  the  employee  tax  which  would  be  imposed 
by,  so  that  said  subparagraph  as  amended  shall  read  as  follows : 
(2)  Each  political  subdivision  required  to  make  payments 
under  subparagraph  (1)  of  this  paragraph  is  authorized,  in 
consideration  of  the  employee's  retention,  or  entry  upon,  em- 
ployment after  enactment  of  this  act,  to  impose  upon  each  of 
its  employees,  as  to  services  which  are  covered  by  an  approved 
plan,  a  contribution  with  respect  to  his  wages  not  exceeding 
the  amount  of  the  employee  tax  which  would  be  imposed  by 
the  Federal  Insurance  Contributions  Act  if  such  services  con- 
stituted employment  within  the  meaning  of  that  act,  and  to 
deduct  the  amount  of  such  contribution  from  his  wages  as 
and  when  paid.  Contributions  so  collected  shall  be  paid  into  the 
contribution  fund  in  partial  discharge  of  the  liability  of  such 
political  subdivision  or  instrumentality  under  subparagraph 
(1)  of  this  paragraph.  Failure  to  deduct  such  contribution 
shall  not  relieve  the  employee  or  employer  of  liability  therefor. 


550  Chapter  332  [1955 

6.  Pro-Rata  Share  of  Administration  Costs.  Amend  sec- 
tion 7  of  chapter  234  of  the  Laws  of  1951  (section  7,  chapter 
101,  RSA)  and  as  amended  by  section  2,  chapter  92,  Laws  of 
1955,  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  7.  Administration.  For  the  purpose  of  pro- 
viding 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  amount  of  wage  contributions  that  said  state  division 
or  political  subdivision  coming  within  the  provisions  of  this 
act  is  required  to  make  to  the  contribution  fund.  The  contribu- 
tions 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  employer. 
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. 

7.  Application  of  Terms.  The  term  "federal  security  ad- 
ministrator" wherever  it  appears  in  paragraph  II,  section  2, 
in  paragraphs  I  and  II,  section  3,  chapter  234,  Laws  of  1951, 
(paragraph  II,  section  2,  paragraphs  I  and  II,  section  3,  chap- 
ter 101,  RSA)  is  hereby  amended  to  read,  secretary  of  health, 
education  and  welfare. 

8.  Subdivisions.  Amend  chapter  201  of  the  Laws  of  1945 
(chapter  100,  RSA)  by  inserting  after  section  7  thereof  the 
following  new  sections:  7-a.  Revocation  of  Election.  Not- 
withstanding any  provision  of  law  to  the  contrary,  the  govern- 
ing body  of  any  county,  city,  town,  school  district  or  other 
political  subdivision  which  has  heretofore  elected  to  have  its 
officers  and  employees  become  eligible  to  participate  in  the 
state  employees'  retirement  system,  may,  by  resolution  legally 
adopted,  revoke  such  election  with  respect  to  officers  and  em- 
ployees who  shall  enter  the  service  of  such  political  subdivision 
on  or  after  July  1,  1956,  and  with  respect  to  officers  and  em- 
ployees in  the  service  of  such  subdivision  on  June  30,  1956, 
who  are  inactive  members  of  the  state  employees'  retirement 


1955]  Chapter  333  551 

system.  As  used  herein,  the  phrase  "inactive  members  of  the 
state  employees'  retirement  system"  shall  mean  and  refer  to 
persons  in  the  employ  of  an  employer  with  respect  to  whom 
there  have  not  been  made  the  deductions  and  contributions 
to .  the  state  employees'  retirement  system  directed  by  this 
chapter.  The  phrase  shall  also  include  persons  who  have  elected 
not  to  become  members  of  said  system  under  an  option  allowed 
by  law.  Such  election  shall  not  affect  the  rights  and  obligations 
of  the  active  members  or  beneficiaries  of  the  employer,  nor  of 
the  employer  with  respect  to  such  active  members  and  bene- 
ficiaries, except  as  hereinafter  set  forth. 

7-b.  Notice  to  Trustees.  The  clerk  of  the  subdivision 
shall  forthwith  upon  the  adoption  of  such  resolution  notify 
the  trustees  thereof,  and  shall  furnish  such  other  information 
with  respect  to  the  employees  of  the  subdivision  as  the  trustees 
shall  request. 

7-c.  Contributions.  Upon  the  receipt  of  such  notifica- 
tion, and  from  time  to  time  thereafter,  the  trustees  shall 
determine  the  contributions  thence  forth  to  be  made  by  the 
employer  with  respect  to  its  active  members  and  beneficiaries. 
The  contributions  of  each  employer  shall  be  determined  on  the 
basis  such  that  its  own  past  and  future  contributions  shall 
provide  the  reserve  heretofore  established  and  to  be  established 
in  the  future  for  the  state  annuities  of  its  employees.  The 
trustees  shall  notify  the  employer  of  such  determination,  and 
the  employer  shall  thereafter  contribute  to  the  state  employees' 
retirement  system  in  accordance  therewith. 

9.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  333. 

AN  ACT  RELATIVE  TO  EXPENDITURE  OF  STATE  FUNDS  ON  CLASS  IV 
COMPACT  SECTION  HIGHWAYS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Application  of  Statutes.     Amend  section  7,  part  2,  chap- 


552  Chapter  333  [1955 

ter  90,  Revised  Laws,  as  inserted  by  chapter  188  of  the  Laws 
of  1945  and  as  amended  by  section  2,  chapter  79  of  the  Laws 
of  1949,  (section  7,  chapter  231,  RSA)  by  striking  out  the 
figure  "1-a,"  in  the  last  line  of  said  section  and  inserting  in 
place  thereof  the  figure,  1,  so  that  said  section  as  amended 
shall  read  as  follows :  7.  Class  IV  Compact  Section  Highways. 
All  class  IV  highways  shall  be  wholly  constructed,  recon- 
structed, and  maintained  by  the  city  or  town  in  which  they 
are  located,  and  no  state  funds  shall  be  expended  thereon 
except  as  may  be  authorized  by  section  1,  part  13  of  this 
chapter. 

2.  Highways.  Amend  section  4,  part  1  of  chapter  90  of 
the  Revised  Laws  as  inserted  by  chapter  188,  Laws  of  1945 
and  amended  by  chapter  30  of  the  Laws  of  1951  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
4.  Classification.  Highways  of  the  state  shall  be  divided  into 
six  classes  as  follows: 

L  Class  I  highways  shall  consist  of  all  existing  or  pro- 
posed highways  on  the  primary  state  highway  system,  except- 
ing all  portions  of  such  highways  within  the  compact  sections 
of  cities  or  towns  of  three  thousand  inhabitants  and  over. 

IL  Class  II  highways  shall  consist  of  all  existing  or 
proposed  highways  on  the  secondary  state  highway  system, 
excepting  all  portions  of  such  highways  within  the  compact 
sections  of  cities  or  towns  of  three  thousand  inhabitants  and 
over. 

III.  Class  III  highways  shall  consist  of  all  recreational 
roads  leading  to,  and  within,  state  reservations  designated  by" 
the  legislature. 

IV.  Class  IV  highways  shall  consist  of  all  highways 
within  the  compact  sections  of  cities  or  towns  of  three  thousand 
inhabitants  and  over.  The  compact  section  of  any  such  city  or 
town  shall  be  the  territory  within  such  city  or  town  where  the 
frontage  on  any  highway,  in  the  opinion  of  the  highway  com- 
missioner, is  mainly  occupied  by  dwellings  or  buildings  in 
which  people  live,  or  business  is  conducted,  throughout  the 
year  and  not  for  a  season  only. 

IV-a.  The  number  of  inhabitants  for  the  determination 
of  class  IV  highways  shall  be  those  shown  by  the  latest  avail- 
able federal  census  and  where  the  classification  of  any  highway 


1955]  Chapter  333  553 

under  this  section  is  dependent  upon  the  number  of  inhabitants 
of  a  city  or  town  such  classification  shall  be  changed  in  accord- 
ance with  the  changed  population  of  such  city  or  town  as 
reported  by  said  census ;  provided,  that  in  towns  where  colleges 
or  other  institutions  of  higher  learning  are  located  and  students 
residing  within  the  town  during  the  school  year  only  have 
been  included  in  the  federal  census  figures,  the  commissioner 
of  public  works  and  highways  shall  deduct  from  the  federal 
census  figures  the  number  of  such  students  as  shown  by  a 
signed  statement  by  the  head  of  the  college  or  other  institution 
of  higher  learning. 

V.  Class  V  highways  shall  consist  of  all  other  traveled 
highways  which  the  town  has  the  duty  to  maintain  regularly 
and  shall  be  known  as  town  roads. 

VI.  Class  VI  highways  shall  consist  of  all  other  existing 
public  ways,  and  shall  include  all  highways  discontinued  as 
open  highways  and  made  subject  to  gates  and  bars,  and  all 
highways  which  have  not  been  maintained  and  repaired  by  the 
town  in  suitable  condition  for  travel  thereon  for  five  successive 
years  or  more. 

3.  Aid  for  Town  Highways.  Amend  section  2,  part  13, 
chapter  90  of  the  Revised  Laws,  as  inserted  by  chapter  83, 
Laws  of  1951  and  amended  by  chapter  31,  Laws  of  1953 
(section  2,  chapter  241,  RSA)  by  striking  out  the  words 
"twenty-five  hundred"  in  the  nineteenth  line  thereof  and  in- 
serting in  place  thereof  the  words,  three  thousand,  so  that 
said  section  as  amended  shall  read  as  follows :  2.  Apportion- 
ment. All  funds  available  to  cities,  towns  and  unincorporated 
places,  pursuant  to  the  provisions  hereof  shall  be  allotted  by 
the  commissioner  of  public  works  and  highways  upon  the  fol- 
lowing basis:  (a)  Apportionment  A.  The  commissioner 
shall  apportion,  on  the  basis  of  a- sum  of  not  less  than  nine 
hundred  thousand  dollars,  to  each  city,  town  and  unincor- 
porated place,  an  amount  based  on  the  proportion  which  the 
mileage  of  the  regularly  maintained  Class  IV  and  Class  V 
highways  in  that  city,  town  or  unincorporated  place,  as  of 
January  1st  of  the  previous  year,  bears  to  the  total  mileage 
of  the  regularly  maintained  Class  IV  and  Class  V  highways 
in  the  state  as  of  that  date.  Any  city  or  town  issuing  bonds 
or  long  term  notes  to  accelerate  the  improvement  of  its  Class 


554  Chapter  333  [1955 

IV  and  Class  V  highways  may  apply  any  part  of  the  funds 
herein  apportioned,  for  a  period  not  to  exceed  five  years  or 
with  the  approval  of  the  commissioner  for  a  period  not  to 
exceed  ten  years,  to  aid  in  the  retirement  of  such  bonds  or 
notes:  (b)  Apportionment  B.  The  commissioner  shall  ap- 
portion to  each  city  and  town  of  three  thousand  inhabitants 
and  over,  one  thousand  dollars  per  mile  for  the  mileage  of 
Class  IV  highways  which  are  urban  extensions  of  Class  I  and 
Class  II  highways.  If  the  projects  submitted  are  eligible  for 
federal  assistance,  this  apportionment  must  be  used  to  match 
any  federal  funds  which  may  be  available  to  the  applicant  city 
or  town.  Any  city  or  town  issuing  bonds  to  accelerate  the  im- 
provement of  arterial  routes  within  its  compact  area  may 
apply  any  part  of  the  funds  herein  apportioned,  for  a  period 
not  to  exceed  ten  years,  to  aid  in  the  retirement  of  such  bonds : 
(c)  Apportionment  C.  The  commissioner  shall  apportion  to 
eligible  cities  or  towns  the  amount  of  federal  funds  which  are 
available  for  their  use. 

4.  Highways,  Regulation.  Amend  section  1,  part  19,  chap- 
ter 90,  of  the  Revised  Laws,  as  inserted  by  chapter  188,  Laws 
of  1945  (section  5,  chapter  249,  RSA)  as  amended  by  section  1, 
chapter  178,  Laws  of  1955,  by  striking  out  the  words  "twenty- 
five  hundred"  in  the  third  line  and  inserting  in  place  thereof 
the  words,  three  thousand,  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  three  thousand  population  and  in  other 
towns  or  cities  outside  the  compact  portion  thereof  as  deter- 
mined 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. 

5.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


1955]  Chapter  334  555 

CHAPTER  334. 

AN  ACT  RELATIVE  TO  COOPERATIVE  SCHOOL  DISTRICTS. 

Be  it  enacted  by  the  Seriate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Cooperative  School  Districts.  Amend  chapter  199  of  the 
Laws  of  1947,  as  inserted  by  chapter  213,  Laws  of  1951  (chap- 
ter 195,  RSA)  by  inserting  after  section  9  the  following  new 
section :  9-a.  Property  Not  Taken  Over  by  District.  When- 
ever a  cooperative  district  is  formed  and  assumes  all  of  the 
functions  of  a  pre-existing  school  district  but  does  not  take 
over  all  of  the  property  in  a  pre-existing  district,  the  school 
board  of  such  pre-existing  district  shall  call  a  special  school 
district  meeting  prior  to  the  time  of  establishment  of  the  co- 
operative district  to  see  what  action  shall  be  taken  relative  to 
the  remaining  property. 

2.  Disposition  of  Property.  Amend  chapter  199  of  the 
Laws  of  1947,  as  inserted  by  chapter  213,  Laws  of  1951  (chap- 
ter 195,  RSA)  by  inserting  after  section  11  the  following  new 
section:  11-a.  Capital  Reserves  and  Cash  Balances.  When 
all  of  the  functions  of  a  school  district  are  to  be  assumed  by 
a  cooperative  district  the  balance  in  any  capital  reserve  fund 
established  by  a  school  district  and  any  cash  balance  in  the 
.hands  of  the  treasurer  or  money  due  the  district  at  the  time 
of  establishment  of  the  cooperative  district  less  any  outstand- 
ing bills  or  debts  other  than  long  term  indebtedness  which  is 
to  become  the  obligation  of  the  cooperative  district,  shall  be 
used  as  a  credit  against  the  cooperative  district  assessment  to 
be  raised  by  the  pre-existing  district  for  the  first  year  of 
operation  or  may  be  spread  over  a  period  of  not  more  than  five 
years  as  the  voters  of  the  pre-existing  school  district  shall 
determine  at  either  any  annual  meeting  or  a  special  school 
district  meeting  called  for  that  purpose  prior  to  the  establish- 
ment of  the  cooperative  district. 

3.  District  Taxes.  Amend  section  14  of  chapter  199  of  the 
Laws  of  1947,  as  inserted  by  chapter  213,  Laws  of  1951,  (sec- 
tion 14,  chapter  195,  RSA)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  14.  CertiJScation. 
Between  June  1  and  June  10  an  attested  copy  of  every  vote 
taken  to  raise  money  shall  be  certified  by  che  district  clerk,  in 


556  Chapter  334  [1955 

writing,  with  the  approval  of  the  chairman  of  the  school  board, 
to  the  selectmen  of  each  town  wholly  or  partly  included  within 
the  cooperative  school  district,  the  amount  of  taxes  to  be  raised 
for  educational  purposes  in  each  pre-existing  school  district 
wholly  or  partly  incorporated  in  the  cooperative  district.  The 
selectmen  of  each  town  shall  pay  over  to  the  treasurer  of  the 
cooperative  district  such  portions  of  the  sums  so  raised  as  may 
reasonably  be  required  according  to  a  schedule  of  payments 
needed  for  the  year  as  prepared  by  the  treasurer  and  approved 
by  the  cooperative  school  board,  but  no  such  payment  shall  be 
greater  in  percentage  to  the  total  sum  raised  by  such  local 
district  than  that  of  any  other  local  district  comprising  such 
cooperative  school  district.  Whenever  a  cooperative  school  dis- 
trict assumes  all  the  functions  of  a  pre-existing  district,  the 
cooperative  board  shall  also  certify  to  the  selectmen  the  amount 
to  be  raised  by  taxation  to  meet  the  outstanding  obligations 
of  such  pre-existing  district  including  serial  notes  or  bonds  of 
such  pre-existing  district. 

4.  Reports.  Amend  chapter  199  of  the  Laws  of  1947,  as 
inserted  by  chapter  213,  Laws  of  1951  (chapter  195,  RSA)  by 
inserting  after  section  4  the  following  new  section :  4-a.  Ac- 
ceptance by  State  Board  of  Education.  Following  the  organiza- 
tion meeting  the  state  board  shall  receive  from  the  clerk  of  the 
cooperative  school  district  a  certified  copy  of  the  action  taken 
including  the  names  of  the  districts  uniting  into  the  new  co- 
operative district,  grades  included  in  the  program,  officers 
elected  at  the  meeting,  plan  adopted  for  distributing  the  cost 
of  operation,  property  to  be  purchased,  if  any,  date  of  establish- 
ment and  any  other  action  taken,  provided  however  that  if  the 
organization  meeting  is  adjourned,  action  taken  at  the  ad- 
journed meeting  shall  be  likewise  reported  to  the  state  board. 
P*rior  to  the  date  of  establishment  the  board  shall  review  all 
the  information  received  from  the  organizing  districts  and 
certify  to  clerk  and  chairman  of  the  new  cooperative  school 
district  that  all  the  requirements  have  been  fulfilled  relative 
to  the  establishment  and  that  after  that  date  the  new  co- 
operative district  will  be  recognized  as  in  existence. 

5.  Powers  of  District  to  Borrow  Money  for  Capital  Improve- 
ments. Amend  paragraphs  II  and  III  of  section  6  of  chapter 
199,  Laws  of  1947,  as  inserted  by  chapter  213,  Laws  of  1951 


1955]  Chapter  334  557 

(chapter  195,  RSA)  by  striking  out  said  paragraphs  and  in- 
serting in  place  thereof  the  following:  XL  Each  cooperative 
school  district  shall  have  the  power  to  borrow  money  and  issue 
its  notes  or  bonds  in  conformity  with  the  provisions  of  chapter 
72  of  the  Revised  Laws  as  amended,  provided,  however,  when 
it  shall  appear  to  the  board  of  investigation  as  established  in 
the  municipal  finance  act.  Revised  Laws  chapter  72  as  amended 
that  such  action  is  necessary  or  desirable,  indebtedness  may 
be  incurred  to  an  amount  not  to  exceed  six  per  cent  of  their 
assessed  valuation  as  last  equalized  by  the  state  tax  commis- 
sion. 

III.  Whenever  only  a  part  of  the  educational  facilities  of 
a  local  school  district  are  incorporated  into  a  cooperative  school 
district,  such  local  district  shall  continue  in  existence  and 
function  as  previously.  The  cooperative  school  district  shall 
assume  only  those  outstanding  debts  and  obligations  of  the 
local  school  district  which  pertain  to  the  property  acquired  by 
the  cooperative  school  district  for  use  by  the  cooperative  school 
district.  In  such  case  no  cooperative  school  district  shall  for 
elementary  school  purposes  incur  debt  to  an  amount  exceeding 
one  and  one  half  per  cent,  and  for  secondary  school  purposes 
to  an  amount  exceeding  three  per  cent  of  the  total  assessed 
value  of  such  district  as  last  equalized  by  the  tax  commission. 
In  the  event  that  it  shall  appear  necessary  or  desirable  to  the 
board  of  investigation  provided  for  in  the  Municipal  Finance 
Act,  chapter  72,  Revised  Laws,  upon  application  properly  made 
to  it,  that  an  elementary  or  a  secondary  cooperative  school 
district  incur  indebtedness  greater  than  the  aforesaid  one  and 
one-half  per  cent  or  three  per  cent,  as  the  case  may  be,  such 
elementary  school  district  or  secondary  school  cooperative  dis- 
trict may  incur  such  indebtedness,  as  may  be  authorized  by 
said  board  of  investigation,  but  not  in  excess  of  six  per  cent 
of  said  valuation  as  hereinbefore  set  forth.  No  cooperative 
school  district  shall  incur  indebtedness  if  it  subjects  the  tax- 
able property  of  any  school  district  forming  a  part  thereof  to 
debt,  when  added  to  the  debt  of  such  school  district,  of  more 
than  six  per  cent  of  the  value  of  such  taxable  property. 

6.  Definition's.  Amend  section  1  of  chapter  199,  Laws  of 
1947,  as  inserted  by  chapter  213,  Laws  of  1951,  and  as  amended 
by  section  1,  chapter  225,  Laws  of  1953   (chapter  195,  RSA) 


558  Chapter  334  [1955 

by  inserting  at  the  end  thereof  the  following  new  paragraph: 
IX.  "Valuation"  shall  mean  the  valuation  as  determined  by 
the  tax  commission  for  debt  limits,  under  the  provisions  of 
chapter  72  of  the  Revised  Laws,  as  amended. 

7.  Formation  of  District.  Amend  paragraph  I  of  section  3 
of  chapter  199,  Laws  of  1947,  as  inserted  by  chapter  213,  Laws 
of  1951,  and  as  amended  by  section  2,  chapter  225,  Laws  of 
1953  (chapter  195,  RSA)  by  inserting  after  the  word  "district" 
in  the  eleventh  line  the  words:     The  petitioning  motion  shall 

be  substantially  in  the  following  form:     Resolved  that 

school  district  petition  the  state  board  of  education 

to  become  a  member  of  a  cooperative  school  district  which 
may  include,  in  addition  to  this  district  the  following  school 

districts,  namely 

so  that  said  paragraph  as  amended  shall  read  as  follows:  I. 
The  board  is  hereby  authorized  and  empowered  to  suggest  in 
this  state  cooperative  school  districts  to  provide  for  the  educa- 
tional needs  and  services  of  elementary  and  secondary  school 
children  and  youth,  to  determine  and  define  the  boundaries, 
and  to  designate  said  districts  by  name,  number  and  such  other 
description  as  it  shall  deem  proper.  Any  school  district  desirous 
of  becoming  a  part  of  a  suggested  cooperative  school  district 
for  a  region  shall  at  a  duly  called  annual  or  special  meeting 
by  a  majority  vote  of  those  present  and  voting  to  petition  the 
board  to  become  a  part  of  a  cooperative  school  district.  The 
petitioning  motion  shall  be  substantially  in  the  following  form : 

Resolved  that school  district  petition 

the  state  board  of  education  to  become  a  member  of  a  coopera- 
tive school  district  which  may  include,  in  addition  to  this  dis- 
trict the  following  school  districts,  namely 

One  or  two  representatives  from  each  pre-existing  district  shall 
be  elected  at  the  petitioning  meetings  to  form  an  interim 
committee  who  shall  prepare  a  financial  budget  for  the  opera- 
tion of  the  proposed  cooperative  district.  The  district  clerk 
shall  within  ten  days  after  the  meeting  forward  to  the  board 
a  certified  record  of  the  meeting,  a  certified  copy  of  the  warrant 
articles  acted  upon  at  the  meeting,  and  also  certification  of  the 
posting  of  the  notice  of  the  meeting  plus  the  results  of  the 
election  to  the  interim  committee.  The  records  of  each  meeting 
shall  show  that  a  majority  of  the  qualified  voters  present  and 


1955]  Chapter  334  559 

voting  in  each  duly  called  school  district  meeting  are  in  favor 
of  joining  a  cooperative  school  district  of  the  region  as  ap- 
proved and  laid  out  by  the  board.  Following  a  vote  by  the 
individual  districts  of  the  suggested  cooperative  school  district, 
the  board  is  empowered  to  lay  out  a  proposed  cooperative 
school  district  when  a  sufficient  number  of  districts  of  the 
original  proposal  have  indicated  their  desire  by  a  majority 
vote  of  the  qualified  voters  to  become  a  part  of  a  cooperative 
school  district,  and  if  in  the  board's  judgment  the  districts 
so  voting  would  constitute  an  administrative  unit  possessing 
the  necessary  conditions  to  make  it  to  the  best  interests  of 
the  region  to  be  so  organized.  Within  ten  days  after  the  mak- 
ing and  entry  of  the  orders  pursuant  to  this  section,  the  board 
shall  transmit  a  certified  copy  thereof  to  the  clerk  and  to  the 
chairman  of  the  school  board  of  each  school  district,  indicating 
the  territory  which  is  affected  by  said  orders.  Each  school 
board  shall  within  ten  days  after  receipt  of  such  orders  cause 
them  to  be  published  in  a  local  newspaper  or  in  one  commonly 
circulated  in  the  district. 

8.  Change  in  Date.  Amend  paragraph  I  of  section  6  of 
chapter  199,  Laws  of  1947,  as  inserted  by  chapter  213,  Laws 
of  1951,  (chapter  195,  RSA)  by  striking  out  the  words  "July 
first,  next,  following  its  absorption  by  the  cooperative  school 
district"  and  inserting  in  place  thereof  the  words,  the  date  of 
establishment  of  the  cooperative  district,  so  that  said  para- 
graph as  amended  shall  read  as  follows: 

L  Each  cooperative  school  district  shall  be  a  body  cor- 
porate and  politic  with  power  to  sue  and  be  sued,  to  acquire, 
hold  and  dispose  of  real  and  personal  property  for  the  use  of 
schools  therein,  and  to  make  necessary  contracts  in  relation 
thereto,  and  have  and  possess  all  the  powers  and  be  subject 
to  all  the  liabilities  conferred  and  imposed  upon  school  districts 
under  the  provisions  of  chapter  138  of  the  Revised  Laws. 
Whenever  a  cooperative  school  district  assumes  all  the  func- 
tions of  a  local  school  district,  such  local  district  shall  continue 
in  existence  to  the  date  of  establishment  of  the  cooperative 
district,  and  thereafter  such  cooperative  school  district  shall 
be  the  agent  for  the  payment  of  all  outstanding  just  debts  and 
obligations  of  such  pre-existing  district. 


560  Chapter  334  [1955 

9.  €omputation  of  Costs.  Amend  section  7  of  chapter  199, 
Laws  of  1947,  as  inserted  by  chapter  213,  Laws  of  1951  (chap- 
ter 195,  RSA)  by  striking  out  the  word  ''adjusted"  where  it 
occurs  in  the  fourth,  fifth,  eighth  and  ninth  lines,  and  inserting 
in  place  thereof  the  word,  equalized,  so  that  said  section  as 
amended  shall  read  as  follows:  7.  Apportionment  of  Costs. 
During  the  first  five  years  after  the  formation  of  a  cooperative 
school  district,  each  pre-existing  district  shall  pay  its  share  of 
the  cost  of  all  capital  improvements,  based  upon  the  proportion 
which  its  equalized  valuation  bears  to  the  total  aggregate 
equalized  valuation  of  the  cooperative  school  district  at  the 
time  of  its  formation.  Thereafter,  such  costs  shall  be  appor- 
tioned on  the  basis  of  the  ratio  of  the  equalized  valuation  of 
the  pre-existing  district  to  the  total  equalized  valuation  of  the 
cooperative  school  district  at  the  time  the  funds  therefor  are 
appropriated. 

10.  Operation.  Amend  section  8  of  chapter  199,  Laws  of 
1947,  as  inserted  by  chapter  213,  Laws  of  1951,  and  as  amended 
by  section  8,  chapter  225,  Laws  of  1953,  (chapter  195,  RSA) 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  8.  Cost  of  Operation.  The  cost  of  operating  co- 
operative schools  shall  be  prorated  among  the  pre-existing 
districts  in  accordance  with  either  one  of  the  following  ways, 
except  as  hereinafter  provided,  as  determined  by  the  majority 
vote  of  the  cooperative  district  meeting: 

I.  The  proportion  that  its  equalized  valuation  bears  to 
the  total  equalized  valuation  of  the  property  within  the  co- 
operative school  district;  or 

U.  One-half  of  cost  shall  be  apportioned  in  proportion  to 
the  average  daily  membership  for  the  preceding  school  year 
and  one-half  shall  be  apportioned  on  the  equalized  valuation 
formula  above. 

11.  Transfer  of  Property.  Amend  section  9  of  chapter  199, 
Laws  of  1947,  as  inserted  by  chapter  213,  Laws  of  1951  (chap- 
ter 195,  RSA)  by  striking  out  the  word  "adjusted"  where  it 
occurs  in  the  seventh  and  eighth  lines,  and  inserting  in  place 
thereof  the  word,  equalized,  so  that  said  section  as  amended 
shall  read  as  follows :  9.  Taking  Over  Property.  Whenever 
a  cooperative  school  district  is  formed,  the  property  belonging 
to  the  pre-existing  districts  to  be  used  by  the  cooperative  dis- 


1955]  Chapter  334  561 

trict  shall  be  separately  appraised  by  the  state  tax  commission. 
At  the  next  annual  assessment  a  tax  equivalent  to  that  amount 
shall  be  levied  upon  the  several  districts  composing  the  co- 
operative school  district  in  the  proportion  that  the  equalized 
valuation  of  each  bears  to  the  equalized  valuation  of  the  whole, 
and  there  shall  be  remitted  to  the  taxpayers  of  each  pre- 
existing district  the  appraised  value  of  its  property.  Whenever 
the  board  decides  the  foregoing  adjustment  will  work  a  hard- 
ship on  any  one  or  all  of  the  pre-existing  districts,  it  may  of 
its  own  motion,  or  upon  petition  of  any  ten  residents  of  a 
pre-existing  district  provide  that  such  adjustment  be  made 
over  a  period  of  not  exceeding  twenty  years. 

12.  Trust  Funds.  Amend  section  11  of  chapter  199,  Laws 
of  1947,  as  inserted  by  chapter  213,  Laws  of  1951  (chapter  195, 
RSA)  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  11.  Continuance  of  Trust  Funds.  All  trust 
funds  held  or  enjoyed  by  any  pre-existing  district  shall  be  held 
and  applied  as  the  terms  of  the  trust  indicate.  If  such  trust 
allows,  the  funds  may  be  applied  for  the  same  uses  and  pur- 
poses of  the  cooperative  district. 

13.  Computation.  Amend  section  15  of  chapter  199,  Laws 
of  1947,  as  inserted  by  chapter  213,  Laws  of  1951  (chapter  195, 
RSA)  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  15.  State  Aid.  The  state  aid,  provided  by 
sections  8,  9  and  9-a  of  chapter  140,  Revised  Laws,  as  amended, 
to  which  a  cooperative  elementary  and/or  secondary  district 
shall  be  entitled  shall  be  the  total  of  those  shares  of  the  aid 
to  which  the  pupils  attending  the  cooperative  district  would 
have  entitled  the  pre-existing  districts,  had  they  remained  in 
the  pre-existing  districts. 

14.  Additional  Aid.  Amend  chapter  199,  Laws  of  1947,  as 
inserted  by  chapter  213,  Laws  of  1951  (chapter  195,  RSA)  by 
inserting  after  section  15  the  following  new  section:  15-a. 
Building  Aid.  Except  as  hereinafter  provided,  for  the  purpose 
of  receiving  state  building  aid,  or  other  similar  aid  toward 
school  buildings,  which  may  hereafter  be  provided,  the  amount 
of  such  aid  for  cooperative  school  districts  shall  apply  only  to 
those  cooperative  or  union  school  districts  which  were  formed 
from  two  or  more  districts  from  two  or  more  towns.  A  co- 
operative school  district  formed  from  two  or  more  school  dis- 


562  Chapter  335  [1955 

tricts  within  one  town  shall  be  deemed  to  be  a  school  district 
and  not  a  cooperative  school  district  in  so  far  as  receipt  of 
state  building  or  other  similar  aid  toward  school  buildings  is 
concerned.  The  limitations  of  this  section  relative  to  coopera- 
tive school  districts  formed  from  districts  within  one  town 
shall  apply  only  to  those  which  are  so  organized  after  July  1, 
1955.  Such  cooperative  school  district  organized  prior  to  July  1, 
1955,  shall  be  deemed  a  cooperative  school  district  for  the 
purpose  of  receiving  such  building  aid. 

15.  Goshen-Lempster   Cooperative   School   District.     The 

present  capital  reserve  established  by  the  pre-existing  school 
district  of  Lempster  by  vote  of  March  14,  1950,  shall  be  used 
by  the  Goshen-Lempster  cooperative  school  district  for  the 
construction  of  the  new  central  school  in  addition  to  the  amount 
already  appropriated  and  this  capital  reserve  shall  be  used  as 
a  credit  against  the  cooperative  school  assessment  to  be  raised 
by  the  pre-existing  district  of  Lempster  for  a  period  of  five 
years  from  the  date  of  the  passage  of  this  act. 

16.  Takes   Effect.     This   act   shall    take   effect   upon   its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  335. 

AN  ACT  PROVIDING  FOR  A  STUDY  OF  THE  JURISDICTION  OF 
MUNICIPAL  COURTS  OR  DISTRICT  COURTS  AND  RELATING  . 
TO  SCHOOL  BUILDING  AID  AND  OTHER  PURPOSES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Judicial  Council.  The  judicial  council  is  directed  to  in- 
stitute a  study  of  the  jurisdictional  limits  of  municipal  courts 
in  this  state  to  determine  whether  said  jurisdiction  should  be 
enlarged,  or  whether  district  courts  should  be  established  in 
order  to  improve  the  local  courts  of  the  state.  Said  council 
shall  make  a  report  of  its  investigation  and  study  together  with 
its  recommendations  for  legislation,  if  any,  to  the  1957  legis- 
lature. 


1955]  Chapter  335  563 

2.  Report.  The  judicial  council  shall  complete  such  portion 
of  its  report,  if  any,  which  may  embody  constitutional  changes 
prior  to  the  convening  of  the  next  constitutional  convention 
and  shall  submit  such  portion  of  its  report  to  that  body. 

3.  Special  Courts.  The  judicial  council  shall  particularly 
inquire  into  the  advisability  of  establishing  special  courts  for 
the  administration  of  juvenile  cases. 

4.  Appropriation.  There  is  hereby  appropriated  the  sum 
of  one  thousand  dollars  for  the  use  of  the  judicial  council  in 
effectuating  the  purposes  of  sections  1,  2  and  3. 

5.  Compensation  of  Clerks.  Amend  section  18  of  chapter 
9  of  the  Revised  Laws,  as  amended  by  section  1,  chapter  85  of 
the  Laws  of  1951  (section  19,  chapter  14,  RSA)  by  striking 
out  in  the  second  line  the  words  "ninety-five"  and  inserting 
in  place  thereof  the  word,  one  hundred,  so  that  said  section  as 
amended  shall  read  as  follows :  18.  Senate  Clerk.  The  com- 
pensation of  the  clerk  of  the  senate  shall  be  one  hundred 
dollars  a  week  for  each  six-day  week  of  any  regular  session, 
together  with  three  hundred  and  fifty  dollars  when  he  files 
with  the  secretary  of  state  a  printed  copy  of  his  journal  and 
seventy-five  dollars  for  attendance  according  to  law  at  the 
opening  of  each  session.  Said  sums  shall  be  in  full  for  services 
performed  at  such  regular  session. 

6.  Assistant  Clerks.  Amend  section  20  of  chapter  9  of  the 
Revised  Laws,  as  amended  by  section  1,  chapter  85  of  the  Laws 
of  1951  (section  21,  chapter  14,  RSA)  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  20. 
Assistant  Clerks.  The  compensation  of  the  assistant  clerk  of 
the  senate  and  the  assistant  clerk  of  the  house  shall  be  ninety- 
five  dollars  each  per  week  for  each  six-day  week  of  any  regular 
session. 

7.  Senate  Attaches.  The  compensation  of  the  doorkeeper 
and  assistant  messenger  of  the  senate  shall  be  seven  dollars 
and  fifty  cents  a  day ;  each  for  six  days  a  week  in  any  regular 
session.  Said  sum  shall  be  in  full  for  services  performed  at  any 
regular  session.  Any  part  of  section  23  of  chapter  9  of  the 
Revised  Laws,  as  amended  by  an  act  passed  at  1955  session 
of  the  legislature  which  is  inconsistent  with  the  provisions  of 


564  Chapter  335  [1955 

this  section  shall  be  repealed  to  the  extent  of  such  inconsis- 
tencies. 

8.  Business  Supervisor.  Amend  that  part  of  section  1  of 
chapter  265  of  the  Laws  of  1953  pertaining  to  the  salary  for 
business  supervisor  in  the  eleventh  line  of  paragraph  II  by 
striking  out  the  figures  6,500  -  7,475  and  inserting  in  place 
thereof  the  figures  7,000  -  8,050. 

9.  School  Building  Aid.  Amend  chapter  140  of  the  Revised 
Laws  (chapter  198,  RSA)  by  inserting  after  section  14  the 
following  new  sections: 

School  Building  Aid 
14-a.  Annual  Grant  for  the  Payment  of  Debt  Service  for 
School  Construction.  To  aid  local  school  districts  in  meeting 
the  costs  of  the  payment  of  debt  for  school  buildings,  the  state 
board  of  education  shall,  from  funds  appropriated  by  the 
general  court  to  carry  out  the  provisions  of  this  sub-division, 
pay  annually  to  the  school  districts  of  the  state,  sums  in 
accordance  with  the  provisions  of  this  sub-division. 

14-b.  Amount  of  Annual  Grant.  The  amount  of  the 
annual  grant  to  any  school  district  duly  organized,  any  city 
maintaining  a  school  department  within  its  corporate  organi- 
zation, and  any  cooperative  school  district  as  defined  in  chap- 
ter 199,  Laws  of  1947,  as  amended,  shall  be  a  sum  equal  to 
twenty  per  cent  of  the  amount  of  the  annual  payment  of  prin- 
cipal on  all  outstanding  loans  of  the  school  district,  city  or 
cooperative  district  heretofore  or  hereafter  issued  for  the  cost 
of  construction  of  school  buildings,  to  the  extent  approved  by 
the  state  board  of  education,  provided  that  the  amount  of  the 
annual  grant  in  the  case  of  a  cooperative  school  district  (as 
defined  in  chapter  199,  Laws  of  1947)  shall  be  forty  per  cent. 
For  the  purposes  of  this  subdivision  construction  shall  include 
the  acquisition  and  development  of  the  site,  construction  of  a 
new  building  and/or  additions  to  existing  building  including 
alterations  providing  additional  pupil  capacity,  architectural 
and  engineering  fees,  purchase  of  equipment  and  any  other 
costs  necessary  for  the  completion  of  the  building  as  approved 
by  the  state  board  of  education. 

14-c.  Approval  of  Plans,  Specifications  and  Costs  of  Con- 
struction.    A  school  district  which  desires  to  avail  itself  of  the 


1955]  Chapter  335  565 

grant  herein  provided  shall  submit  its  plans  and  specifications 
and  make  application  in  writing  to  the  state  board  of  education 
on  such  forms  as  the  board  may  prescribe  for  the  approval  of 
the  plans  and  specifications,  and  construction  cost  of  school 
buildings  heretofore  or  hereafter  completed  or  authorized.  The 
state  board  of  education  shall  approve  such  costs  as  it  deems 
necessary.  For  the  purposes  of  this  subdivision,  necessary  costs 
shall  be  computed  on  the  basis  of  the  pupil  capacity  of  the 
building  multiplied  by  a  per  pupil  allowance,  as  determined  by 
the  state  board  of  education.  Pupil  capacity  shall  be  based 
upon  the  square  footage  per  pupil  and/or  pupil  stations  in- 
cluding laboratories  and  shops  adjusted  to  elementary,  junior 
high  and  secondary  school  facilities.  The  per  pupil  allowance 
shall  be  based  upon  the  actual  cost  to  the  school  district,  city 
school  department,  or  cooperative  school  district  of  the  school 
construction  in  the  school  district  upon  which  the  school  dis- 
trict is  now  carrying  a  debt  service,  or  the  state  average  per 
pupil  construction  costs  of  elementary  and  secondary  facilities 
for  the  preceding  five  year  period,  respectively  whichever  is 
lower.  The  state  average  per  pupil  construction  cost  for  a 
particular  school  building  may  be  adjusted  whenever  in  the 
judgment  of  the  state  board  of  education  the  expenditures  for 
construction,  land,  equipment  and/or  furnishings  in  the  school 
district,  were  or  are  of  necessity  in  excess  of  average  require- 
ments. Upon  approval  of  the  construction  by  the  state  board 
of  education,  the  school  district  shall  be  entitled  to  receive  an 
annual  grant  as  provided  herein. 

14-d.  Time  of  Computation  of  Grant.  Between  October 
1  and  December  31  in  each  year,  the  state  board  of  education 
shall  cause  to  be  computed  the  amount  of  the  annual  grants 
for  school  building  aid  to  be  paid  to  eligible  school  districts 
for  the  current  fiscal  year.  The  computation  shall  be  based 
upon  the  total  of  approved  costs  of  construction  of  school  build- 
ings for  which  loans  are  outstanding  in  each  school  district  for 
the  preceding  fiscal  year. 

14-e.  Proration  and  Unexpended  Funds.  If  in  any  year, 
the  amount  appropriated  for  distribution  as  school  building 
grants  in  accordance  with  section  14-b  is  insufficient  therefor, 
the  appropriation  shall  be  prorated  proportionally  among  the 
districts  entitled  to  a  grant.  Any  amounts  not  distributed  in 


566  Chapter  336  [1955 

the  first  year  of  any  biennium  may  be  distributed  in  the 
second  year  if  required  to  distribute  the  maximum  amount  per- 
missible under  section  14-a. 

10.  Funds  Provided.  If  unrestricted  general  fund  revenue 
for  the  fiscal  year  ending  June  30,  1956,  shall  exceed  the  sum 
of  $16,419,527  a  sum  of  not  exceeding  the  three  hundred  and 
fifty  thousand  dollars  is  hereby  appropriated  for  the  purpose 
of  school  building  aid  hereunder.  For  distribution  of  school 
building  aid  for  year  beginning  July  1,  1956,  the  state  board 
of  education  may  accept  applications  and  compute  the  amount 
of  aid  under  the  provisions  of  14-d  hereinabove  inserted,  prior 
to  July  1,  1956. 

11.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage,  provided  that  the  first  annual  grant  for  school  build- 
ing aid  hereunder  shall  be  made  for  the  fiscal  year  beginning 
July  1,  1956. 

[Approved  August  5,  1955.] 


CHAPTER  336. 

AN  ACT  RELATIVE  TO  LEGISLATIVE  ATTACHES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Legislative  Employees.  There  is  hereby  appropriated 
the  sum  of  $5,315  as  additional  compensation  to  the  following 
attaches  of  the  present  session  of  the  general  court:  Alice  V. 
Flanders,  $192;  Esther  T.  Hurd,  $186;  Marion  C.  Colby,  $189; 
Margaret  L.  Ford,  $189;  Virginia  B.  Easton,  $191;  Frances 
Doherty,  $158;  Helen  Y.  Andrews,  $189;  Eleanor  C.  Brown, 
$186;  Helene  H.  Wester,  $192;  Alice  P.  Pinkham,  $193;  Mabel 
L.  Richardson,  Bertha  E.  Boutwell,  Harry  J,  E.  Robinson, 
Sherman  L.  Greer,  Daniel  Cronin,  Oney  Russell,  Fayne  E. 
Anderson,  Forest  A.  Bucklin,  Lucie  Weston,  H.  Furber  Jewett, 
William  T.  Thompson,  James  Martin,  George  J.  Heon,  Joseph 
Kershaw,  Reuben  Moore,  Joseph  W.  Means,  $186  each ;  Palmer 
C.  Read,  $187;  William  Palfrey,  $161;  and  Charles  Woodbury, 
$126.  Said  sum  sliall  be  a  charge  upon  the  legislative  appro- 
priation. 


1955]  Chapter  337                                   567 

2.    Takes    Effect.  This    act    shall    take    effect    upon    its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  337. 

an  act  making  appropriations  for  capital  improvements 

and  long  term  repairs  for  the  state  of 

New  Hampshire. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Appropriation.  The  sum  of  one  million,  three  hundred 
fifty-three  thousand,  forty  dollars  is  hereby  appropriated  for 
the  purpose  of  capital  improvements  and  long  term  repairs, 
which  purpose  includes  such  related  improvements,  facilities, 
equipment  and  furnishings  as  are  necessary  to  complete  the 
same.  The  estimated  costs  for  the  projects  are  as  follows: 
I.     Soldiers'  home: 

Sprinkler  pressure  tank  $6,500.00 

II.     State  sanatorium: 

Electric  power  generator  —   $30,000.00 
1  diesel  unit  and  tie-in  for 
control  station. 


III. 


Sprinkler  —  Brown  infirmary 

19,000.00 

Water  supply 

10,000.00 

Infirmary  elevator  and 

controls 

9,000.00 

Plot  and  utility  plans 

2,500.00 

idustrial  school: 

Roads 

$4,000.00 

Riverview  cottage  rewiring 

1,500.00 

Irrigation  and  drainage 

7,640.00 

Steam  line  extension 

16,500.00 

Boys  cottage : 

Construction      $84,000.00 

Furnishings         20,000.00 

104  000  00 

X  V  Tt  y\J\J\J  •\J\J 

70,500.00 


Total  $133,640.00 


568  Chapter  337  [1955 


IV. 


Chapter  337 

Less  land  fund 

36,500.00 

Net  appropriation 

State  prison: 

Boiler  repairs 

$40,000.00 

Remodel  kitchen  and 

vegetable  room  and 

relocate  toilets 

4,000.00 

Repairs  to  north  wall 

4,000.00 

Snow  guards 

2,000.00 

97,140.00 


Total  appropriation  50,000.00 

V.     Laconia  state  school: 

*Rehabilitation  of  Floyd, 
Keyes,  Quimby,  McLane 
and  Baker  buildings  $135,000.00 

Sprinklers  for  Felker, 
McLane,  Baker,  Keyes 
and  Blood  buildings  53,000.00 

Complete  and  furnish  new 
cottages : 
Furnishings        $20,000.00 
Fire  protection       3,500.00 
Roadways  7,500.00 

31,000.00 


Repairs  Little  Hall,  Ad- 
ministration building 
and  fire  boxes  3,600.00 

Plot  plan  1,500.00 

1  new  building  for  defective, 

delinquent  children  90,000.00 

Furnishing  thereof  10,000.00 


Total  $324,100.00 

*  The  amount  of  $135,000  is  to  provide  for  complete  rehabilitation 
of  Laconia  State  School.  A  sufficient  amount  of  this  shall  be  used  so  that 
adequate  sanitation  facilities  may  be  provided. 

VL     State  hospital: 

Power  plant  improvements  $14,000.00 
Cafeteria  —  Walker  building  20,000.00 
Laundry  equipment  32,500.00 

Sprinkler  —  Walker  building    82,000.00 


Total  appropriation  148,500.00 


1955]  Chapter  337  569 

VII.     State  library: 

Heating  improvements  $5,000.00 

Archives  4,000.00 


VIII. 


IX. 


Total  appropriation 

Adjutant  general: 

Manchester  armory- 

$41,000.00 

Dover  armory 

12,500.00 

Total  appropriation 

Department  of  education : 

Manchester  technical  insti- 

tute roof  repairs 

$12,000.00 

Plymouth  teachers'  college  — 

- 

Furnishings  for  new 

building 

25,000.00 

Remodel  kitchen  — 

Mary  Lyon 

10,000.00 

Water  —  Hall  dormitory 

5,000.00 

Parking  area 

5,000.00 

Keene  teachers'  college  — 

Repairs  home  economic 

building 

3,500.00 

Vocational  building  addition 

ready  for  occupancy 

350,000.00 

Repairs  —  Huntress  hall 

and  Fiske 

5,000.00 

9,000.00 


53,500.00 


Total  appropriation  415,500.00 

X.     Water  resources  board: 

Long  term  repairs  for  Pawtuck- 

away  and  Mendum  Ponds    $18,000.00 
Suncook  River  dams  in  the 
towns  of  Barnstead,  Gil- 
manton  and  Alton  31,000.00 

49,000.00 


XL     State  house  and  grounds : 

1.     New  office  space  for  appro- 
priations committee  $2,500.00 


570  Chapter  337  [1955 

2.  Representatives  hall  and 

senate  chamber  fire  safety  20,000.00* 

*  Provided  that  before  any  plans  are  approved  they  must  be  ap- 
proved by  the  speaker  of  the  house  and  president  of  the  senate  for  their 
respective  chambers. 

3.  Stairway  (2)  Smoke 
towers,  fire  doors,  elevator 
enclosures  20,000.00 

4.  Ventilation  for  elevator 

motor  rooms  (2)  1,000.00 

5.  Sprinklers  —  waste  paper 
room,  state  house 

basement  500.00 

6.  Strengthen  corridor 
floors  —  1st  floor, 

state  house  3,500.00 

7.  Structural  repairs  — 

state  house  dome  1,800.00 

8.  New  elevator  (1) 

state  house  48,000.00 

9.  Pointing  and  steam  clean- 
ing masonry  —  state 

house  32,000.00 


129,300.00 

$1,353,040.00 

2.     Recreation  Division.    The  sum  of  three  hundred  seventy- 
one  thousand  four  hundred  fifty  dollars  is  hereby  appropriated 
for  the  recreation  division  as  follows: 
Recreation  division: 

Franconia  tramway  —  new 

track  cable  $75,000.00 

Preservation  of  Great  Stone  Face      1,000.00 
Sewage  disposal  10,000.00 

Flume  area  4,100.00 

Toilets  for  Mt.  Sunapee  beach  area  31,350.00 
*For  acquisition  of  land 

at  Spofford  Lake      $120,000.00 


1955]  Chapter  337  571 

For  improvements 

to  same  130,000.00 

250,000.00 


Total  appropriations  $371,450.00 

*   Spofford  lake  route  9-A  shall  not  become  a  dead-end  road. 

3.  Governor  and  Council.  There  is  hereby  appropriated  the 
sum  of  two  hundred  and  fifty-five  thousand  dollars  to  be  ex- 
pended by  the  governor  and  council  as  follows: 

I.  For  remodeling  of  office  space  for  state  departments 
in  the  state  house  and  annex,  and  for  purchase  of  additional 
property  for  housing  state  departments  if  such  purchase  shall 
be  deemed  by  the  governor  and  council  to  be  in  the  interest 
of  the  state  $250,000.00 

II.  For  a  survey  of  the  top  of 

Mt.  Washington  5,000.00 


$255,000.00 

4.     Powers  of  Governor  and  Council.     The  governor  and 
council  are  hereby  authorized  and  empowered: 

I.  To  establish  the  priority  of  undertaking  the  projects 
hereinbefore  enumerated ; 

II.  To  transfer  funds  from  any  project  named  in  section  1 
to  any  other  project  in  the  same  section; 

III.  To  delete  projects  or  parts  of  projects  provided  such 
deletion  is  for  the  public  good  or  is  necessary  to  keep  within 
the  funds  appropriated; 

IV.  To  substitute  emergency  long  term  repair  projects 
for  any  of  the  projects  hereinbefore  enumerated  if  such  sub- 
stitution is  necessary  for  the  public  good;  and 

V.  To  cooperate  with  and  enter  into  such  agreements 
with  the  federal  government  or  any  agency  thereof,  as  they 
may  deem  advisable,  to  secure  federal  funds  for  the  purposes 
hereof. 

5.  Expenditures.  The  appropriations  made  for  the  pur- 
poses mentioned  in  section  1  and  the  sums  available  for  those 
projects  shall  be  expended  by  the  trustees,  commission,  or 
department  head  of  the  institutions  and  departments  referred 
to  therein,  provided  that  all  contracts  for  projects  and  plans 
and  specifications  therefor  shall  be  awarded  in  accordance  with 


572  Chapter  337  [1955 

the  provision  of  chapter  90-A  of  the  Revised  Laws  as  inserted 
by  part  9  of  chapter  5,  Laws  of  1950.  The  appropriation  made 
and  the  sum  made  available  for  the  project  referred  to  in 
section  2  above  shall  be  expended  by  the  recreation  division 
provided  that  all  contracts  for  projects  and  plans  and  specifica- 
tions therefor  shall  be  awarded  in  accordance  with  the  pro- 
visions of  chapter  90-A  of  the  Revised  Laws  as  inserted  by 
part  9  of  chapter  5,  Laws  of  1950. 

6.  Borrowing  Power.  To  provide  funds  for  the  appropria- 
tions made  in  section  1  hereof,  the  state  treasurer  is  hereby 
authorized,  under  the  direction  of  the  governor  and  council,  to 
borrow  upon  the  credit  of  the  state  not  exceeding  the  sum 
of  one  million,  three  hundred  fifty-three  thousand  and  forty 
dollars  ($1,353,040.00) ;  to  provide  funds  for  the  appropriations 
made  by  section  2  hereof  not  exceeding  the  sum  of  three  hun- 
dred seventy-one  thousand  four  hundred  fifty  dollars;  and  to 
provide  funds  for  the  appropriations  made  by  section  3  hereof 
the  sum  of  not  exceeding  two  hundred  fifty-five  thousand 
dollars  and  for  said  purposes  may  issue  bonds  and  notes  in 
the  name  and  on  behalf  of  the  state  of  New  Hampshire.  The 
governor  and  council  shall  determine  the  form  of  such  bonds 
or  notes,  their  rate  of  interest,  the  dates  when  interest  shall 
be  paid,  the  dates  of  maturities,  the  places  where  principal  and 
interest  shall  be  paid  and  the  time  or  times  of  issue.  Such 
bonds  or  notes  shall  be  signed  by  the  treasurer  and  counter- 
signed by  the  governor  and  shall  be  deemed  a  pledge  of  the 
faith  and  credit  of  the  state. 

7.  Payinents.  The  payment  of  principal  and  interest  on 
bonds  and  notes  issued  for  the  projects  in  sections  1  and  3 
shall  be  made  when  due  from  the  general  funds  of  the  state. 
The  payment  of  principal  and  interest  on  bonds  and  notes 
issued  for  the  projects  in  section  2  shall  be  a  charge  upon  the 
state  recreational  fund  established  under  section  19-a,  chapter 
234,  Revised  Laws. 

8.  Proceeds  from  sale.  The  proceeds  of  the  sale  of  said 
bonds  or  notes  authorized  by  section  6  shall  be  held  by  the 
treasurer  and  paid  out  by  him  upon  warrants  drawn  by  the 
governor  for  the  purposes  of  sections  1,  2  and  3  alone.  The 
governor,  with  the  advice  and  consent  of  the  council,  shall 
draw  his  warrants  for  the  payments  from  the  funds  provided 


1955]  Chapter  337  573 

for  herein  of  all  funds  expended  or  due  for  the  purposes  herein 
authorized. 

9.  Continuation  of  Reimbursements  on  Account  of  Timber 

Tax.  For  the  purpose  of  providing  additional  funds  for  the 
reimbursement  for  losses  in  tax  revenue  sustained  by  the  ex- 
emption of  growing  wood  and  timber  from  taxation  under  the 
provisions  of  chapter  79-A  of  the  Revised  Laws  as  inserted 
by  chapter  295  of  the  Laws  of  1949  and  as  amended  by  sec- 
tion 6,  chapter  12  of  the  Laws  of  1951,  there  is  hereby  appro- 
priated, in  addition  to  any  sums  previously  appropriated  for 
the  purpose  the  additional  sum  of  three  hundred  fifty  thousand 
dollars.  The  funds  hereby  appropriated  shall  be  available  for 
distribution  for  tax  losses  incurred  during  the  tax  years  1954 
and  1955  and  shall  be  deposited  in  the  reimbursement  fund 
established  under  said  chapter  79-A. 

10.  Bonds  Authorized.  To  provide  funds  for  the  appro- 
priation provided  by  section  9  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  to  exceed  three 
hundred  fifty  thousand  dollars  and  for  that  purpose  may  issue 
bonds  or  notes  in  the  name  and  on  behalf  of  the  state.  The 
governor  and  council  shall  determine  the  form  of  such  bonds  or 
notes,  the  rate  of  interest,  the  dates  when  interest  shall  be  paid, 

.  the  dates  of  maturity,  the  places  where  principal  and  interest 
shall  be  paid,  and  the  time  or  times  of  issue.  Such  bonds  shall 
be  signed  by  the  treasurer  and  countersigned  by  the  governor. 
The  treasurer  may  negotiate  and  sell  such  bonds  or  notes 
under  the  direction  of  the  governor  and  council  in  such  manner 
as  they  may  deem  to  be  most  advantageous  to  the  state.  Out 
of  the  proceeds  of  the  sale  of  said  bonds  or  notes  the  governor 
is  authorized  to  draw  his  warrant  for  the  sum  appropriated  by 
section  9  for  the  purpose  of  section  9  only. 

11.  Timber  Tax  Reimbursement.  Amend  chapter  242  of 
the  Laws  of  1953  (section  14,  chapter  79,  RSA)  by  striking 
out  sections  1  and  2  thereof  and  inserting  in  place  thereof  the 
following :  1.  Reimbursement  Fund  Created.  There  is  here- 
by appropriated  the  sum  of  $350,000,  to  be  raised  in  the  manner 
hereinafter  provided,  which  sum  shall  be  a  reimbursement 
fund  for  the  reimbursement  for  losses  in  tax  revenue  sustained 
by  the  exemption  of  growing  wood  and  timber  from  taxation 


574  Chapter  337  [1955 

under  the  provisions  of  chapter  79-A  of  the  Revised  Laws  as 
inserted  by  chapter  295  of  the  Laws  of  1949  and  as  amended 
by  section  6,  chapter  12  of  the  Laws  of  1951.  Any  balance  left 
in  said  reimbursement  fund  shall  not  lapse  but  shall  be  carried 
forward  to  be  used  for  the  purpose  originally  established.  To 
provide  funds  for  the  appropriation  provided  herein  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  to  exceed  three  hundred  fifty  thousand  dollars  and 
for  that  purpose  may  issue  bonds  or  notes  in  the  name  and 
on  behalf  of  the  state.  The  governor  and  council  shall  deter- 
mine the  form  of  such  bonds  or  notes,  the  rate  of  interest,  the 
dates  when  interest  shall  be  paid,  the  dates  of  maturity,  the 
places  where  principal  and  interest  shall  be  paid,  and  the  time 
or  times  of  issue.  Such  bonds  shall  be  signed  by  the  treasurer 
and  countersigned  by  the  governor.  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  warrant  for  the  sum  hereinbefore  appropriated  for  the 
purpose  of  this  act  only. 

12.  Accounts.  The  secretary  of  state  shall  keep  an  account 
of  all  bonds  or  notes  authorized  hereunder  countersigned  by 
the  governor,  showing  the  number  and  amount  of  each  bond 
or  note,  the  time  of  countersigning,  the  date  of  delivery  to  the 
treasurer  and  the  date  of  maturity.  The  state  treasurer  shall 
keep  an  account  of  each  bond  or  note  showing  the  number 
thereof,  the  name  of  the  person  to  whom  sold,  the  amount 
received  for  the  same,  the  date  of  the  sale  and  the  date  of 
maturity. 

13.  Short  Term  Notes.  Prior  to  the  issuance  of  the  bonds 
or  notes  hereunder,  the  treasurer,  under  the  direction  of  the 
governor  and  council,  may  for  the  purpose  hereof  borrow 
money  from  time  to  time  on  short  term  loans,  which  may  be 
refunded  by  the  issuance  of  the  bonds  or  notes  hereunder.  Pro- 
vided, however,  that  at  no  one  time  shall  the  indebtedness  of 
the  state  on  short  term  loans  exceed  the  following  sums:  (1) 
Not  exceeding  the  sum  of  one  million  three  hundred  fifty-three 
thousand  and  forty  dollars;  for  borrowing  to  provide  funds  for 


1955]  Chapter  337  575 

the  purposes  of  section  1 ;  (2)  not  exceeding  the  sum  of  three 
hundred  seventy-one  thousand  four  hundred  fifty  dollars  for 
borrowing  to  provide  funds  for  the  purposes  of  section  2;  (3) 
not  exceeding  the  sum  of  two  hundred  and  fifty-five  thousand 
dollars  for  borrowing  to  provide  funds  for  the  purposes  of 
section  3;  (4)  not  exceeding  the  sum  of  three  hundred  fifty 
thousand  dollars  for  borrowing  for  purposes  of  section  9  and 
(5)  not  exceeding  the  sum  of  three  hundred  fifty  thousand 
dollars  for  borrowing  for  the  purposes  of  section  11. 

14.  Sale  of  Bonds  or  Notes.  All  bonds  or  notes  except 
short  term  loans  issued  under  the  provisions  of  this  act  shall 
be  sold  at  public  sealed  bidding  to  the  highest  bidder  provided, 
however,  that  the  governor  and  council  may  reject  any  or  all 
bids  and  may  negotiate  for  said  sale  upon  terms  which  it  may 
deem  most  advantageous  to  the  state. 

15.  Public  Works.  The  department  of  public  works  and 
highways  shall  keep  an  accurate  breakdown  of  all  department 
charges,  including  consultative  conferences,  on  all  projects  pro- 
vided for  by  this  act. 

16.  Requests  for  Appropriations.  Amend  section  4  of  chap- 
ter 23  of  the  Revised  Laws  (section  4,  chapter  9,  RSA)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  4.  Requests  for  Appropriations.  On  or  before 
October  first  next  prior  to  each  biennial  legislative  session,  all 
departments  of  the  state  shall  transmit  to  the  comptroller,  on 
blanks  to  be  furnished  by  him,  estimates  of  their  expenditure 
requirements  for  each  fiscal  year  of  the  ensuing  biennium, 
classified  so  as  to  distinguish  between  expenditures  estimated 
for  (a)  administration,  operation,  and  maintenance,  and  (b) 
the  cost  of  each  project  involving  the  purchase  of  land  or  the 
making  of  a  public  improvement  or  capital  outlay  of  a  per- 
manent character.  Requests  for  capital  appropriations  as  speci- 
fied in  (b)  above  shall  be  accompanied  by  the  following  data: 
(1)  Preliminary  drawings  and  estimates  prepared  by  a  qualified 
architect  or  engineer;  (2)  the  approval  of  such  preliminary 
drawings  by  the  department  of  public  works  and  highways  and 
of  the  governor  and  council;  (3)  cost  of  preliminary  planning; 
(4)  estimates  of  capital  cost  including  land,  if  any;  (5)  esti- 
mates of  furnishings  and  equipment,  if  any;  (6)  allowances 
for  contingencies ;  (7)  consultant's  fees  and  (8)  fees  to  depart- 


576  Chapter  338  [1955 

ment  of  public  works  and  highways  including  consultation 
fees  and  clerk  of  works.  When  a  department  shall  present 
requests  for  more  than  one  capital  appropriation  there  shall 
also  be  submitted  a  preference  schedule  and  a  time  schedule 
to  show  when  projects  should  be  constructed.  The  information 
contained  in  the  requests  for  capital  appropriations  shall  be 
reproduced  and  submitted  to  the  appropriations  and  finance 
committees  of  the  legislature  for  their  information  when  the 
budgets  are  submitted. 

17.     Takes   Effect.    This   act   shall    take   effect   upon   its 
passage. 
[Approved  August  5,  1955.] 


CHAPTER  338. 

an  act  making  appropriations  for  the  expenses  of  certain 

departments  of  the  state  for  the  year  ending 

June  30,  1956. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Genei'al  Court  convened: 

1.  Appropriations.  The  sums  hereinafter  mentioned  are 
appropriated  to  be  paid  out  of  the  treasury  of  the  state  for  the 
purposes  specified  for  the  departments  herein  named,  for  the 
fiscal  year  ending  June  30, 1956,  to  wit :  A  continuing  appropria- 
tion which  shall  not  lapse,  shall  not  be  transferred  to  any 
department,  institution  or  account,  and  which  shall  be  for  the 
expenses  of  the  legislature,  including  $28,950.00  for  the  office 
of  legislative  assistant  to  the  appropriations  and  finance  com- 
mittees, as  provided  by  sections  33-37,  chapter  9  of  the  Revised 
Laws,  as  inserted  by  chapter  10,  Laws  of  1953  (sections  30-34, 
chapter  14,  RSA),  and  $9,750.00  for  the  office  of  research 
analyst  to  the  legislative  council. 

(Salary  of  legislative  budget  assistant  $8,500.00,  other  personal 
services  $18,700.00,  current  expenses  $850.00,  travel  $800.00, 
equipment  $100.00). 


1955]                              Chapter  338  577 

(Salary  of  research  analyst  $5,250.00,  secretary  to  analyst 

$3,120.00,  other  expenses  $1,380.00)  $275,000.00 

Council  of  state  governments  2,500.00 

'''Legislative  council  2,500.00 


Total  for  legislative  branch  $280,000.00 

*  The  funds  in  this  appropriation  shall  not  lapse  but  shall  be  avail- 
able for  expenditure  in  the  following  year. 

For  executive  branch: 
Office  of  governor 

Salary  of  governor  $12,000.00 

Other  personal  services  20,700.00* 

Current  expenses  3,850.00 

Travel  600.00 

Equipment  300.00 


Total  $37,450.00 

Contingent  fund  7,500.00 

Special  citations  to  state  employees  300.00 

Governor's  special  fund  13,500.00** 
Rent,  light,  heat  for  governor's 

Concord  home  2,000.00 

Marine  memorial  10,000.00t 


Total  for  governor's  office  $70,750.00 

Emergency  fund  75,000.00 

Governor's  council: 
Per  diem  $8,400.00 

*  Salaries  paid  out  of  this  appropriation  shall  be  at  levels  set  by 
the  governor. 

**  The  funds  appropriated  under  this  item  to  be  spent  by  the  gov- 
ernor in  his  own  and  sole  discretion  for  state  purposes,  including  but  not 
limited  to  participation  in  the  activities  of  the  United  States  Governors' 
Conference,  the  New  England  Conference  of  Governors,  and  the  council 
of  state  governments,  for  which  monies  are  not  otherwise  appropriated. 

t  This  appropriation  shall  be  a  continuing  appropriation  and  shall 
not  lapse.  The  funds  herein  shall  be  expended  by  the  New  Hampshire 
marine  memorial  commission  with  the  approval  of  the  governor  and 
council,  provided  that  no  expenditures  shall  be  made  therefrom  unless 
and  until  said  commission  shall  have  raised  from  private  sources  the  sum 
of  at  least  $15,000.00, 


578 


Chapter  338 


[1955 


Current  expenses 
Travel 

Total  for  governor's  council 
Total  for  executive  branch 

For  judicial  branch: 
For  supreme  court : 
Salaries  of  justices 
Salary  of  clerk-reporter 
Other  personal  services 
Current  expenses 
Travel 
Equipment 
N.  H.  supreme  court  reports 

Total 

Less  estimated  revenue 

Net  appropriation 

For  superior  court : 
Salaries  of  judges 
Current  expenses 
Travel 

Total 
For  referees  and  masters : 

Salary  of  referee 
For  judicial  council 

For  probate  court: 
Salaries  of  judges 
Salaries  of  registers 
Salaries  of  deputies 

Total 

Total  judicial  branch 


300.00 
1,700.00 


10,400.00 
$156,150.00 


$60,305.00 
7,265.00 
5,380.00 
3,850.00 
1,600.00 
415.00 
5,500.00^ 

$84,315.00 
680.00 


$84,105.00 
4,280.00 
9,000.00 


$83,635.00 


$29,400.00 
25,440.00 
23,590.00 


97,385.00 

3,800.00 
*4,200.00 


78,430.00 
$267,450.00 


*  The  funds  in  these  appropriations  shall  not  lapse,  but  shall  be 
available  for  expenditure  in  the  following  fiscal  year. 


1955] 


Chapter  338 


579 


For  adjutant  general's  department: 
Central  administrative  office : 

Salary  of  adjutant  general  $8,285.06 

Other  personal  services  22,382.50 

Current  expenses  3,800.00 

Equipment  490.00 

Other  expenditures : 

State  flags  180.00 


Total 

$35,137.56 

National  guard : 

Personal  services 

$25,571.00 

Current  expenses 

20,000.00 

Travel 

1,300.00 

Equipment 

1,400.00 

Other  expenditures : 

Social  security 

350.00 

Total 

48,621.00 

Armories : 

Personal  services 

$65,822.50 

Current  expenses 

82,000.00 

Equipment 

736.80 

Total 

148,559.30 

National  guard  rifle  and  pistol  range: 

Personal  services 

$2,070.00 

Current  expenses 

1,100.00 

Total 

Officers'  uniform  allowance: 
Current  expenses 

State  military  reservation.  Concord : 
Current  expenses 

State  military  reservation,  Concord : 
Photostatic  division: 
Personal  services 


3,170.00 


8,750.00 


18,750.00 


$2,830.00 


580  Chapter  338  [1955 

Current  expenses  475.00 

Equipment  50.00 


Total  3,355.00 

State  military  reservation,  Grenier 
Air  force  base,  Manchester : 


Personal  services 
Current  expenses 
T-ravel 

$9,910.00 

15,900.00 

200.00 

Total 

State  military  reservation.  Fort 

William  and  Mary,  New  Castle : 

Current  expenses 
Drill  expenses : 

Travel 

^ 

26,010.00 

700.00 
700.00 

Total  for  adjutant  general's 

department 
Less  estimated  revenue 

?293,752.86 

38,850.00 

Net  appropriation  $254,902.86 


For  administration  and  control : 

Division  of  budget  and  control : 

Salary  of  comptroller 

$9,810.00 

Salary  of  business  supervisor 

6,890.00 

Salary  of  farm  supervisor 

5,810.10 

Salary  of  assistant  business 

supervisor 

6,000.00 

Other  personal  services 

5,989.96 

Current  expenses 

1,425.00 

Travel 

1,000.00 

Other  expenditures: 

Atlantic  marine  fisheries 

900.00 

Firemen's  relief 

4,000.00 

League  of  N.  H.  arts  and  crafts 

8,000.00 

State  house  annex  sinking  fund 

26,000.00 

Total 

$75,825.06 

1955] 


Chapter  338 


581 


Division  of  accounts : 
Salary  of  director 
Other  personal  services 
Current  expenses 
Travel 
Equipment 

Total 

Division  of  investigation  of 
accounts : 

Personal  services 
Travel 

Total 

Division  of  buildings  and  grounds : 
Personal  services 
Current  expenses 
Equipment 


Mailing  division: 
Personal  services 
Current  expenses 
Equipment 

Total 

Division  of  personnel  : 
State  funds : 

Salary  of  director 
Other  personal  services 
Current  expenses 
Travel 
Equipment 

Total 

Federal  funds :  (merit  system) 
Deputy  director  of  personnel 
Other  personal  services 


$6,890.00 

42,152.67 

15,100.00 

200.00 

500.00 


$16,240.00 
5,600.00 


$130,178.58 

70,000.00 

2,300.00 

$202,478.58 

$9,395.00 
595.00 
287.00 


64,842.67 


$7,420.00 

34,126.90 

2,370.00 

1,000.00 

125.00 


$6,395.00 
240.00 


21,840.00 


212,755.58 


45,041.90 


582  Chapter  338  [1955 

Other  expenditures : 

Retirement  409.18 

Total 

Less  federal  revenue 

Net  appropriation  0.00 

Division  of  purchase  and  property 
Salary  of  director 
Other  personal  services 
Current  expenses 
Travel 
Equipment 

Total  45,632.65 

Printing  layout: 
Personal  services 
Less  refunds 

Net  appropriation  0.00 

Surplus  food  and  commodities 
distribution : 
Salary  of  director  $5,000.00 

Salary  of  supervisor  of  surplus 

food  and  commodities  4,558.20 

Other  personal  services  4,940.00 

Current  expenses  24,235.00 

Travel  2,500.00 

Other  expenditures: 
Employees  retirement  940.93 

Total  $42,174.13$ 

Less  estimated  revenue  and 

balance  42,174.13$ 


$7,044.18 
7,044.18 

$7,810.00 

33,847.65 

3,100.00 

300.00 

575.00 

$3,030.00 
3,030.00 

Net  appropriation  0.00 


Total  for  administration  and  control  $465,937.86 

t  Authority  is  hereby  given  to  utilize  so  much  as  may  be  necessary 
of  the  balance  accumulated  as  of  June  30,  1955  or  any  surplus  accumu- 
lating during  the  fiscal  year  1956  within  this  subdivision,  to  efficiently 
operate  this  division  without  the  use  of  any  other  state  funds. 


1955]  Chapter  338  583 

For  department  of  agriculture : 
Office  of  commissioner : 

Salary  of  commissioner  $7,950.00 

Other  personal  services  29,048.57 

Current  expenses  3,500.00 

Travel  5,000.00 

Equipment  1,800.00 

Other  expenditures: 

Feed,  seed  and  fertilizer 

services  15,240.00 


Total  $62,538.57 

Division  of  markets  and  standards : 
Bureau  of  markets : 

Personal  services  $26,661.90 

Current  expenses  13,192.00 

Travel  4,200.00 

Equipment  447.50 

Other  expenditures: 

Cooperative  grant  to  New  Eng- 
land crop  reporting  service  800.00 


Total  45,301.40 

Bureau  of  weights  and  measures: 

Personal  services  $21,460.50 

Current  expenses  3,200.00 

Travel  4,000.00 

Equipment  3,500.00 


Total  $32,160.50 

Less  estimated  revenue  17,000.00 


Net  appropriation  15,160.50 

Division  of  animal  industry : 

Salary  of  state  veterinarian  $7,980.00 

Other  personal  services  36,454.43 

Current  expenses  6,200.00 

Travel  6,200.00 

Equipment                                    '  4,800.00 


584                                  Chapter  338  [1955 

Other  expenditures: 

Tubercular  testing  35,000.00 

Other  veterinarian  service  800.00 

Radio  transcriptions  25.00 
Fees  to  town  clerks  for  checking 

mortgages  25.00 
Indemnities  for  condemned 

animals  15,000.00 

Brucellosis  and  vibrosis  testing  60,000.00 

Testing  for  mastitis  control  2,500.00 

174,984.43 


Total 

Insect  and  plant  disease  control : 

Personal  services 

$23,240.00 

Current  expenses 

1,325.00 

Travel 

5,800.00 

Equipment 

215.00 

Total 

Milk  control : 

Personal  services 

$11,318.17 

Current  expenses 

2,680.00 

Travel 

1,600.00 

Equipment 

1,287.50 

Total 

$16,885.67 

Less  estimated  revenue 

16,885.67 

30,580.00 


Net  appropriation  0.00 

Economic  poisons  law: 

Current  expenses  $300.00 

Travel  1,197.50 

Equipment  459.00 

Other  expenditures: 
Temporary  and  professional 
services  1,043.50 


Total  $3,000.00 

Less  estimated  revenue  3,000.00 


Net  appropriation  0.00 


1955]  Chapter  338  585 

Board  of  veterinary  examiners  425.00 

Tests  for  germination  and  purity  of 


agricultural  seeds 

Less  revenue  and  balance 

$200.00 
200.00 

Net  appropriation 

Vesicular  exanthema 

Less  revenue  and  balance 

$250.00 
250.00 

0.00 

Net  appropriation 

Licensing  of  live  poultry  dealers 
Less  revenue  and  balance 

$540.00 
540.00 

0.00 

Net  appropriation 

Licensing  of  livestock  dealers 
Less  revenue  and  balance 

$10.00 
10.00 

0.00 

Net  appropriation 

Grants :  f 

State  soil  conservation  committee 
Eastern  states  exhibit 

0.00 

$100.00 

2,000.00 

t  The  provisions  of  section  8,  chapter  231  of  the  Revised  Laws  (sec- 
tion 5,  chapter  241,  RSA)  are  suspended  for  the  fiscal  year  ending  June 
30,  1956. 

Total  for  department  of  agriculture  $331,089.90 


For  attorney  general : 

Office  of  attorney  general : 

Salary  of  attorney  general  $9,540.00 

Salary  of  deputy  attorney  general  8,480.00 
Salaries  of  3  assistant  attorneys 

general  22,260.00 

Other  personal  services  24,240.23 

Current  expenses  3,000.00 

Travel  3,400.00 

Equipment  1,200.00 


586  Chapter  338  [1955 

Other  expenditures : 
Commission  on  uniform  state  laws        700.00 
Conference  of  national  association 

of  attorneys  general  5,000.00* 


Total 

$77,820.23 

Division  of  charitable  trusts : 

Salary  of  director 

$3,760.00 

Other  personal  services 

4,420.00 

Current  expenses 

200.00 

Travel 

150.00 

Equipment 

200.00 

Total  8,730.00 


Total  for  attorney  general  $86,550.23 

Less  estimated  revenue  -  3,000.00 


Net  appropriation  $83,550.23 

*  No  part  of  this  appropriation  shall  be  transferred  to  any  other 
account. 


For  forestry  division  (forestry  and  recreation)  : 
Administration : 

Salary  of  state  forester  $7,420.00 

Other  personal  services  25,648.72 

Current  expenses  4,775.00 

Travel  1,375.00 

Equipment  200.00 


Total  '  $39,418.72 

Less  refunds  (maintenance)  234.60 


Net  appropriation  $39,184.12 

District  fire  supervision : 

Personal  services  $67,002.44 

Current  expenses  16,295.00 

Travel  11,050.00 


1955]  Chapter  338  587 

Equipment  18,500.00 


Total 

$112,847.44 

Less  estimated  revenue  and 

balance 

63,173.00*** 

Net  appropriation 

49,674.44 

Lookout  stations : 

Personal  services 

57,291.27 

Wardens  training  conference 

Current  expenses 

$2,000.00 

Other  expenditures : 

State's  share  of  town  warden 

training 

3,500.00 

Total  5,500.00 

Prevention  of  fires : 

Personal  services  $6,246.68 

Current  expenses  730.00 

Equipment  5,000.00 

Other  expenditures: 

State's  share  of  prevention 
bills  with  towns  1,200.00 


Total  13,176.68 

White  pine  blister  rust  control : 

Personal  services  $15,570.00 

Current  expenses  1,385.00 

16,955.00 


Total 

Northeastern  forest  fire  compact : 

Current  expenses 
Travel 

$592.50 
100.00 

Total  692.50 


588  Chapter  338  [1955 

Nursery  : 

Personal  services  $20,661.92 

Current  expenses  9,442.00 

Equipment  3,700.00 


Total  $33,803.92 
Less  estimated  revenue  and 

balance  11,116.75*** 

Less  refunds  (maintenance)  152.79 


Net  appropriation  22,534.38 

***  If  the  federal  grant  exceeds  the  above  estimate,  such  excess 
may  be  expended  with  the  approval  of  the  governor  and  council  for  said 
purposes. 


Reforestation : 
Personal  services 
Current  expenses 
Travel 

$2,967.42 
130.00 
675.00 

Total 

Less  refunds  (maintenance) 

$3,772.42 
125.01 

Net  appropriation  3,647.41 

Cooperative  forest  management: 

Personal  services  $12,036.00 

Current  expenses  400.00 

Travel  3,800.00 

Equipment  50.00 


Total  16,286.00 

Forest  improvement  fund: 

Administration : 

Personal  services  $20,440.61 

Current  expenses  2,005.00 

Travel  3,000.00 

Equipment  1,400.00 

State  forest  operations : 
Personal  services  25,000.00** 

**  Includes  $5,000.00  for  silviculture. 


1955]  Chapter  338  589 

Land  purchase: 

Other  expenditures : 
State  Land  purchase  5,000.00* 

Reimbursement  of  state  treasury       6,000.00t 


Total  $62,845.61 

Less  refunds  (maintenance)  114.00 

Less  revenue  and  balance  62,731.61 


Net  appropriation  0.00 

*  No  part  of  this  appropriation  shall  be  used  to  purchase  land  that 
will  increase  by  more  than  five  per  cent  the  total  acreage  of  land  held  by 
the  forestry  division  at  the  time  this  act  becomes  effective. 

t  This  item  to  be  used  for  reimbursement  to  state  treasury  on  ac- 
count of  moneys  paid  to  towns  under  the  provisions  of  section  30,  chapter 
234,  Revised  Laws  (section  ,32,  chapter  219,  RSA),  for  loss  of  taxes  on 
real  estate  owned  by  the  state  and  held  by  the  forestry  division  for  opera- 
tion and  development  as  state  forest  land. 

Caroline  A.  Fox  Research  Fund : 

Personal  services  $6,243.50 

Current  expenses  2,785.00 

Travel  800.00 

Equipment  1,100.00 


Total  $10,928.50 

Less  refunds  (maintenance)  398.40 

Less  revenue  and  balance  10,530.10 


Net  appropriation  0.00 


Total  for  forestry  $224,941.80 


For  department  of  health : 
Administration:  state 

Salary  of  state  health  officer  $9,930.00 

Other  personal  services  23,963.90** 

Current  expenses  17,000.00 
Travel  600.00 


Total  $51,493.90 

Less  credit  transfer  3,810.00 


Net  appropriation  $47,683.90 

**   Of  this  amount  $900.00  shall  be  for  the  part-time  services  of  a 
Clerk  I  for  the  cancer  commission. 


590 


Chapter  338 


[1955 


Administration :  federal 
Personal  services 
Current  expenses 
Travel 

*Total 

*Less  estimated  revenue 

Net  appropriation 

Business  management :  state 
Personal  services 
Current  expenses 

Total 

Business  management:  federal 
Personal  services 
Current  expenses 
Travel 
Equipment 

*Total 

*Less  estimated  revenue 

Net  appropriation 

Health  education :  state 
Personal  services 
Current  expenses 

Total 

Health  education :  federal 
Personal  services 
Current  expenses 
Travel 
Equipment 

*Total 

*Less  estimated  revenue 


$15,067.60 
7,400.00 
2,100.00 

$24,567.60 
24,567.60 


$15,824.40 
600.00 


$5,532.50 

1,200.00 

500.00 

460.00 

$7,692.50 
7,692.50 


$8,940.00 
1,630.00 


$5,257.60 

3,850.00 

1,475.40 

409.50 

$10,992.50 
10,992.50 


0.00 


16,424.40 


0.00 


10,570.00 


Net  appropriation 


0.00 


1955]  Chapter  338  591 

Hospital  services :  state 

Personal  services  $15,847.30 

Current  expenses  500.00 

Travel  2,600.00 


Total  $18,947.30 

Less  estimated  revenue  2,000.00 


Net  appropriation  16,947.30 

Hospital  services:  federal 

Personal  services  $3,642.50$ 

Current  expenses  340.00 

Travel  1,000.00 


*Total  $4,982.50 

*Less  estimated  revenue  4,982.50 


Net  appropriation  0.00 

t  In  case  federal  funds  are  not  available  in  the  amount  estimated 
the  department  is  authorized  to  transfer  from  state  funds  for  personal 
services  in  other  divisions  to  this  account. 

Vital  statistics :  state 

Personal  services  $25,159.00 

Current  expenses  500.00 


Total  t25,659.00 

t  Any  revenue  received  in  addition  to  this  appropriation  shall  be 
available  for  expenditure. 


ital  statistics :  federal 

Personal  services 

$2,215.00 

Current  expenses 

2,750.00 

Travel 

500.00 

Equipment 

500.00 

*Total 

$5,965.00 

*Less  estimated 

revenue 

5,965.00 

Net  appropriation  0.00 


592  Chapter  338  [1955 

Public  health  nursing :  state 

Personal  services  $57,979.50 

Current  expenses  500.00 

Travel  3,000.00 


Total  61,479.50 

Public  health  nursing :  federal 

Personal  services  $23,660.00 

Current  expenses  2,689.70 

Travel  9,589.70 

Equipment  357.50 


*Total  $36,296.90 

*Less  estimated  revenue  36,296.90 


Net  appropriation  0.00 

Communicable  disease  control :  state 

Personal  services  $36,006.50 

Current  expenses  97,750.00 

Travel  1,500.00 


Total 

135,256.50 

Communicable  disease  control : 

federal 

Personal  services 

$4,300.00 

Current  expenses 

6,695.00 

Travel 

1,650.00 

Equipment 

400.00 

*Total 

$13,045.00 

*Less  estimated  revenue 

13,045.00 

Net  appropriation  0.00 

Dental  services:  state 

Personal  services  $22,017.80 
Current  expenses  400.00 

Travel  200.00 

Equipment  200.00 


Total  $22,817.80 


1955]  Chapter  338  593 

Less  revenue  grants  2,480.0Ot 

Net  appropriation  20,337.80 

t  Any  revenue  received  in  excess  of  the  estimate  shall  be  available 
for  further  expenditure. 

Dental  services :  federal 

Personal  services  $5,738.00 

Current  expenses  3,900.00 

Travel  2,000.00 


*Total  $11,638.00 

*Less  estimated  revenue  11,638.00 


Net  appropriation  0.00 

Maternal  and  child  health  and 

crippled  children's  services:  state 

Personal  services  $21,099.00 

Current  expenses  35,000.00 

Travel  400.00 

Other  expenditures: 

Convalescent  care  and  clinics  60,000.00** 


Total  116,499.00 

**  The  division  of  investigation  of  accounts  shall  investigate  the 
ability  to  pay  of  patients  and  those  legally  chargeable  for  their  support 
and  maintenance  for  care,  treatment  or  maintenance  furnished  here- 
under and  the  expenses  of  said  care,  treatment  or  maintenance  may  be 
recovered  in  an  action  in  the  name  of  the  state  from  the  patient  or  those 
persons  chargeable  with  his  support  where  said  person  or  persons  have  a 
weekly  income  or  other  resources  more  than  sufficient  to  provide  a  rea- 
sonable subsistence  compatible  with  decency  and  health. 

Maternal  and  child  health  and 

crippled  children's  services :  federal 
Personal  services  $17,437.50 

Current  expenses  56,317.50 

Travel  2,000.00 

Other  expenditures : 

Convalescent  care  and  clinics  40,000.00t 


(see  note  at  the   end   of  the 

appropriation  for  department 

of  health) 
*Total  $115,755.00 


594  Chapter  338  [1955 

*Less  estimated  revenue  115,755.00 

0.00 


Net  appropriation 

Occupational  health: 

state 

Personal  services 

$23,768.90 

Current  expenses 

500.00 

Travel 

500.00 

Equipment 

370.00 

Total  25,138.90 

Occupational  health:  federal 

Personal  services  $3,430.00 

Current  expenses  2,500.00 

Travel  3,200.00 


*Total  $9,130.00 

*Less  estimated  revenue  9,130.00 


Net  appropriation  0.00 

Diagnostic  laboratories:  state 

Personal  services  $44,736.10 

Current  expenses  3,000.00 

Travel  300.00 

Equipment  720.50 


Total  48,756.60 

Diagnostic  laboratories:  federal 

Personal  services  $2,950.00 

Current  expenses  5,000.00 

Equipment  1,130.00 


*Total  $9,080.00 

*Less  estimated  revenue  9,080.00 


Net  appropriation  0.00 


1955]  Chapter  338  595 

Food  and  chemistry :  state 

Personal  services  $56,453.70 

Current  expenses  3,400.00 

Travel  10,500.00 

Equipment  500.00 


Total  $70,853.70 

Less  transfer  from  motor 
vehicle  department  4,000.00 


Net  appropriation  66,853.70 

Sanitary  engineering:  state 

Personal  services  $48,112.75 

Current  expenses  3,300.00 

Travel  6,100.00 


Total  57,512.75 

Sanitary  engineering:  federal 
♦Equipment  $545.00 

*Less  estimated  revenue  545.00 


0.00 


Net  appropriation 

Commission  on  alcoholism: 

Personal  services 

$32,259.20 

Current  expenses 

45,000.00 

Travel 

1,500.00 

Equipment 

700.00 

Other  expenditures : 

Medical  and  other  expenses 

2,000.00 

Total 

$81,459.20 

Less  estimated  revenue 

6,800.00 

Net  appropriation  74,659.20 

Merit  system :  federal 
Other  expenditures: 
♦Participation,  examinations  and 

training  $3,420.00 


596  Chapter  838  [1955 

*Less  estimated  revenue  3,420.00 


Net  appropriation  0.00 

t  This  item  may  only  be  expended  if  federal  funds  are  available 
restricted  to  this  purpose,  or  if  the  total  received  from  federal  funds  for 
this  division  shall  exceed  $75,755.00  and  said  excess  is  available  for 
crippled  children's  services,  or  if  the  board  of  health  finds  federal  funds 
are  not  required  in  other  items  and  such  funds  can  be  made  available  to 
this  item  without  detriment  to  other  programs.  In  no  event  shall  the 
expenditures  under  convalescent  care  and  clinics  exceed  the  sum  of 
$40,000.00. 

*  This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant.  If  the  federal  grant  exceeds  the  above  estimate  such 
excess  may  be  expended  with  the  approval  of  the  governor  and  council 
for  said  purposes,  except  as  hereinabove  provided. 

Total  for  department  of  health : 


State  $723,778.55 

Federal  $253,110.00 

Less  estimated  revenue  253,110.00 


Net  appropriation  0.00 


For  barbers  board  • 

Personal  services  $1,400.00 

Current  expenses  765.00 

Travel  1,400.00 


Total  $3,565.00 

Less  revenue,  after  transfer  of 

$1,395.00  to  department  of 

health  3,565.00 


Net  appropriation  0.00 


For  cancer  commission : 

Personal  services  $21,930.00 

Current  expenses  99,550.00 

Travel  1,320.00 

Equipment  120.00 


Total  for  cancer  commission      $122,920.00 
Less  estimated  revenue  24,000.00 


Net  appropriation  $98,920,00 


1955]                               Chapter  338 

597 

For  board  of  chiropody : 

Personal  services 

$145.00 

Current  expenses 

45.00 

Total 

$190.00 

Less  revenue  and  balance 

190.00 

Net  appropriation 

0.00 

For  board  of  hairdressers: 

Personal  services 

$1,600.00 

Current  expenses 

780.00 

Travel 

2,000.00 

Total  $4,380.00 

Less  revenue  after  transfer  of 

$2,415.00  to  department  of 

health  4,380.00 


Net  appropriation 

0.00 

For  pharmacy  commission : 
Personal  services 
Current  expenses 
Travel 
Equipment 

$1,911.37 

575.00 

1,250.00 

400.00 

Total  for  pharmacy  commission 

$4,136.37 

For  board  of  registration  in  medicine : 
Personal  services 
Current  expenses 
Travel 

$1,100.00 

1,250.00 

500.00 

Total 

Less  estimated  revenue 

$2,850.00 
2,850.00 

Net  appropriation 

0.00 

598 


Chapter  338 


[1955 


For  insurance  department : 
Office  of  commissioner : 
Salary  of  commissioner 
Salary  of  deputy  commissioner 
Other  personal  services 
Current  expenses 
Travel 
Equipment 

Total 


$8,235.00 
7,205.00 

28,824.81 

4,925.00 

1,200.00 

650.00 


$51,039.81 


Rating  divisions : 

Personal  services 

$6,028.17 

Current  expenses 

825.00 

Travel 

400.00 

Equipment 

300.00 

Total 

7,553.17 

Real  estate  division : 

Personal  services 

$336.00 

Current  expenses 

300.00 

Travel 

50.00 

Total 

$686.00 

Less  estimated 

revenue 

ion 

3  department 

686.00 

Net  appropriati 

0.00 

Total  for  insuranc< 

$58,592.98 

For  department  of  labor : 
Office  of  commissioner : 
Salary  of  commissioner 
Other  personal  services 
Current  expenses 


$6,589.37 
7,910.00 
5,760.00 


Travel 
Total 


500.00 


$20,759.37 


155] 

Chapter 

338 

Inspections  division: 

Personal  services 
Current  expenses 
Travel 
Equipment 

$29,251.83 

2,100.00 

7,100.00 

180.00 

Total 

Workmen's  compensation 

division : 

Personal  services 
Current  expenses 
Travel 
Equipment 

$20,385.00 

2,400.00 

100.00 

2,600.00 

599 


88,631.83 


Total 
New  Hampshire  apprenticeship  council 

Total  for  department  of  labor 

For  public  welfare : 
Administration : 

Board  of  public  welfare  $3,000.00 
Salary  of  commissioner  9,600.00 

Other  personal  services  150,962.19** 

Current  expenses  27,500.00 
Travel  6,000.00 

Equipment  1,200.00 

Other  expenditures: 

Personnel  division  (merit  system)     2,254.14 

Employees  retirement  39,500.00 
Aid  to  disabled  persons — 

physicians'  fees  250.00 


25,485.00 
100.00 

$84,976.20 


Total 

Less  estimated  revenue 

Net  appropriation 


$240,266.33 
4,500.00 


$235,766.33 


**   This  amount  includes   $3,000.00   to  be   paid  to   department  of 
attorney  general  for  legal  services. 


600 


Chapter  338 


[1955 


State  service : 
Personal  services 
Current  expenses 
Travel 
Equipment 


Total 
Child  welfare  services : 


$14,618.38 

100.00 

1,000.00 

125.00 


Total 

15,843.38 

Field  services : 

Personal  services 

$350,000.00 

Current  expenses 

39,988.00 

Travel 

30,675.00 

Equipment 

2,500.00 

Total 

423,163.00 

Blind  services: 

Personal  services 

$15,466.00 

Current  expenses 

900.00 

Travel 

2,750.00 

Equipment 

75.00 

Other  expenditures: 

Blind  education 

28,900.00 

Sight  conservation 

17,500.00 

65,591.00 


Personal  services 

$49,711.84 

Travel 

10,000.00 

Other  expenditures : 

Educational  leave 

1,200.00 

Conferences  and  institutes 

697.00 

*Total 

$61,608.84 

*Less  estimated  revenue 

(federal  grant) 

48,327.00 

Net  appropriation 

Vocational  rehabilitation :  federal 

Personal  services 

$15,784.00 

Travel 

1,750.00 

13,281.84 


1955]  Chapter  338  601 

Other  expenditures: 

Case  services  3,616.00 

*Total  $21,150.00 

*Less  estimated  revenue  21,150.00 

Net  appropriation  0.00 

Vocational  rehabilitation:  state 

Case  services  11,200.00 

Special  children's  fund  5,000.00 

John  Nesmith  fund  3,700.00 

Old  age  assistance : 

State's  share  $746,703.25 

Less  estimated  revenue  75,000.00 

Net  appropriation  671,703.25 

Towns  and  counties  $951,643.79 

Less  estimated  revenue  951,643.79 

Net  appropriation  0.00 

*Federal  $2,108,228.14 

*Less  estimated  revenue  2,108,228.14 

Net  appropriation  0.00 

Aid  to  dependent  children: 

State's  share  $749,928.91 

Less  estimated  revenue  64,500.00 

Net  appropriation  685,428.91 

♦Federal  $802,612.68 

*Less  estimated  revenue  802,612.68 

Net  appropriation  0.00 

Aid  to  needy  blind : 

State's  share  $103,724.48 

Less  estimated  revenue  1,500.000 


Net  appropriation  102,224.48 

♦Federal  $100,300.06 

*Less  revenue  100,300.06 

Net  appropriation  0.00 


602  Chapter  338  [1955 

Aid  to  permanently  and  totally  disabled : 

State's  share  $27,818.93 

Less  estimated  revenue  1,000.00 


Net  appropriation  26,818.93 

Towns  and  counties  $64,085.05 

Less  estimated  revenue  64,085.05 


Net  appropriation  0.00 

*Federal  $91,196.16 

*Less  estimated  revenue  91,196.16 


Net  appropriation  0.00 

Old  age  assistance  to  aliens : 
Towns  and  counties  $113,055.16 

Less  estimated  revenue  118,055.16 


Net  appropriation  0.00 

♦Federal  $150,049.58 

*Less  estimated  revenue  150,049.58 


Net  appropriation  0.00 

Medical  pools  : 

Old  age  assistance: 
State's  share  419,811.60 

Towns  and  counties  $182,160.50 

Less  estimated  revenue  182,160.50 

Net  appropriation  0.00 

♦Federal  $192,361.48 

*Less  estimated  revenue  192,361.48 

Net  appropriation  0.00 

Aid  to  dependent  children: 

State's  share  170,485.20 

♦Federal  $29,614.80 

♦Less  estimated  revenue  29,614.80 

Net  appropriation  0.00 


1955]  Chapter  338  603 

Aid  to  needy  blind : 

State's  share  33,366.24 

^Federal  $6,052.16 

*Less  estimated  revenue  6,052.16 


Net  appropriation  0.00 

Aid  to  permanently  and  totally  disabled : 

State's  share  32,103.00 

Towns  and  counties  $13,383.73 

Less  estimated  revenue  13,383.73 


Net  appropriation  0,00 

^Federal  $8,871.50 

*Less  estimated  revenue  8,871.50 


Net  appropriation  0.00 

Old  age  assistance  to  aliens : 

Towns  and  counties  $48,875.90 

Less  estimated  revenue  48,875.90 


Net  appropriation  0.00 

♦Federal  $21,348.10 

*Less  estimated  revenue  21,348.10 


Net  appropriation  '  0.00 

*  This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant.  If  the  federal  grant  exceeds  the  above  estimate  such 
excess  may  be  expended  with  approval  of  the  governor  and  council  for 
said  purposes. 

For  the  period  ending  June  30,  1956,  the  share  which  a  county  or 
town  must  reimburse  the  state  for  aid  to  totally  and  permanently  disabled 
persons  for  which  such  county  or  town  is  liable  shall  be  thirty-five  per 
cent.  Provisions  of  the  law  inconsistent  with  the  provision  hereof  are 
hereby  suspended  until  June  30,  1956. 

Total  for  public  welfare  $2,915,487.16 
Less  transfer  re  administra- 
tion from  federal  grant  $209,369.39 
Less  balance  94,888.53 


304,257.92 


Net  appropriation  $2,611,229.24 


604                                  Chapter  338 

[1955 

For  veterans'  council: 

Personal  services 

$10,280.00 

Current  expenses 

735.00 

Travel 

2,800.00 

Other  expenditures  —  veterans 

burials 

5,000.00 

Total  for  veterans'  council 

creation) : 

$18,815.00 

For  recreation  division  (forestry  and  re 

Salary  of  director 

$7,810.00 

Salary  of  assistant  director 

6,280.00 

Other  personal  services 

487,206.59 

Current  expenses 

149,144.87 

Travel 

7,927.52 

Equipment 

10,547.63 

Other  expenditures : 

Employees  retirement 

$8,129.07 

Awards  and  indemnities 

2,351.38 

Prison  program 

6,516.69 

Recreational  facilities  bonds, 

issue  of  1951 

15,000.00 

Recreational  areas  bonds, 

issue  of  1954 

13,000.00 

Recreational  facilities  bonds, 

issue  of  1954 

45,000.00 

Mt.  Sunapee  Tramway  bonds 

25,000.00 

Interest  on  bonds 

16,086.25 

Total 

1 

131,083.39 

Total  for  recreation 

;800,ooo.oo 

Less  revenue  and  balance 

800,000.00 

Net  appropriation 

0.00 

In  this  appropriation  any  revenue  in  excess  of  the  estimate  shall  be 
available  for  such  further  expenditures  as  the  governor  and  council  shall 
approve. 


1955] 


Chapter  338 


605 


For  secretary  of  state : 
Office  of  secretary : 
Salary  of  secretary 
Salary  of  deputy  secretary 
Other  personal  services 
Current  expenses 
Travel 
Equipment 
Other  expenditures : 

Preservation  of  state  and  pro- 
vincial records 


$7,870.00 

6,720.00 

26,781.50 

2,300.00 

900.00 

890.00 


500.00 


Total 

$45,961.50 

Elections : 

Personal  services 

$600.00 

Current  expenses 

30,128.00 

Travel 

50.00 

Total 

30,778.00 

Photostat  division: 

Personal  services 

$3,445.00 

Current  expenses 

1,420.00 

Equipment 

83.00 

Total 

4,948.00 

Total  for  secretary  of  state 

$81,687.50 

3r  board  of  accountancy : 

Personal  services 

$250.00 

Current  expenses 

450.00 

Travel 

100.00 

Total 

$800.00 

Less  revenue  and  balance 

800.00 

Net  appropriation 

0.00 

606  Chapter  338  [1955 

For  chiropractic  examiners : 

Personal  services  $700.00 

Current  expenses  300.00 

Travel  500.00 


Total  for  chiropractic  examiners  $1,500.00 

For  board  of  optometry : 

Personal  services  $450.00 

Current  expenses  180.00 

Travel  235.00 


Total  for  board  of  optometry  $865.00 

For  state  library: 
Administration : 

Salary  of  librarian  $6,600.00 

Salary  of  assistant  librarian  5,630.00 

Other  personal  services  77,908.88 

Current  expenses  7,600.00 

Travel  600.00 

Equipment  16,300.00 

Other  expenditures  : 

Rewire  library  intercommuni- 
cating system  1,000.00 
Splitting  library  stack  lighting 

circuits  300.00 


Total 

Extension : 

Current  expenses 
Travel 
Equipment 
Other  expenditures : 
Summer  institute 

$115,938.88 

$3,500.00 
2,500.00 
9,841.00 

300.00 

Total 
State  aid  —  books  and  supplies 

16,141.00 
1,500.00 

Total  for  state  library 

$133,579.88 

1955]  Chapter  338  607 

For  state  police : 

Salary  of  superintendent  $8,175.00 

Other  personal  services  351,666.24 

Current  expenses  30,600.00 

Travel  86,500.00 

Equipment  50,000.00 
Other  expenditures: 

Retirement  19,000.00 


Total  for  state  police  $545,941.24 

Less  transfer  from  highway 
fund  464,050.05 


Net  appropriation  $81,891.19 


For  state  treasury : 
Office  of  the  treasurer : 

Salary  of  treasurer  $7,690.00 

Salary  of  deputy  5,830.00 

Other  personal  services  52,517.50 

Current  expenses  13,193.00 

Travel  300.00 

Equipment  4,500.00 

Other  expenditures  —  audit  5,000.00t 


Total  $89,030.50 

t  The  legislative  budget  assistant  shall  designate  a  certified  public 
accountant,  not  employed  in  state  service,  to  make  the  annual  audit  of 
the  state  treasury  and  said  legislative  budget  assistant  may  accept  the 
findings  and  report  of  said  certified  public  accountant  as  fulfilling  the 
provisions  of  section  12-a,  chapter  23-A  of  the  Revised  Laws,  (para- 
graph II,  section  31,  chapter  14,  RSA)  whereby  the  said  legislative  budget 
assistant  is  required  to  audit  the  accounts  of  the  state  treasurer. 

Highway  division : 

Personal  services  $9,082.50 

Current  expenses  5,380.00 

Total  $14,462.50 


608  Chapter  338  [1955 

Less  transfer  from  highway 

fund  14,462.50 


Net  appropriation 

0.00 

Bounties 

1,000.00 

Trust  funds 

37,095.27 

Expense  re  head  tax 

100.00 

Reimbursement  to  towns 

*30,000.00 

Total  for  treasury 

$157,225.77 

*  No  part  of  this  appropriation  shall  be  transferred  to  any  other 
account. 


For  industrial  school : 

Administration : 

Salary  of  superintendent 

$6,890.00 

Salary  of  deputy  superintendent 

5,355.00 

Other  personal  services 

13,100.00 

Current  expenses 

3,525.00 

Travel 

885.00 

Equipment 

370.00 

Total 

$30,125.00 

Instruction : 

Personal  services 

$27,687.50 

Current  expenses 

1,500.00 

Equipment 

310.00 

Total 

29,497.50 

Custodial  care : 

Personal  services 

$124,615.72 

Current  expenses 

50,875.00* 

Equipment 

2,000.00 

Total  177,490.72 

*  In  this  appropriation  $19,275.00  shall  be  for  products  used  from 
the  institution's  farm.  No  part  of  this  amount  shall  be  transferred  to  any 
other  appropriation  or  expended  for  any  other  purpose. 


55]                              Chapter  338 

Auxiliary  to  custodial  care : 

Personal  services 

$2,200.00 

Current  expenses 

60.00 

Travel 

150.00 

609 


Total  2,410.00 

Operation  of  plant : 

Personal  services  $10,002.96 

Current  expenses  27,490.00 

Equipment  1,730.00 


Total  39,222.96 

Maintenance  of  plant : 
Personal  services  $21,534.04 

Current  expenses  5,110.00 


Equipment  454.1 


o 


Total  27,098.17 

Agriculture : 

Personal  services  $10,919.40 

Current  expenses  15,682.50 

Equipment  589.00 


Total  $27,190.90 

Less  credit 

transfer  $19,275.00 

Less  estimated 

revenue  8,025.00 

27,300.00 

Net  reduction  — 109.10 

Boys'  and  girls'  benefit  fund : 

Current  expenses  3,800.00 

Parole : 

Personal  services  $15,795.00 

Current  expenses  300.00 

Travel  1,700.00 


610                                 Chapter  338 
Equipment 

[1955 
360.00 

Total 

18,155.00 

Total  for  industrial  school 
Less  revenue  (maintenance) 

$327,690.25 
9,500.00 

Net  appropriation 

$318,190.25 

For  Laconia  state  school : 
Administration : 

Salary  of  superintendent  $7,950.00 

Other  personal  services  29,009.72 

Current  expenses  1,815.00 

Travel  1,500.00 

Equipment  1,825.00 

Total  $42,099.72 

Professional  care  and  treatment: 

Personal  services  $309,330.88 

Current  expenses  8,900.00 

Travel  310.00 

Equipment  2,978.00* 

Total  321,518.88 

*  In  this  appropriation  $1,000.00  is  for  the  purchase  of  a  second 
hand  bus  and  no  part  of  this  amount  shall  be  expended  for  any  other 
purpose. 

Custodial  care : 

Personal  services  $100,864.22 

Current  expenses  200,000.00t 

Travel  25.00 

Equipment  6,000.00** 


Total  306,889.22 

t  In  this  appropriation  $74,000.00  shall  be  for  products  used  from 
the  institution's  farm  and  no  part  of  said  sum  shall  be  transferred  to  any 
other  appropriation  or  expended  for  any  other  purpose. 

**  In  this  appropriation  $4,000.00  shall  be  for  purchase  of  mat- 
tresses and  no  part  of  this  amount  shall  be  expended  for  any  other 
purpose. 


1955]  Chapter  338  611 

Operation  of  plant: 

Personal  services  $37,259.96 

Current  expenses  63,000.00$ 

Equipment  300.00 


Total  100,559.96 

t  In  this  appropriation  $2,000.00  shall  be  for  lumber  used  from  the 
institution's  farm.  No  part  of  this  amount  shall  be  transferred  to  any- 
other  appropriation  or  expended  for  any  other  purpose. 

Maintenance  of  plant : 
Personal  services  $19,123.88 

Current  expenses  14,065.00 

Equipment  6,240.00 

Other  expenditures: 
Care  of  grounds,  snow 
removal,  etc.  22,000.00*** 


Total  61,428.88 

***  This  appropriation  shall  be  for  supplies,  work  and  services  re- 
ceived from  the  institution's  farm.  No  part  of  this  amount  shall  be 
transferred  to  any  other  appropriation  or  expended  for  any  other  purpose. 

Agriculture : 

Personal  services  $47,174.32t 

Current  expenses  46,000.00 

Travel  25.00 

Equipment  750.00 


Total  $93,949.32 

Less  transfer 

credits  $98,000.00 

Less  revenue  9,500.00 

107,500.00 


Net  reduction  —13,550.68 


t  Under  this  division  of  the  Laconia  State  School  there  shall  at  no 
time  be  more  than  twelve  permanent  full  time  personnel.  Of  this  appro- 
priation the  sum  of  $7,500.00  may  be  expended  for  temporary  seasonal 
personnel  in  addition  to  the  full  time  personnel. 

Total  for  Laconia  state  school  $818,945.98 


2 

Less  refunds  (: 

Chapter  338 
maintenance) 
ion 

revenue 

[1955 
23,500.00 

Net  appropriat 

3r  prison  industries : 
Personal  services 
Current  expenses 
Travel 
Equipment 

$795,445.98 

$69,469.45 

144,335.00 

300.00 

2,500.00 

Total 

*Less  estimated 

$216,604.45 
216,604.45 

Net  appropriation  0.00 

*  In  the  above  appropriation  any  revenue  in  excess  of  the  estimate 
shall  be  available  for  such  further  expenditure  as  the  governor  and 
council  shall  approve. 

For  soldiers'  home : 

Office  of  the  commandant :  state 

Salary  of  commandant  $4,322,00 

Other  personal  services  3,625.10 


Total  $7,947.10 

Professional  care  and  treatment:  state 

Personal  services  17,493.39 

Custodial  care :  state 

Personal  services  16,817.50 

Operation  of  plant :  state 

Personal  services  14,053.16 

Operation  and  Maintenance  of  plant :  federal 
Current  expenses  $22,235.00 

Travel  375.00 

Equipment  950.00 

Other  expenditures  —  snow 
ploughing,    refuse    disposal,    ex- 
termination services,   repairs  to 
buildings,  and  renewal  of  water 
main  3,130.00 


Total 


$26,690.00 


1955]  Chapter  338  613 

Less  revenue  and  balance  26,690.00 

Net  appropriation  0.00 


Total  for  soldiers'  home  $56,311.15 

Less  refunds  (maintenance)  2,700.00 


Net  appropriation  $53,611,15 


For  state  hospital: 
Administration : 

Salary  of  superintendent  $9,853.08 
Salary  of  assistant  superintendent        8,805.00 

Other  personal  services  82,896.95 

Current  expenses  23,626.95 

Travel  2,900.00 

Equipment  1,565.00 


Total  $129,646.98 

Professional  care  and  treatment: 
Salary  of  director  of  psychiatric 

education  and  research  $7,062.00 

Salary  of  director  of  correctional 

psychiatry  7,062.00 

Salary  of  director  of  clinical 

services  8,346.00 

Salary  of  director  of  out-patient 

services  7,062.00 

Other  personal  services  1,622,285.82 

Current  expenses  63,740.00 

Travel  4,200.00 

Equipment  7,000.00 


Total  $1,726,757.82 


614  Chapter  338  [1955 

Custodial  care : 

Personal  services  $466,967.38 

Current  expenses  632,962.15* 

Travel  75.00 

Equipment  12,150.00t 

Total  1,112,154.53 

*  In  this  appropriation  $120,500.00  shall  be  for  products  used  from 
the  institution's  farm.  No  part  of  this  amount  shall  be  transferred  to  any- 
other  appropriation  or  expended  for  any  other  purpose. 

t  In  this  appropriation  $7,000.00  shall  be  for  a  pot  and  pan  washer. 
No  part  of  this  amount  shall  be  transferred  to  any  other  appropriation  or 
expended  for  any  other  purpose. 

Operation  of  plant: 

Personal  services  $154,104.61 

Current  expenses  230,687.00 

Travel  100.00 

Equipment  10,000.00 

Total  394,891.61 

Maintenance  of  plant: 

Personal  services  $166,179.53 

Current  expenses  83,174.00 

Equipment  4,285.00 


Total  253,638.53 

Agriculture : 

Personal  services  $53,493.60 

Current  expenses  59,000.00 

Travel  50.00 

Equipment  5,450.00 


Total  $117,993.60 

Less  transfer 

credit  $120,500.00 

Less  revenue  3,200.00 


123,700.00 
Net  reduction  —5,706.40 


Total  for  state  hospital  $3,611,383.07 


1955]  Chapter  338  615 

Less  refunds  (maintenance)  71,000.00 


Net  appropriation  $3,540,383.07 


For  state  prison: 
Administration : 

Salary  of  warden  $6,890.00 

Other  personal  services  11,720.00 

Current  expenses  1,350.00 

Travel  1,150.00 

Equipment  555.00 

Total  $21,665.00 

Instruction : 

Personal  services  3,600.00 

Custodial  care: 

Salary  of  deputy  warden  $5,355.00 

Other  personal  services  151,064.40 

Current  expenses  87,985.00* 

Equipment  4,500.00t 
Other  expenditures : 

Custody  of  certain  inmates  5,000.00** 


Total  253,904.40 


*  In  this  appropriation  $19,250.00  shall  be  for  products  used  from 
the  institution's  farm.  No  part  of  this  amount  shall  be  transferred  to  any- 
other  appropriation  or  expended  for  any  other  purpose. 

t  In  this  appropriation  $3,000.00  is  for  the  purchase  of  an  x-ray 
machine  and  no  part  of  this  amount  shall  be  expended  for  any  other 
purpose. 

**  This  appropriation  shall  be  available  for  the  custody  of  un- 
manageable inmates  in  out-of-state  institutions  or  federal  penitentiaries 
when  no  suitable  institutons  exist  in  New  Hampshire.  Any  payments  out 
of  this  appropriation  shall  be  made  with  the  approval  of  the  governor 
and  council.  This  fund  may  also  be  used  for  such  inmates  who  have  been 
sent  to  such  out-of-state  institutions  from  the  Laconia  state  school,  the 
industrial  school  and  the  state  hospital.  No  part  of  this  appropriation  shall 
be  expended  for  any  other  purpose. 


616  Chapter  338  [1955 

Auxiliary  to  prison  care  and  custody : 

Personal  services  $6,000.00 

Current  expenses  3,750.00 

Other  expenditures: 

Awards  —  gate  money  1,600.00 


Total  11,350.00 

Operation  of  plant: 

Personal  services  16,242.95 

Maintenance  of  plant : 

Current  expenses  $8,705.00 

Equipment  465.00 

Other  expenditures: 
Boiler  and  sprinkler  inspection  50.00 

Repair  and  resurface  driveway 

(inside  yard)  300.00 


Total 

9,520.00 

Agriculture : 

Personal  services 

$11,437.88 

Current  expenses 

17,685.00 

Equipment 

510.00 

Other  expenditures: 

Slaughtering,  cutting 

and  cur- 

ing  meat 

1,000.00 

Bunker  silo 

500.00 

Registration  fees 

75.00 

Total 

$31,207.88 

Less  transfer  credit 

$19,250.00 

Less  revenue 

15,500.00 

34,750.00 

Net  reduction 

-^,542.12 

Parole : 

- 

Personal  services 

$18,632.50 

Current  expenses 

800.00 

Travel 

3,000.00 

i55]                               Chapter  338 
Equipment 

617 
1,000.00 

Total 

23,432.50 

Total  for  state  prison 
Less  estimated  revenue 
Less  refunds  (maintenance) 
Less  transfer  from  prison 
industries 

$336,172.73 
$2,275.00 
2,154.60 

10,000.00 

14,429.60 

Net  appropriation 

$321,743.13 

For  state  sanatorium: 
Administration : 

Salary  of  superintendent  $7,950.00 

Other  personal  services  10,585.85 

Current  expenses  1,720.00 

Travel  1,350.00 

Equipment  475.00 


Total  $22,080.85 

Professional  care  and  treatment : 

Personal  services  $94,389.59 

Current  expenses  22,020.00 

Equipment  2,275.00 


Total  118,684.59 

Custodial  care: 

Personal  services  $55,471.79 

Current  expenses  41,725.00* 

Equipment  1,000.00 


Total  98,196.79 


*  In  this  appropriation  $8,660.00  shall  be  for  products  used  from 
the  institution's  farm.  No  part  of  this  amount  shall  be  transferred  to  any 
other  appropriation  or  expended  for  any  other  purpose. 


618  Chapter  338  [1955 

Operation  of  plant: 

Personal  services  $41,842.21 

Current  expenses  22,211.00 

Equipment  2,400.00 

Other  expenditures: 

Cutting  wood  for  institutional 
buildings  1,000.00 


Total 

67,453.21 

Maintenance  of  plant : 

Personal  services 

$1,200.00 

Current  expenses 

3,000.00 

Equipment 

645.00 

Other  expenditures : 

Completion  of  toilet  fa 

cilities 

3,500.00 

Total 

8,345.00 

Agriculture : 

Personal  services 

$8,498.92 

Current  expenses 

5,340.00 

Equipment 

460.00 

Total 

$14,298.92 

Less  transfer 

credit 

$8,660.00 

Less  estimated 

revenue 

5,560.00 

14,220.00 

torium 

Net  appropriation 

i 

78.92 

Total  for  state  sana 

5314,839.36 

Less  refunds    (mai 

ntenance) 

^ 

14,500.00 

Net  appropriation 

5300,339.36 

1955]  Chapter  338  619 

For  University  of  New  Hampshire:  * 
University  of  New  Hampshire 

fund  $1,841,097.22 

Extension  work  in  counties  72,000.00 


Total  for  University  of 

New  Hampshire  $1,913,097.22 

*  It  is  estimated  that  the  income  received  by  the  university  from 
tuition  charges  will  be  $1,072,000.00  for  the  year.  In  case  this  amount 
of  income  from  this  source  is  not  received  the  state's  appropriation  for 
the  university  will  be  increased  by  such  sum,  not  in  excess  of  $50,000.00, 
as  represents  the  difference  between  $1,072,000.00  and  the  amount 
actually  received  from  tuition  charges.  Such  provisions  of  section  22  of 
chapter  222,  Revised  Laws  (section  28,  chapter  187,  RSA)  as  may  be 
inconsistent  with  the  provisions  of  this  note  are  hereby  suspended  for  the 
fiscal  year  ending  June  30,  1956.  The  provisions  of  section  18,  chapter 
222,  Revised  Laws  (section  24,  chapter  187,  RSA)  are  suspended  for  the 
fiscal  year  ending  June  30,  1956. 

For  board  of  education: 
Administration : 

Salary  of  commissioner  $9,725.00 

Other  personal  services  103,158.14 

Current  expenses  14,000.00 

Travel  7,500.00 

Equipment  4,420.00 
Other  expenditures: 

Rentals  (I.B.M.)  1,100.00 

Curriculum  development  1,000.00 


Total  $140,903.14 

Foundation  aid: 

State  aid  to  school  districts  $1,200,000.00$ 
Transportation,  board,  tuition  6,000.00 


Total  1,206,000.00 

t  See  under  area  vocational  schools. 


620 


Chapter  338 


[1955 


State-wide  supervision : 
Personal  services  (net) 
Other  expenditures : 

Superintendents'  conference 

Total 


$170,992.00t 
2,000.00 


172,992.00 


t   See  limitations  as  set  forth  in  footnote  under  net  appropriation 
for  board  of  education. 

Smith-Hughes:  state 

Personal  services  $7,121.50 

Current  expenses  200.00 

Travel  1,000.00 

Total  8,321.50 

Smith-Hughes :  federal 

Personal  services  $7,121.50 

Current  expenses  200.00 

Travel  1,000.00 

Other  expenditures: 

Reimbursement  for  salaries  and 

travel  of  teachers  24,205.00 

Total  $32,526.50* 

Less  estimated  revenue  32,526.50 

Net  appropriation  0.00 

Vocational  rehabilitation :  state 

Current  expenses  $27,600.00 

Travel  300.00 

Equipment  800.00 

Total  28,700.00 

Vocational  rehabilitation:  federal 

Personal  services  $25,001.21 

Current  expenses  27.271.79 

Travel  4,000.00 

Equipment  800.00 


1955]  Chapter  338  621 

Other  expenditures: 

Retirement  1,200.00 


Total  $58,273.00* 

Less  estimated  revenue  58,273.00 


Net  appropriation  0.00 

George-Barden :  state 

Personal  services  $11,526.40 

Current  expenses  507.00 

Travel  1,500.00 


Total  13,533.40 

George-Barden :  federal 

Personal  services  $11,726.40 

Current  expenses  507.00 

Travel  2,500.00 

Other  expenditures: 

Reimbursement  for  salaries 

and  travel  of  teachers  120,266.60 


Total  $135,000.00* 

Less  estimated  revenue  135,000.00 


Net  appropriation  0.00 

N.  H,  technical  institute  —  Manchester : 

Personal  services  $109,177.56 

Current  expenses  29,150.00 

Travel  350.00 

Equipment  10,000.00 


Total  $148,677.56 

**Less  cafeteria  revenue  6,000.00 


Net  appropriation  $142,677.56 

N.  H.  technical  institute  —  Portsmouth : 

Personal  services  $61,017.47 

Current  expenses  21,000.00 

Travel  500.00 


622  Chapter  338  [1955 

Equipment  5,000.00 


Total  $87,517.47 

**Less  cafeteria  revenue  5,000.00 


Net  appropriation  82,517.47 

**   Revenue  received  in  excess  of  above  estimates  shall  be  available 
for  further  cafeteria  expenditures. 

N.  H.  technical  institute  —  Concord  office: 

Personal  services  $5,960.00 

Current  expenses  1,600.00 

Travel  900.00 

Equipment  300.00 


Total  8,760.00 

Veterans'  educational  services :  state 

Current  expenses  $1,575.00 

Equipment  500.00 

Total  2,075.00 

Veterans'  educational  services:  federal 

Personal  services  $12,079.80 

Travel  1,900.00 


Total  $13,979.80^ 

Less  estimated  revenue  13,979.80 


Net  appropriation  0.00 

School  lunch  program :  state 

Personal  services  $11,829.50 
Current  expenses  400.00 

Travel  1,200.00 

Equipment  150.00 


Total  13,579.50 

School  lunch  program :  federal 
Other  expenditures: 

Reimbursements  to  school 
districts  $215,000.00* 

Less  estimated  revenue  215,000.00 


Net  appropriation  0.00 


1955]  Chapter  338  623 

Education  of  the  deaf: 

Current  expenses  $70,000.00 

Travel  350.00 

Equipment  300.00 


Total  $70,650.00 

fLess  transfer  from  Coos 

County  extension  fund  6,000.00 


Net  appropriation  64,650.00 

t  This  item  shall  be  a  charge  on  the  funds  received  by  the  state 
from  the  United  States  on  account  of  the  national  forests  in  unorganized 
places  as  provided  in  sections  20  and  23,  chapter  234,  Eevised  Laws 
(sections  22  and  25,  chapter  219,  RSA)  and  such  parts  of  said  sections 
as  may  be  inconsistent  with  the  provisions  hereof  shall  be  suspended  until 
June  30,  1956. 


Area  vocational  schools: 

Personal  services 

$2,490.00 

Current  expenses 

300.00 

Travel 

200.00 

Other  expenditures : 

Reimbursement  to  school  districts 

47,010.00 

Total 

$50,000.00 

*Less  transfer 

50,000.00 

Net  appropriation 

0.00 

*  The  amount  of  $50,000.00  herein  provided  for  area  vocational 
schools  shall  be  a  charge  against  the  appropriation  provided  for  state  aid 
to  school  districts  and  the  state  board  of  education  is  authorized  to  dis- 
continue said  area  vocational  schools  if  it  shall  consider  it  desirable  to 
do  so. 

Keene  teachers  college: 

Salary  of  president  $8,415.00 

Other  personal  services  420,412.80 

Current  expenses  166,260.00 

Travel  6,000.00 

Equipment  20,000.00 


624  Chapter  338  [1955 

Other  expenditures 
Scholarships  25,000.00t 

Teachers  retirement  4,000.00 


Total  $650,087.80 

Plymouth  teachers  college: 

Salary  of  president  $7,950.00 

Other  personal  services  330,971.62$ 

Current  expenses  110,000.00 

Travel  3,000.00 

Equipment  9,500.00 

Other  expenditures : 

Scholarships  15,000.00t 

Teachers  retirement  4,700.00 


Total  481,121.62 

t  A  position  of  pipefitter  is  authorized  within  the  amount  of  this 
appropriation. 

t  It  shall  be  a  condition  precedent  to  granting  a  scholarship  to  a 
person  attending  the  teachers  college  that  said  person  shall  sign  an  agree- 
ment that  after  graduation  he  will  teach  in  the  state  for  as  many  years 
as  he  was  the  recipient  of  said  scholarship  and  that  if  he  shall  not  so 
teach  for  the  required  number  of  years  he  will  reimburse  the  state  for 
the  amount  of  scholarship  aid  he  received. 

Scholarships  —  world  war  orphans 
(As  provided  by  chapter  196, 
Laws  of  1945,  RSA  193 :19)  2,700.00 

Board  of  nurse  examiners: 

Personal  services  $10,432.90 

Current  expenses  2,875.00 

Travel  450.00 

Equipment  200.00 
Other  expenditures: 

Retirement  651.13 


Total  $14,609.03 


1955]  Chapter  338  625 

Less  revenue  and  balance  14,609.03 


Net  appropriation  0.00 


Total  for  board  of  education  $3,018,618.99 

Less  estimated  revenue  865,324.36 


Net  appropriation  $2,153,294.63 


*  This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant. 

In  addition  to  the  above  appropriation  said  department  shall  receive 
for  disbursement  any  excess  over  estimates  in  the  income  of  the  teachers 
colleges'  dormitories  and  practice  schools,  and  revenue  from  tuitions 
received  by  the  Manchester  and  Portsmouth  technical  institutes.  No 
nursery  school  program  shall  be  allowed  at  either  Keene  or  Plymouth 
teachers  colleges,  and  no  funds  out  of  this  appropriation  or  any  other 
available  funds  shall  be  used  for  this  purpose. 

In  addition  to  the  above  appropriation,  said  department  shall  receive 
for  disbursement  sums  paid  by  school  districts  for  the  additional  salaries 
of  superintendents  under  the  provisions  of  section  44,  chapter  135,  Re- 
vised Laws  (section  44,  chapter  189,  RSA).  The  appropriation  to  cover 
the  state's  share  for  personal  services  for  state-wide  supervision  is  at 
the  same  rates  of  compensation  as  for  the  fiscal  year  1954-1955.  All  help- 
ing teacher  positions  hereinafter  established  shall  be  only  after  a  majority 
vote  in  each  of  the  school  districts  in  the  supervisory  union  requesting 
the  establishment  of  the  position  of  helping  teacher  at  their  respective 
annual  school  district  meetings.  Any  unexpended  balance  of  appropria- 
tion by  the  state  for  this  purpose  being  revenue  from  the  so-called  per 
capita  tax  as  provided  by  section  12,  chapter  138,  Revised  Laws  (section 
12,  chapter  194,  RSA)  which  is  in  excess  of  the  amount  expended  for 
such  supervision  shall  be  paid  over  by  the  state  treasurer  to  each  school 
district  in  proportion  to  the  total  receipts  from  said  school  district.  Any 
provisions  of  paragraph  XXIII,  section  11,  chapter  1,34,  of  the  Revised 
Laws,  as  amended  by  section  3,  chapter  243  of  the  Laws  of  1953  (XXIII, 
section  11,  chapter  186,  RSA)  inconsistent  with  the  provisions  of  this 
footnote  are  hereby  suspended  until  June  30,  1956. 

For  board  of  fire  control :, 

Salary  of  state  fire  marshal  $5,830.00 

Other  personal  services  11,084.36 

Current  expenses  1,923.00 

Travel  3,550.00 

Equipment  385.00 

Total  $22,772.36 


626  Chapter  338  [1955 

For  boai'd  of  probation : 

Salary  of  director  $6,115.00 

Other  personal  services  108,935.18 

Current  expenses  8,800.00 

Travel  11,000.00 

Equipment  500.00 


Total 

$135,350.18 

3r  water  resources  board : 

Salary  of  chairman 

$6,307.50 

Other  personal  services 

25,454.40 

Current  expenses 

1,345.00 

Travel 

2,325.00 

Equipment 

74.15 

Other  expenditures: 

Maintenance  of  dams 

2,500.00 

Dams  in  disrepair   (construction) 

10,000.00 

Total  $48,006.05 

Stream  flow  gauging : 

Personal  services  11,925.00 

Connecticut  river  valley  flood  control 

commission : 
Other  expenditures: 

Per  diems  and  expenses  of  N.  H. 

commission  $1,000.00 

State's  contribution  to  commission      1,000.00 


Total  2,000.00 


Total  for  water  resources  board  $61,931.05 

Less  transfer  from  highway         $4,500.00 
*Less  transfer  from  Pitts- 
burg project  5,000.00 

9,500.00 


Net  appropriation  $52,431.05 


1955]  Chapter  338  627 

Transferred  by  vote  of  the  directors:  * 

For  aeronautics  commission: 

Salary  of  director  $6,720.00 

Other  personal  services  11,612.90 

Current  expenses  2,400.00 

Travel  1,400.00 

Equipment  1,400.00 


Total  $23,532.90 

Less  estimated  revenue  2,500.00 


Net  appropriation  $21,032.90 

*Airways  toll  fund  $7,500.00 

Less  transfers  and  balance  7,500.00 


Net  appropriation  0.00 


Total  for  aeronautics  commission  $21,032.90 

*  Expenditures  shall  not  exceed  existing  balances  plus  revenue. 


For  bank  commissioner : 

Salary  of  commissioner  $8,415.00 

Salary  of  deputies  (two)  12,573.00 

Other  personal  services  57,733.03 

Current  expenses  5,612.00 

Travel  9,700.00 

Equipment  2,500.00 
Other  expenditures: 

Retirement  4,780.92 


Total  for  bank  commissioner   $101,313.95 


628  Chapter  338  [195{ 

*Less  revenue  92,898.95 


Net  appropriation  $8,415.00 


*  The  bank  commissioner  shall  collect  from  the  institutions  the  con- 
dition and  management  of  which  he  is  required  to  examine  under  the 
provisions  of  section  8  of  chapter  307  of  the  Revised  Laws  (section  9, 
chapter  383,  RSA)  as  the  cost  of  such  examination,  the  sum  of  $92,898.95 
for  fiscal  year  ending  June  30,  1956,  and  each  such  institution  shall  pay 
to  the  state  within  thirty  days  after  receipt  by  it  of  notice  of  assessment 
such  proportion  of  the  said  stated  sum  so  collectible  as  its  assets  bear  to 
the  total  assets  of  all  such  institutions  as  shown  by  their  reports  to  the 
bank  commissioner  as  of  the  thirtieth  day  of  June  preceding  such  pay- 
ments; provided,  however,  the  sum  to  be  paid  by  each  such  institution 
shall  not  be  less  than  the  following: 

Savings  bank  or  trust  company  $50 

Building  and  loan  association  $25 

Credit  Union  $15 

Small  loan  licensee  $10 

Miscellaneous  institution  $25 

and  any  amount  collected  under  the  provisions  of  this  minimum  assess- 
ment in  excess  of  the  stated  assessment  together  with  said  stated  assess- 
ment amounts  shall  be  credited  to  the  appropriation  for  the  bank 
commissioner. 

For  liquor  commission : 
Liquor  administration : 
One-half  salary  of  three 

commissioners  $11,316.25 

Other  personal  services  79,215.70 

Current  expenses  23,425.00 

Travel  1,750.00 

Equipment  885.00 

Other  expenditures  —  retirement  5,300.00 


Total  $121,891.95 

Beer  administration : 
One-half  salary  of  three 

commissioners  $11,316.25 

Other  personal  services  74,851.81 

Current  expenses  8,375.00 

Travel  24,000.00 

Equipment  885.00 

Other  expenditures  —  retirement  5,250.00 

Total  124,678.06 


1955]                                Chapter  338  629 

Liquor  enforcement : 

Personal  services  $16,630.41 

Current  expenses  140.00 

Travel  5,500.00 

Other  expenditures  —  retirement  1,100.00 


Total  23,370.41 

Stores  operation: 

Personal  services  $604,503.69 

Current  expenses  200,500.00 

Travel  8,500.00 

Equipment  10,500.00 
Other  expenditures  —  retirement        34,455.27 


Total  858,458.96 

Warehouse : 

Personal  services  $71,249.43 

Current  expenses  12,375.00 

Travel  25.00 

Equipment  3,750.00 

Other  expenditures  —  retirement  4,000.00 


Total  91,399.43 


Total  for  liquor  commission  $1,219,798.81 

Less  revenue  1,219,798.81 


Net  appropriation  0.00 


For  planning  and  development  commission : 

Salary  of  executive  director  $7,837.50 

Other  personal  services  106,609.95 

Current  expenses  82,500.00 

Travel  8,750.00 

Equipment  2,500.00 


630  Chapter  338  [1955 

Other  expenditures : 
'•'Regional  associations  21,000.00 

Eastern  states  exposition  8,000.00 


Total  for  planning  and 
development  commission        $237,197.45 

Less  estimated  revenue  1,200.00 


Net  appropriation  $235,997.45 


*  This  appropriation  shall  be  administered  by  the  state  planning  and 
development  commission  for  the  aid  of  regional  development  associations. 
Not  more  than  $3,500.00  may  be  allotted  by  the  commission  to  any  one 
regional  association  whose  bounds,  form  of  organization  and  program 
shall  first  have  been  approved  by  the  commission.  Any  unexpended  por- 
tion of  this  appropriation  shall  lapse  and  shall  not  be  transferred  to 
any  other  state  appropriation. 

For  public  utilities  commission: 
Office  of  commission : 

Salary  of  three  commissioners  $25,318.00 

Other  personal  services  67,986.31 

Current  expenses  5,550.00 

Travel  2,250.00 

Equipment  971.50 


Total  $102,075.81 

Motor  carriers : 

Personal  services  $5,250.94 

Current  expenses  2,510.00 

Travel  600.00 


Total  $8,360.94 

*Less  revenue  and  balance  8,360.94 


Net  appropriation  0.00 

*  Any  revenue  and  balance  in  excess  of  $8,360.94  shall  be  available 
for  such  further  expenditure  as  provided  by  statute. 

Motor  boat  registration : 

Personal  services  $31,239.18 

Current  expenses  24,545.00 

Travel  6,000.00 


1955] 


']                              Chapter  338 

Equipment 
Other  expenditures: 
Boat  equipment 

631 

175.00 
6,000.00 

Total 
**Less  revenue  and  balance 

$67,959.18 
67,959.18 

Net  appropriation 

0.00 

Total  for  public  utilities  commission         $102,075.81 

**  Any  revenue  and  balance  in  excess  of  $67,959.18  shall  be  avail- 
able for  such  further  expenditures  as  provided  by  statute. 

For  racing  commission : 

Salary  of  three  commissioners  $6,000.00 

Other  personal  services  35,747.60* 

Current  expenses  2,500.00 

Travel  3,000.00 

Equipment  280.00 


Total  for  racing  commission       $47,527.60 
Less  revenue  47,527.60 


Net  appropriation  0.00 

*   Such  portion  of  this  amount  as  constitutes  the  compensation  of 

the  official  steward  or  associate  judge  of  the  state  racing-  commission, 
shall  be  reimbursed  to  the  state  by  the  person,  association,  or  corporation 
conducting  the  race  or  meet. 

For  state  tax  commission: 
Office  of  commission : 

Salary  of  two  commissioners  $13,780.00 

Salary  of  secretary  8,295.00 

Other  personal  services  43,060.23 

Current  expenses  13,090.00 

Travel  12,000.00 

Equipment  1,986.00 


Total  $92,211.23 

Less  estimated  refunds  1,500.00 


Net  appropriation  $90,711.23 


632                                  Chapter  338  [1955 

Municipal  accounting: 

Personal  services  $41,395.57 

Current  expenses  1,500.00 

Travel  5,000.00 

Equipment  400.00 


Total 

$48,295.57 

Less  estimated  revenue 

24,000.00 

Net  appropriation 

Intangibles  tax : 

Personal  services 

$15,791.50 

Current  expenses 

1,800.00 

Travel 

350.00 

Equipment 

315.00 

Other  expenditures: 

Retirement 

1,024.87 

Total 

$19,281.37 

Less  estimated  revenue 

19,281.37 

Net  appropriation 

Utilities  tax : 

Personal  services 

$2,810.00 

Current  expenses 

100.00 

Equipment 

197.00 

Total 

$3,107.00 

Less  revenue 

3,107.00 

24,295.57 


0.00 


Net  appropriation  0.00 

Legacy  and  succession  tax : 

Personal  services  $20,280.10 

Current  expenses  1,488.00 

Travel  100.00 


Total  21,868.10 

Tobacco  products  tax : 

Personal  services  $26,384.40 


1955]                               Chapter  338 

633 

Current  expenses 

15,740.00 

Travel 

7,500.00 

Equipment 

225.00 

Total 

49,849.40 

Total  for  tax  commission 

$186,724.30 

For  water  pollution  commission : 

Personal  services 

$38,422.00 

Current  expenses 

6,032.00 

Travel 

7,100.00 

Total 

$51,554.00 

New  England  Interstate  Water 

Pollution  Control  Commission : 

Personal  services 

$1,000.00 

Current  expenses 

1,150.00 

Travel 

1,200.00 

Total 

3,350.00 

Total  for  water  pollution  commission           $54,904.00 

For  civil  defense: 

Salary  of  director 

$4,770.00 

Other  personal  services 

7,552.90 

Current  expenses 

4,060.00 

Ti-avel 

1,000.00 

Equipment 

7,750.00 

Other  expenditures : 

Training  at  federal  schools 

550.00 

Total 

$25,682.90 

Field  staff: 

Cuirent  expenses 

$650.00 

Travel 

2,450.00 

Total 

3,100.00 

Total  for  civil  defense 

$28,782.90 

634  Chapter  338  [1955 

For  civil  air  patrol  —  current  expenses  $6,000,00 


For  employees'  retirement  system: 

Personal  services 

$19,599.50 

Current  expenses 

1,200.00 

Travel 

400.00 

Equipment 

1,250.00 

Other  expenditures : 

Normal  contribution  for  general 

employees 

201,400.00 

Total 

$223,849.50 

Less  estimated  revenue 

7,800.00 

Net  appropriation 

$216,049.50 

For  firemen's  retirement  system 

$50,000.00 

For  policemen's  retirement  system 

$59,000.00 

For  teachers'  retirement  system : 

Personal  services 

$18,277.00 

Current  expenses 

1,760.00 

Travel 

775.00 

Equipment 

200.00 

Other  expenditures: 

Normal  contribution 

259,477.00 

Total  for  teachers'  retirement  system        $280,489.00 

For  mental  hygiene  and  child  guidance 
clinics:  state 

Salary  of  director  $8,295.00 

Other  personal  services  44,274.73 

Current  expenses  4,275.00 

Travel  1,900.00 

Equipment  257.00 

Total  $59,001.73 


]                              Chapter 

338 

635 

scleral  funds : 

Personal  services 

$16,743.00 

Current  expenses 

75.00 

Travel 

600.00 

Equipment 

70.00 

Other  expenditures: 

Merit  system 

212.00 

Retirement 

896.35 

Total 

$18,596.35 

Less  estimated  revenue 

and 

18,596.35 

Net  appropriation 

child 

0.00 

Total  for  mental  hygiene 

guidance  clinics 

$59,001.73 

For  public  vi^orks  division  of  department  of 
public  works  and  highways: 

Personal  services  ,  $60,399.40 

Current  expenses  2,103.00 

Travel  4,600.00 

Equipment  1,000.00 


Total  $68,102.40 

Less  estimated  revenue  from 

direct  and  overhead 

charges  to  projects  47,313.40 


Net  appropriation 

$20,789.00 

For  fish  and  game  department : 

Commission : 

Current  expenses 

$50.00 

Travel 

1,500.00 

Other  expenditures  —  retirement 

34,000.00 

Total  $35,550.00 


636 


Chapter  338 


[1955 


Administration : 
Salary  of  director 
Other  personal  services 
Current  expenses 
Travel 
Equipment 

Total 


$7,145.00 

32,681.301 

25,550.00 

1,200.00 

1,335.00 


67,911.30 


t  The  classified  position  of  assistant  to  the  fish  and  game  director 
is  hereby  abolished  and  no  part  of  the  funds  accruing  to  the  fish  and 
game  department  shall  be  hereafter  expended  for  the  establishment  of 
such  a  position. 


Bounties : 

Other  expenditures: 
Bobcat  bounties 

Damage : 

Personal  services 

Current  expenses 

Travel 

Equipment 

Other  expenditures: 

Grants  (damage  by  game) 


$7,000.00 


$7,170.00 

7,000.00 

500.00 

1,450.00 

8,000.00 


Total 

24,120.00 

Conservation : 

Personal  services 

$158,762.44 

Current  expenses 

18,000.00 

Travel 

71,000.00 

Equipment 

6,500.00 

Total 

254,262.44 

Education  (publicity) : 

Personal  services 

$16,342.30 

Current  expenses 

6,375.00 

Travel 

2,000.00 

Equipment 

855.00 

Other  expenditures: 

Sportsman's  show,  Boston  and 

Eastern  States 

5,500.00 

Total 


31,072.30 


1955]  Chapter  338  637 

Propagation  of  fish : 

Personal  services  $196,346.06 

Current  expenses  128,510.00 

Travel  7,500.00 

Equipment  7,605.00 


Total 

339,961.06 

Propagation  of  game : 

Personal  services 

$10,128.63 

Current  expenses 

15,050.00 

Travel 

300.00 

Equipment 

650.00 

Total  26,128.63 

Pittman-Robertson  and  Dingell-Johnson  : 

Personal  services  $88,677.53 

Current  expenses  26,085.00 

Travel  9,975.00 

Equipment  4,290.00 
Other  expenditures : 

U.N.H.  contract  16,700.00 

Dams  10,000.00 


Total  155,727.53 

Construction  and  maintenance: 

Personal  services  $42,319.00 

Current  expenses  30,000.00 

Travel  "  8,000.00 

Equipment  2,450.00 

Other  expenditures : 

Replace  wooden  pools  — 
Warren  10,000.00 


Total  92,769.00 


Total  for  fish  and  game  department         $1,034,502.26 


638  Chapter  338  [1955 

Less  revenue  and  balance  1,034,502.26 


Net  appropriation  0.00 


In  addition  to  the  above  appropriation,  the  fish  and  game 
department  may  receive  for  disbursement  any  unexpended 
balances  from  previous  years.  Such  balances  shall  be  expended 
under  the  direction  of  the  fish  and  game  commission  with  the 
approval  of  the  governor  and  council.  Any  sums  received  as 
revenue  in  excess  of  the  estimated  amounts  hereunder  may  be 
expended  by  the  director  of  fish  and  game,  with  the  approval 
of  the  governor  and  council,  for  the  purchase  of  state  motor 
vehicles  for  the  use  of  such  conservation  oflScers  as  desire  to 
use  state-owned  motor  vehicles. 

For  motor  vehicle  department : 
Administration : 

Salary  of  commissioner  $8,475.00 

Salary  of  deputy  commissioner  7,205.00 

Other  personal  services  159,618.41 

Current  expenses  151,400.00 

Travel  3,250.00 

Equipment  7,250.00 
Other  expenditures: 

Retirement  15,000.00 


Total  $352,198.41 

Gasoline  road  toll: 

Personal  services  $22,355.10 

Current  expenses  .  2,000.00 

Travel  2,350.00 

Equipment  2,000.00 


Total  28,705.10 

Inspectional  services : 

Personal  services  $65,464.04 

Current  expenses  6,350.00 

Travel  22,200.00 

Other  expenditures  4,000.00 

Total  98,014.04 


1955]  Chapter  338  639 

Highway  safety : 

Personal  services  $17,921.74 

Current  expenses  5,100.00 

Travel  2,500.00 

Equipment  2,300.00 


Total  27,821.74 


Total  for  motor  vehicle  department  $506,739.29 

Less  revenue  506,739.29 


Net  appropriation  0.00 


For  public  works  and  highways : 
Administration : 

Salary  of  commissioner  $9,540.00 

Salary  of  assistant  commissioner  9,080.00 

Other  personal  services  128,855.60 

Current  expenses  61,955.00 

Travel  2,480.00 

Equipment  8,665.00 


Total  $220,575.60 

Engineering : 

Salary  of  deputy  commissioner  $8,720.00 

Other  personal  services  1,214,316.63 

Current  expenses  59,137.00 

Travel  139,748.70 

Equipment  13,616.90 


Total  1,435,539.23 

Laboratory : 

Personal  services  $67,197.00 

Current  expenses  15,339.00 

Travel  9,505.00 

Equipment  1,460.00 

Total  93,501.00 


640 


Chapter  338 


[1955 


Highway  marking  and  roadside 
development : 
Personal  services 
Current  expenses 
Travel 
Equipment 

Total 

Garage : 

Personal  services 
Current  expenses 
Travel 
Equipment 

Total 

Planning  and  economics : 
Personal  services 
Current  expenses 
Travel 
Equipment 

Total 
Equipment  and  transportation : 

Travel  —  state  owned  cars 
Maintenance  —  roads 

Legislative  specials: 
Retirement 
Stream  flow  gauging 
Maintenance  class  V  highways 
State  police 

Roads  to  public  waters 
Accidents  and  compensation 

Total 
Bridge  maintenance 
Debt  service 
Land  and  buildings 
Construction  and  reconstruction 


$129,318.80 

197,423.00 

39,745.00 

13,370.50 


$292,661.20 

543,539.00 

5,570.00 

274,600.00 


379,857.30 


1,116,370.20 


$96,329.20 

12,212.00 

9,200.00 

1,495.00 


119,236.20 


108,000.00 
4,647,000.00 


$198,000.00 

4,500.00 

105,000.00 

462,775.05 

5,000.00 

20,000.00 


795,275.05 
260,000.00 

1,143,120.00 
157,722.00 

9,549,458.00 


Total  for  public  works  and  highways    $20,025,654.58 


1955]  Chapter  338  641 

Less  revenue  20,025,654.58 


Net  appropriation  0.00 


Authority  is  hereby  given  to  expend  such  balances  as 
may  exist  July  1,  1955,  and  any  income  received  in  excess  of 
$5,000,000.00  from  motor  vehicle  fees,  $8,345,000.00  from 
gasoline  road  toll,  $1,000,000.00  from  highway  garage,  and 
$4,165,996.00  from  federal  aid  shall  be  available  for  such  fur- 
ther expenditure  as  may  be  approved  by  the  governor  and 
council. 

Total  net  appropriation  $17,057,140.30 


2.  Transfer  of  Accounting  Personnel.  Whenever  it  shall 
be  found  by  the  governor  and  council  that  it  would  be  to  the 
advantage  of  the  state  that  certain  accounting  or  auditing 
procedures  of  a  state  department  or  agency  be  consolidated  with 
that  of  other  departments  or  agencies  in  the  department  of  ad- 
ministration and  control,  the  governor  and  council  are  author- 
ized to  transfer  any  employee  of  any  department  or  agency 
authorized  to  do  accounting  or  auditing  work  together  with  all 
unexpended  appropriations  and  funds  allocated  for  the  pay- 
ment of  such  employee's  salary  to  the  department  of  adminis- 
tration and  control.  Provided,  that  in  case  of  such  transfer  the 
salary  of  such  employee  and  his  classification  under  the  per- 
sonnel system  shall  not  be  affected  by  such  transfer  and  pro- 
vided, further  that  any  such  employee  so  transferred  shall  be 
directly  responsible  to  the  comptroller  and  any  liability  of  the 
head  of  the  department  or  agency  from  which  said  employee  is 
transferred  for  acts  of  such  employee  in  connection  with  ac- 
counting for  funds  of  such  department  or  agency  shall  be  sus- 
pended during  the  time  such  employee  is  under  the  jurisdiction 
of  the  comptroller.  In  like  manner  the  governor  and  council 
may  transfer  back  to  the  original  department  or  agency  any 
employee  so  transferred.  Further  provided  that  nothing  herein 
shall  be  construed  as  authorizing  the  transfer  of  personnel  or 
funds  in  cases  where  federal  grants  to  the  state  would  be 
affected  thereby,  nor  to  the  provisions  of  chapters  10  and  121 
of  the  Laws  of  1953.  The  authority  hereby  delegated  shall 
expire  as  of  June  30,  1957. 


642  Chapter  338  [1955 

3.  Economy  in  Personnel.  The  sum  of  twenty-five  thous- 
and dollars,  which  appropriation  shall  not  lapse,  is  hereby 
appropriated  for  the  use  of  the  governor  during  the  ensuing 
biennium  for  the  purpose  of  causing  an  investigation  to  be 
made  into  the  possibilities  of  achieving  economy  in  personnel 
services.  For  this  purpose,  the  governor  may  employ  necessary 
assistants.  No  funds  whether  appropriated  by  the  so-called 
budget  acts  or  otherwise  available  shall  be  used  for  the  filling 
of  vacated  positions  within  the  state  classified  service  until 
authorized  by  the  governor  after  appropriate  study  and  investi- 
gation as  to  their  necessity.  A  vacated  position  shall  not  be 
determined  necessary  if  the  work  load  can  be  reasonably  redis- 
tributed to  other  positions,  duplication  of  activities  is  evi- 
denced, or  if  insufficient  duties  are  evidenced  to  warrant  a  full 
time  employee  in  the  position. 

Whenever  the  governor  finds  that  any  position  in  state 
service,  except  offices  specifically  established  by  law,  is  not 
necessary,  he  may  by  executive  order  abolish  such  position.  In 
such  event,  the  encumbent  shall  be  transferred  to  any  open 
position  within  the  same  or  other  department  in  accordance 
with  the  rules  and  regulations  of  the  division  of  personnel.  A 
certified  copy  of  any  such  executive  order  shall  be  forthwith 
filed  with  the  department  head  concerned  and  with  the  state 
treasurer  and  the  comptroller.  The  balance  of  any  appropria- 
tion saved  thereby  shall  lapse  upon  the  effective  date  of  such 
order.  The  authority  hereby  delegated  shall  expire  June  30, 
1957. 

The  appropriation  made  hereunder  shall  be  a  charge  upon 
the  salary  adjustment  fund  for  the  fiscal  year  ending  June  30, 
1955. 

Any  provisions  of  chapter  27-B,  Revised  Laws,  as  inserted 
by  chapter  9,  Laws  of  1950,  as  amended,  and  of  rules  or  regula- 
tions thereunder  which  are  inconsistent  with  the  provisions  of 
this  section  are  hereby  suspended  during  the  period  this  section 
is  in  effect. 

4.  Hilton  Park.  Amend  section  3  of  chapter  124  of  the 
Laws  of  1937  as  amended  by  section  6,  chapter  173,  Laws  of 
1945,  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  3.  Administration.  The  Soldiers'  Memorial 
Parks,  also  known  as  Hilton  State  Park,  shall  be  administered 


1955]  Chapter  338  643 

by  the  department  of  public  works  and  highways  as  a  free 
public  park.  The  cost  of  operation  and  maintenance  of  said 
park  shall  be  a  charge  upon  the  highway  funds. 

5.  Business  Supervisor.  Amend  section  21  of  chapter  23-A 
of  the  Revised  Laws,  as  inserted  by  section  1,  part  6,  chapter  5, 
Laws  of  1950  (section  36,  chapter  8,  RSA)  by  adding  at  the 
end  thereof  the  following:  (4)  advise  with  the  respective 
executive  heads,  boards,  and  commissions  of  the  various  state 
departments  in  relation  to  establishment,  supervision  and 
maintenance  of  uniform  and  efficient  business  records,  business 
practices  and  business  management,  and  to  perform  such  other 
duties  of  assisting  the  state  departments  as  the  comptroller 
may  require  of  him.  (5)  Subject  to  the  approval  of  the 
comptroller  the  business  supervisor  may  appoint  an  assistant 
business  supervisor  who  shall  receive  such  salary  as  may  be 
provided  by  appropriation  therefor. 

6.  Legislative  Council.  Amend  chapter  9  of  the  Revised 
Laws  (chapter  14,  RSA)  by  inserting  after  section  25  the 
following  new  section :  25-a.  Research  Analyst.  There  shall 
be  a  research  analyst  attached  to  the  legislative  council.  The 
deputy  legislative  budget  assistant  in  office  at  the  time  of  the 
passage  of  this  act  shall  become  the  research  analyst  and  shall 
receive  such  salary  as  shall  be  determined  by  the  legislature. 
She  shall  be  reimbursed  for  actual  expenses  when  engaged  in 
the  duties  of  research  problems  in  connection  with  legislative 
matters.  The  position  of  deputy  legislative  budget  assistant  is 
hereby  abolished  and  any  reference  to  said  officer  in  the 
statutes  inconsistent  with  the  provisions  hereof  is  hereby  re- 
pealed to  the  extent  of  such  inconsistency.  Said  analyst  shall 
attend  all  hearings  on  state  budgets.  Sections  2  and  3  of  this 
act  shall  not  apply  or  affect  in  any  way  the  analyst  or  her 
secretary.  Any  supplies  and  equipment  which  have  been 
assigned  to  the  use  of  the  deputy  legislative  budget  assistant 
are  hereby  transferred  to  the  research  analyst. 

7.  Takes  Effect.  Section  3  of  this  act  shall  take  effect  as 
of  June  30,  1955  and  the  remaining  sections  of  this  act  shall 
take  effect  as  of  July  1,  1955. 

[Approved  August  5,  1955.] 


644  Chapter  339  [1955 

CHAPTER  339. 

an  act  making  appropriations  for  the  expenses  of  certain 

departments  of  the  state  for  the  year  ending 

June  30,  1957. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Appropriations.  The  sums  hereinafter  mentioned  are 
appropriated  to  be  paid  out  of  the  treasury  of  the  state  for 
the  purposes  specified  for  the  departments  herein  named,  for 
the  fiscal  year  ending  June  30,  1957,  to  wit:  A  continuing 
appropriation  which  shall  not  lapse,  shall  not  be  transferred  to 
any  department,  institution  or  account,  and  which  shall  be  for 
the  expenses  of  the  legislature,  including  $29,750.00  for  the 
office  of  legislative  assistant  to  the  appropriations  and  finance 
committees,  as  provided  by  sections  3-34,  chapter  14,  RSA,  and 
including  $9,750.00  for  the  office  of  the  research  analyst  to  the 
legislative  council. 

(Salary  of  legislative  budget  assistant  $8,500.00,  other  per- 
sonal services  $19,500.00,  current  expenses  $850.00,  travel 
$800.00,  equipment  $100.00). 

(Salary  of  research  analyst  $5,250.00,  secretary  to  analyst 
$3,250.00,  other  expenses  $1,230.00)  $275,000.00 

Council  of  state  governments  $2,500.00 

Legislative  council  2,500.00 

5,000.00 


Total  for  legislative  branch  $280,000.00 


For  executive  branch : 
Office  of  governor: 

Salary  of  governor  $12,000.00 

Other  personal  services  21,490.00* 

Current  expenses                           *  4,350.00 

Travel  600.00 

Equipment  300.00 


Total  $38,740.00 


1955]                               Chapter  339  645 

Contingent  fund  7,500.00 

Special  citations  to  state  employees  300.00 

Governor's  special  fund  7,500.00** 
Rent,  light,  heat  for  governor's 

Concord  home  2,000.00 


Total  for  governor's  office  $56,040.00 

Emergency  fund  75,000.00 

Governor's  council: 

Per  diem  $8,400.00 

Current  expenses  300.00 

Travel  3,300.00 


Total  for  governor's  council  $12,000.00 


Total  for  executive  branch  $143,040.00 

*  Salaries  paid  out  of  this  appropriation  shall  be  at  levels  set  by  the 
governor. 

**  The  funds  appropriated  under  this  item  to  be  spent  by  the  gov- 
ernor in  his  own  and  sole  discretion  for  state  purposes,  including  but  not 
limited  to  participation  in  the  activities  of  the  United  States  Governors' 
Conference,  the  New  England  Conference  of  Governors,  and  the  council 
of  state  governments,  for  which  monies  are  not  otherwise  appropriated. 


For  judicial  branch: 
For  supreme  court: 

Salaries  of  justices  $60,380.00 

Salary  of  clerk-reporter  7,460.00 

Other  personal  services  5,380.00 

Current  expenses  3,650.00 

Travel  1,600.00 

Equipment  600.00 

N.  H.  Supreme  court  reports  5,500.00 

Total  $84,570.00 

Less  estimated  revenue  680.00 


Net  appropriation  $83,890.00 

For  superior  court: 

Salaries  of  judges  $84,145.00 

Current  expenses  4,280.00 

Travel  9,000.00 

Total  97,425.00 


646 


Chapter  339 


[1955 


For  referees  and  masters : 
Salary  of  referee 

For  judicial  council 

For  probate  court : 
Salaries  of  judges 
Salaries  of  registers 
Salaries  of  deputies 

3,800.00 
4,200.00 

$29,490.00 
25,470.00 
24,232.67 

Total 

79,192.67 

Total  for  judicial  branch 

$268,507.67 

For  adjutant  general's  department: 
Central  administrative  office : 

Salary  of  adjutant  general  $8,510,13 

Other  personal  services  22,572.50 

Current  expenses  3,800.00 

Other  expenditures : 

State  flags  180.00 

Total  $35,062.63 

National  guard : 

Personal  services  $26,575.70 

Current  expenses  22,000.00 

Travel  1,300.00 
Other  expenditures : 

Social  security  350.00 

Total  50,225.70 

Armories : 

Personal  services  $71,028.50 

Current  expenses  82,000.00 

Equipment  500.00 

Total  153,528.50 

National  guard  rifle  and  pistol  range : 

Personal  services  $2,115.00 

Current  expenses  1,100.00 

Total  3,215.00 


1955]  Chapter  339 


647 


Officers'  uniform  allowance: 

Current  expenses  10,000.00 

State  military  reservation,  Concord : 

Current  expenses  18,750.00 

State  military  reservation,  Concord, 
Photostatic  division ; 
Personal  services  $2,830.00 

Current  expenses  475.00 

Equipment  50.00 


Total  3,355.00 

State  military  reservation,  Grenier 
Air  force  base,  Manchester: 
Personal  services  $10,270.00 

Current  expenses  15,900.00 

Travel  200.00 


Total  26,370.00 

State  military  reservation.  Fort 
William  and  Mary,  New  Castle: 
Current  expenses  700.00 

Drill  expenses : 

Travel  ^OO^qO 


Total  for  adjutant  general's 

department  $301,906.83 

Less  estimated  revenue  39,322.50 


Net  appropriation  $262,584.33 

For  administration  and  control : 
Division  of  budget  and  control : 

Salary  of  comptroller  $10,080.00 

Salary  of  business  supervisor  7,085.00 

Salary  of  farm  supervisor  6,066.90 
Salary  of  assistant  business 

supervisor  6,165.00 

Other  personal  services  6,109.96 

Current  expenses  1,425.00 


648 


Chapter  339 


[1955 


Travel  900.00 

Equipment  175.00 

Other  expenditures : 

Atlantic  marine  fisheries  900.00 

Firemen's  relief  4,000.00 

League  of  N.  H.  arts  and  crafts  8,000.00 


Total 

$50,906.86 

Division  of  accounts 

Salary  of  director 

$7,085.00 

Other  personal  services 

42,662.50 

Current  expenses 

15,100.00 

Travel 

200.00 

Equipment 

300.00 

Total 

65,347.50 

Division  of  investigation  of  accounts 

: 

Personal  services 

$16,267.50 

Travel 

5,600.00 

Total 

21,867.50 

Division  of  buildings  and  grounds : 

Personal  services 

$132,089.74 

Current  expenses 

62,000.00 

Equipment 

300.00 

$194,389.74 

Mailing  division : 

Personal  services 

9,450.00 

Current  expenses 

595.00 

Total 

204,434.74 

Division  of  personnel : 

State  funds: 

Salary  of  director 

$7,630.00 

Other  personal  services 

34,713.98 

Current  expenses 

2,370.00 

Travel 

1,000.00 

Equipment 

125.00 

Total 


45,838.98 


1955] 


Chapter  339 


649 


Federal  funds :  (merit  system) 
Deputy  director  of  personnel 
Other  personal  services 
Other  expenditures: 
Retirement 

Total 

Less  federal  revenue 

Net  appropriation 

Division  of  purchase  and  property 
Salary  of  director 
Other  personal  services 
Current  expenses 
Travel 
Equipment 

Total 

Printing  layout: 
Personal  services 
Less  refunds 

Net  appropriation 

Surplus  food  and  commodities 

distribution : 
Salary  of  director 
Salary  of  supervisor  of  surplus 

food  and  commodities 
Other  personal  services 
Current  expenses 
Travel 
Equipment 
Other  expenditures : 

Employees'  retirement 


$6,600.00 
163.00 

422.40 

$7,185.40 
7,185.40 


$8,025.00 

34,345.00 

3,100.00 

300.00 

150.00 


$3,070.00 
3,070.00 


$5,150.00 

4,782.90 

5,180.00 

24,245.00 

2,500.00 

70.00 

980.83 


0.00 


45,920.00 


0.00 


Total 


$42,908.73t 


650  Chapter  339  [1955 

Less  estimated  revenue  and 

balance  42,908.73 


Net  appropriation  0.00 


Total  for  administration  and  control  $434,315.58 


t  Authority  is  hereby  given  to  utilize  so  much  as  may  be  necessary 
of  the  balance  accumulated  as  of  June  30,  1955  or  any  surplus  accumu- 
lating during  the  fiscal  years  1956  and  1957  within  this  subdivision,  to 
efficiently  operate  this  division  without  the  use  of  any  other  state  funds. 

For  department  of  agriculture: 
Office  of  commissioner : 

Salary  of  commissioner  $8,175.00 

Other  personal  services  29,418.90 

Current  expenses  3,500.00 

Travel  5,000.00 

Equipment  415.00 
Other  expenditures: 
Feed,  seed  and  fertilizer  services      15,240.00 


Total  $61,748.90 

Division  of  markets  and  standards : 
Bureau  of  markets : 

Personal  services  $26,795.73 

Current  expenses  13,192.00 

Travel  4,200.00 

Equipment  215.00 

Other  expenditures: 

Cooperative  grant  to  New  Eng- 
land crop  reporting  service  800.00 


Total  45,202.73 

Bureau  of  weights  and  measures: 

Personal  services  $21,720.00 

Current  expenses  2,300.00 

Travel  4,000.00 

Equipment  1,300.00 


Total  $29,320.00 

Less  estimated  revenue  17,000.00 


Net  appropriation  12,320.00 


1955]  Chapter  339 


651 


Division  of  animal  industry: 

Salary  of  state  veterinarian  $8,200.00 

Other  personal  services  36,591.10 

Current  expenses  6,200.00 

Travel  6,200.00 

Equipment  1,000.00 
Other  expenditures: 

Tubercular  testing  35,000.00 

Other  veterinarian  service  800.00 

Radio  transcriptions  25.00 
Fees  to  town  clerks  for  checking 

mortgages  25.00 
Indemnities  for  condemned 

animals  15,000.00 
Brucellosis  and  vibrosis  testing      60,000.00 

Testing  for  mastitis  control  2,500.00 

Total  171,541.10 

Insect  and  plant  disease  control : 

Personal  services  $23,318.84 

Current  expenses  1,425.00 

Travel  sisOO.OO 

Total  30,543.84 

Milk  control: 

Personal  services  $11,510.00 

Current  expenses  2,680.00 

Travel  1,600.00 

Equipment  187.50 


Total  $15,977.50 

Less  estimated  revenue  15,977.50 

Net  appropriation  0.00 

Economic  poisons  law : 
Current  expenses  $300.00 

Travel  1,200.00 

Other  expenditures: 

Temporary  and  professional 
services  1,500.00 

Total  $3,000.00 


652  Chapter  339  [1955 

Less  estimated  revenue  3,000.00 


Net  appropriation 

Board  of  veterinary  examiners 
Tests  for  germination  and  purity  of 
agricultural  seeds 

Less  revenue  and  balance 

$200.00 
200.00 

0.00 
425.00 

Net  appropriation 

Vesicular  exanthema 

Less  revenue  and  balance 

$300.00 
300.00 

0.00 

Net  appropriation 

Licensing  of  live  poultry  dealers 
Less  revenue  and  balance 

$540.00 
540.00 

0.00 

Net  appropriation 

Licensing  of  livestock  dealers 
Less  revenue  and  balance 

$10.00 
10.00 

0.00 

Net  appropriation  0.00 

Grants :  f 

State  soil  conservation  committee  100.00 

Eastern  states  exhibit  2,000.00 


t  The  provisions  of  section  5,  chapter  241,  RSA  are  suspended  for 
the  fiscal  year  ending  June  30,  1957, 

Total  for  department  of  agriculture  $323,881.57 


For  attorney  general : 

Office  of  attorney  general : 

Salary  of  attorney  general  $9,810.00 

Salary  of  deputy  attorney  general         8,720.00 
Salaries  of  3  assistant  attorneys 

general  22,890.00 

Other  personal  services  24,776.26 

Current  expenses  3,000.00 


1955]  Chapter  339  65^ 

Travel  2,200.00 

Equipment  1,200.00 

Other  expenditures : 
Commission  on  uniform 

state  laws  700.00 


Total 

$73,296.26 

Division  of  charitable  trusts : 

Salary  of  director 

$8,760.00 

Other  personal  services 

4,420.00 

Current  expenses 

200.00 

Travel 

150.00 

Equipment 

200.00 

Total  8,730.00 


Total  for  attorney  general  $82,026.26 

Less  estimated  revenue  3,000.00 


Net  appropriation  $79,026.26 

For  forestry  division  (forestry  and  recreation) : 


dministration  : 

Salary  of  state  forester 

$7,630.00 

Other  personal  services 

26,037.57 

Current  expenses 

5,275.00 

Travel 

1,375.00 

Equipment 

200.00 

Total  $40,517.57 

Less  refunds  (maintenance)  234.60 


Net  appropriation  $40,282.97 

District  fire  supervision: 

Personal  services  $67,292.42 

Current  expenses  16,295.00 

Travel  11,050.00 

Equipment  16,500.00 

Total  $111,137.42 


654  Chapter  339  [1955 

Less  estimated  revenue  and 
balance  63,173.00*** 


Net  appropriation  47,964.42 

Lookout  stations: 

Personal  services  58,039.31 

Wardens  training  conferences:  ' 

Current  expenses  $2,000.00 

Other  expenditures: 

State's  share  of  town  warden 

training  3,500.00 


Total  5,500.00 

Prevention  of  fires : 

Personal  services  $6,315.64 

Current  expenses  "  730.00 

Equipment  5,000.00 

Other  expenditures: 

State's  share  of  prevention 

bills  with  towns  1,200.00 


Total  13,245.64 

White  pine  blister  rust  control : 

Personal  services  $15,570.00 

durrent  expenses  1,385.00 


Total  16,955.00 

Northeastern  forest  fire  compact: 

Current  expenses  $592.50 

Travel  100.00 


Total  692.50 

Nursery : 

Personal  services  $20,701.92 

Current  expenses  8,897.00 

Equipment  1,400.00 

Total  $30,998.92 


1955]  Chapter  339  655 

Less  estimated  revenue  and 

balance  11,116.75 

Less  refunds  (maintenance)  152.79 


*** 


Net  appropriation  19,729.38 

***  If  the  federal  grant  exceeds  the  above  estimate,  such  excess 
may  be  expended  with  the  approval  of  the  governor  and  council  for  said 
purposes. 

Reforestation : 

Personal  services  $2,967.42 

Current  expenses  130.00 

Travel  675.00 


Total  $3,772.42 

Less  refunds  (maintenance)  125.01 


Net  appropriation  3,647.41 
Cooperative  forest  management: 

Personal  services  $12,036.00 

Current  expenses  400.00 

Travel  3,800.00 

Equipment  50.00 

Total  16,286.00 

Forest  improvement  fund: 
Administration : 

Personal  services  $21,022.96 

Current  expenses  2,005.00 

Travel  3,000.00 

Equipment  2,400.00 

State  forest  operations : 

Personal  services  25,000.00** 

**  Includes  $5,000.00  for  silviculture. 

Land  purchase: 
Other  expenditures : 

State  land  purchase  5,000.00* 

Reimbursement  of  state 

treasury  6,000.00t 

Total  $64,427^ 


656  Chapter  339  [1955 

Less  refunds  (maintenance)  114.00 

Less  revenue  and  balance  64,313.96 


Net  appropriation  0.00 

*  No  part  of  this  appropriation  shall  be  used  to  purchase  land  that 
will  increase  by  more  than  five  per  cent  the  total  acreage  of  land  held  by 
the  forestry  division  at  the  time  this  act  becomes  effective. 

t  This  item  to  be  used  for  reimbursement  to  state  treasury  on 
account  of  moneys  paid  to  towns  under  the  provisions  of  section  32,  chap- 
ter 219,  RSA  for  loss  of  taxes  on  real  estate  owned  by  the  state  and  held 
by  the  forestry  division  for  operation  and  development  as  state  forest 
land. 


Caroline  A.  Fox  Research  Fund  : 

Personal  services 
Current  expenses 
Travel 
Equipment 

$6,333.50 

3,285.00 

800.00 

600.00 

Total 

Less  refunds  (maintenance) 

Less  revenue  and  balance 

$11,018.50 

398.40 

10,620.10 

Net  appropriation 

0.00 

Total  for  forestry 

$222,342.63 

For  department  of  health : 
Administration:  state 

Salary  of  state  health  officer  $10,200.00 

Other  personal  services  24,063.90*' 

Current  expenses  17,000.00 

Travel  600.00 


Total  $51,863.90 

Less  credit  transfer  3,820.00 


Net  appropriation  $48,043.90 

**   Of  this  amount  $900.00  shall  be  for  the  part-time  services  of  a 
Clerk  I  for  the  cancer  commission. 


1955]  Chapter  339 

Administration:  federal 

Personal  services  $15,067.60 

Current  expenses  7,400.00 

Travel  2,'l00.00 


657 


*Total 

*Less  estimated  revenue 

$24,567.60 
24,567.60 

Net  appropriation 

Business  management:  state 
Personal  services 
Current  expenses 
Equipment 

$16,166.90 
825.00 
200.00 

Total 

Business  management:  federal 
Personal  services 
Current  expenses 
Travel 
Equipment 

$5,742.50 

1,200.00 

500.00 

35.00 

*Total 

*Less  estimated  revenue 

$7,477.50 
7,477.50 

Net  appropriation 

Health  education :  state 
Personal  services 
Current  expenses 

$9,090.00 
1,630.00 

Total 

Health  education :  federal 
Personal  services 
Current  expenses 
Travel 
Equipment 

$5,315.27 

3,850.00 

1,170.00 

535.00 

♦Total 

*Less  estimated  revenue 

$10,870.27 
10,870.27 

0.00 


17,191.90 


0.00 


10,720.00 


Net  appropriation  0.00 


658  Chapter  339  [1955 

Hospital  services:  state 

Personal  services  $16,226.55 

Current  expenses  500.00 

Travel  2,600.00 


Total  $19,326.55 

Less  estimated  revenue  2,000.00 


Net  appropriation  17,326.55 

Hospital  services:  federal 

Personal  services  $3,670.00$ 

Current  expenses  340.00 

Travel  1,000.00 


*Total  $5,010.00 

*Less  estimated  revenue*  5,010.00 


Net  appropriation  0.00 

t  In  case  federal  funds  are  not  available  in  the  amount  estimated 
the  department  is  authorized  to  transfer  from  state  funds  for  personal 
services  in  other  divisions  to  this  account. 

Vital  statistics :  state 

Personal  services  $25,534.50 

Current  expenses  500.00 


Total  t26,034.50 

t  Any  revenue  received  in  addition  to  this  appropriation  shall  be 
available  for  expenditure. 

Vital  statistics:  federal 


Personal  services 
Current  expenses 
Travel 
Equipment 

revenue 
Ion 

state 

$2,290.00 

2,750.00 

500.00 

500.00 

*Total 

*Less  estimated 

$6,040.00 
6,040.00 

Net  appropriati 

Public  health  nursing: 
Personal  services 
Current  expenses 

$58,799.50 
500.00 

0.00 


1955] 


Chapter  339 


659 


Travel  3,000.00 

Total 

Public  health  nursing :  federal 

Personal  services  $23,830.00 

Current  expenses  2,577.70 

Travel  9,646.43 

Equipment  325.00 

*Total  $36,379.13 

*Less  estimated  revenue  36,379.13 

Net  appropriation 

Communicable  disease  control :  state 

Personal  services  $41,236.50 

Current  expenses  7,000.00 

Travel  1,500.00 


Total 

Communicable  disease  control :  federal 

Personal  services  $4,300.00 

Current  expenses  6,640.00 

Travel  1,650.00 

Equipment  200.00 


*Total 

$12,790.00 

*Less  estimated  revenue 

12,790.00 

Net  appropriation 

sntal  services :  state 

Personal  services 

$22,232.80 

Current  expenses 

400.00 

Travel 

200.00 

Equipment 

200.00 

Total 

$23,032.80 

Less  revenue,  grants 

2,480.00t 

62,299.50 


0.00 


49,736.50 


0.00 


Net  appropriation 


20,552.80 


t  Any  revenue  received  in  excess  of  the  estimate  shall  be  available 
for  further  expenditure. 


660  Chapter  339  [1955 

Dental  services :  federal 

Personal  services  $5,785.50 

Current  expenses  3,900.00 

Travel  2,000.00 


*Total  $11,685.50 

*Less  estimated  revenue  11,685.50 


Net  appropriation  0.00 

Maternal  and  child  health  and 

crippled  children's  services :  state 
Personal  services  $21,256.50 

Current  expenses  35,000.00 

Travel  400.00 

Other  expenditures: 

Convalescent  care  and  clinics  60,000.00* 


Total  116,656.50 

*  The  division  of  investigation  of  accounts  shall  investigate  the 
ability  to  pay  of  patients  and  those  legally  chargeable  for  their  support 
and  maintenance  for  care,  treatment  or  maintenance  furnished  here- 
under and  the  expenses  of  said  care,  treatment  or  maintenance  may  be 
recovered  in  an  action  in  the  name  of  the  state  from  the  patient  or  those 
persons  chargeable  with  his  support  where  said  person  or  persons  have 
a  weekly  income  or  other  resources  more  than  sufficient  to  provide  a 
reasonable  subsistence  compatible  with  decency  and  health. 

Maternal  and  child  health  and 
crippled  children's  services : 
federal 
Personal  services  $17,527.50 

Current  expenses  56,227.50 

Travel  2,000.00 

Other  expenditures : 

Convalescent  care  and  clinics 
(see  note  at  the  end  of  the 
appropriations  for  department 
of  health)  40,000.00t 


*Total  $115,755.00 

*Less  estimated  revenue  115,755.00 


Net  appropriation  0.00 


1955]  Chapter  339 

Occupational  health :  state 

Personal  services  $23,818.90 

Current  expenses  500.00 

Travel  500.00 

Equipment  3,092.50 


661 


Total  27,911.40 

Occupational  health :  federal 
Personal  services  $3,430.00 

Current  expenses  2,500.00 

Travel  3!l00.00 


*Total  $9,030.00 

*Les,s  estimated  revenue  9,030.00 


Net  appropriation  qqq 

Diagnostic  laboratories :  state 

Personal  Services  $45,367.10 

Current  expenses  3,000.00 

Travel  300.00 


Total  48,667.10 

Diagnostic  laboratories :  federal 

Personal  services  $3,082.50 

Current  expenses  5,200.00 

*Total  $8,282.50 

*Less  estimated  revenue  8,282.50 

Net  appropriation  0.00 
Food  and  chemistry:  state 

Personal  services  $56,663.70 

Current  expenses  3,400.00 

Travel  10,'50o!oO 

Equipment  500.00 

Total  $71,063.70 

Less  transfer  from  motor 

vehicle  department  4,000.00 

Net  appropriation  67  063.70 


662 


Chapter  339 


[1955 


Sanitary  engineering:  state 
Personal  services 
Current  expenses 
Travel 
Equipment 

Total 

Commission  on  alcoholism : 
Personal  services 
Current  expenses 
Travel 
Equipment 
Other  expenditures: 

Medical  and  other  expenses 

Total 

Less  estimated  revenue 

Net  appropriation 

Merit  system :  federal 
Other  expenditures: 
*  Participation,  examinations  and 
training 
*Less  estimated  revenue 


$48,702.10 

3,300.00 

6,100.00 

350.00 


$32,862.70 

45,000.00 

1,500.00 

200.00 

2,000.00 

$81,562.70 
6,800.00 


58,452.10 


74,762.70 


$3,450.00 
3,450.00 


Net  appropriation  0.00 

t  This  item  may  be  expended  only  if  federal  funds  are  available 
restricted  to  this  purpose,  or  if  the  total  received  from  federal  funds  for 
this  division  shall  exceed  $75,755.00  and  said  excess  is  available  for 
crippled  children's  services,  or  if  the  board  of  health  finds  federal  funds 
are  not  required  in  other  items  and  such  funds  can  be  made  available  to 
this  item  without  detriment  to  other  programs.  In  no  event  shall  the 
expenditures  under  convalescent  care  and  clinics  exceed  the  sum  of 
$40,000.00. 

*  This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant.  If  the  federal  grant  exceeds  the  above  estimate,  such 
excess  may  be  expended  v^^ith  the  approval  of  the  governor  and  council 
for  said  purposes,  except  as  hereinabove  provided. 

Total  for  department  of  health : 

State  $645,419.15 

Federal  $251,337.50 

Less  estimated  revenue  251,337.50 


Net  appropriation 


0.00 


19^5]  Chapter  339 

For  barbers  board : 

Personal  services  $1,400.00 

Current  expenses  765.00 

Travel  1,400.00 


663 


Total  $3,565.00 

Less  revenue,  after  transfer  of 

$1,395.00  to  department  of 

health  3,565.00 


Net  appropriation  0.00 


For  cancer  commission : 

Personal  services  $22,080.00 

Current  expenses  99,550.00 

Travel  1,320.00 

Equipment  120.00 


Total  for  cancer  commission     $123,070.00 
Less  estimated  revenue  24,000.00 


Net  appropriation  $99,070.00 

For  board  of  chiropody : 
Personal  services  $145.00 

Current  expenses  45.00 


Total  $190.00 

Less  revenue  and  balance  190.00 


Net  appropriation  0.00 


For  board  of  hairdressers : 

Personal  services  $1,600.00 

Current  expenses  780  oo 

Travel  2,000.'oO 

Total  $4,380.00 


664  Chapter  339  [1955 

Less  revenue  after  transfer  of 
$2,425.00  to  department  of 
health  4,380.00 


Net  appropriation 

commissioi 
nedicine : 

snue 

0.00 

For  pharmacy  commission : 
Personal  services 
Current  expenses 
Travel 

$1,800.00 

575.00 

1,250.00 

Total  for  pharmacy 

For  board  of  registration  in  i 
Personal  services 
Current  expenses 
Travel 

1 

$1,000.00 

1,175.00 

500.00 

$3,625.00 

Total 

Less  estimated  reve 

$2,675.00 
2,675.00 

Net  appropriation  0.00 


For  insurance  department : 

Office  of  commissioner : 

Salary  of  commissioner 

$8,460.00 

Salary  of  deputy  commissioner 

7,400.00 

Other  personal  services 

29,395.27 

Current  expenses 

4,925.00 

Travel 

1,200.00 

Equipment 

365.00 

Total 

$51,745.27 

Rating  division : 

Personal  services 

$6,080.00 

Current  expenses 

825.00 

Travel 

400.00 

Equipment 

100.00 

Total  7,405.00 


1955] 


Chapter  339 


665 


Real  estate  division: 
Personal  services 
Current  expenses 
Travel 

Total 

Less  estimated  revenue 

Net  appropriation 

Total  for  insurance  department 

For  department  of  labor : 
Office  of  commissioner: 
Salary  of  commissioner 
Other  personal  services 
Current  expenses 
Travel 


$336.00 

300.00 

50.00 

$686.00 
686.00 


Total 

Inspections  division : 
Personal  services 
Current  expenses 
Travel 
Equipment 

Total 

Workmen's  compensation  division: 
Personal  services 
Current  expenses 
Travel 
Equipment 


$6,784.37 

7,910.00 

7,260.00 

500.00 


$29,611.50 

2,100.00 

7,100.00 

100.00 


$21,157.83 

2,400.00 

100.00 

300.00 


Total 

New  Hampshire  apprenticeship  council 


0.00 


$59,150.27 


$22,454.37 


38,911.50 


23,957.83 

100.00 


Total  for  department  of  labor 


$85,423.70 


666  Chapter  339  [1955 

For  public  welfare: 
Administration ; 

Board  of  public  welfare  $3,000.00 

Salary  of  commissioner  9,870.00 

Other  personal  services  153,826.45** 

Current  expenses  27,500,00 

Travel  6,000.00 

Equipment  800.00 

Other  expenditures: 
Personnel  division 

(merit  system)  2,299.33 

Employees  retirement  40,000,00 

Aid  to  disabled  persons  — 

physicians'  fees  250.00 


Total  $243,545.78 

Less  estimated  revenue  4,500.00 


Net  appropriation  $239,045.78 

**   This  amount  includes   $3,000.00   to   be  paid  to  department   of 
attorney  general  for  legal  services. 

State  services : 

Personal  services  $14,970.58 

Current  expenses  100.00 

Travel  1,000.00 

Equipment  125.00 


Total  16,195.58 

Field  services : 

Personal  services  $350,000.00 

Current  expenses  39,238.00 

Travel  30,675.00 

Equipment  2,500.00 


Total  422,413.00 

Blind  services : 

Personal  services  $15,506.00 

Current  expenses  900.00 

Travel  2,750.00 


1955] 


Chapter  339 


667 


Equipment 

Other  expenditures : 

Blind  education 

Sight  conservation 

Total 

Child  welfare  services: 
Personal  services 
Travel 

Other  expenditures : 
Educational  leave 
Conferences  and  institutes 

*  Total 

*Less  estimated  revenue 
(federal  grant) 

Net  appropriation 

Vocational  rehabilitation:  federal 
Personal  services 
Travel 

Other  expenditures : 
Case  services 

*Total 

*Less  estimated  revenue 

Net  appropriation 

Vocational  rehabilitation:  state 

Case  services 
Special  children's  fund 
John  Nesmith  fund 
Old  age  assistance: 

State's  share 

Less  estimated  revenue 

Net  appropriation 

Towns  and  counties 

Less  estimated  revenue 

Net  appropriation 


200.00 

28,900.00 
17,500.00 


$50,508.30 
10,000.00 

1,200.00 
697.00 

$62,405.30 

48,327.00 


$15,936.50 
1,750.00 

6,763.50 

$24,450.00 
24,450.00 


65,756.00 


14,078.30 


$775,416.13 
75,000.00 


$985,793.29 
985,793.29 


0.00 

$12,925.00 
5,000.00 
3,700.00 


700,416.13 


0.00 


668  Chapter  339  [1955 

*Federal  $2,181,963.74 

*Less  estimated  revenue  2,181,963.74 


Net  appropriation  ^'^^ 

Aid  to  dependent  children: 

State's  share  $761,630.70 

Less  estimated  revenue  65,000.00 


Net  appropriation  696,630.70 

♦Federal  $815,494.48 

*Less  estimated  revenue  815,494.48 


Net  appropriation  0.00 

Aid  to  needy  blind : 

State's  share  $107,076.15 

Less  estimated  revenue  1,500.00 


Net  appropriation  '  105,576.15 

♦Federal  $103,320.39 

*Less  revenue  103,320.39 


Net  appropriation  0.00 

Aid  to  permanently  and  totally  disabled : 

State's  share  $41,939.43 

Less  estimated  revenue  1,000.00 


Net  appropriation  40,939.43 

Towns  and  counties  $94,606.78 

Less  estimated  revenue  94,606.78 


Net  appropriation  0-00 

♦Federal  $133,758.88 

*Less  estimated  revenue  133,758.88 

Net  appropriation  0-00 

Old  age  assistance  to  aliens : 

Town  and  counties  $122,781.91 

Less  estimated  revenue  122,781.91 

Net  appropriation  0.00 


1955]  Chapter  339  669 

*Federal  $164,038.55 

*Less  estimated  revenue  164,038.55 


Net  appropriation  0.00 

Medical  pools : 

Old  age  assistance: 

State's  share  354,120.00 

Towns  and  counties  $182,160.50 

Less  estimated  revenue  182,160.50 

Net  appropriation  0.00 

*Federal  $192,361.48 

*Less  estimated  revenue  192,361.48 

Net  appropriation  0.00 

Aid  to  dependent  children  : 

State's  share  170,485.20 

*I^ederal  $29,614.80 

*Less  estimated  revenue  29,614.80 

Net  appropriation  0.00 

Aid  to  needy  blind  : 

State's  share  23,615.28 

"Federal  $6,052.16 

*Less  estimated  revenue  6,052.16 

Net  appropriation  0.00 

Aid  to  permanently  and  totally  disabled : 

State's  share  15,984.00 

Towns  and  counties  $13,678.24 

Less  estimated  revenue  13,678.24 

Net  appropriation  '  q  qq 

"Federal  $9,418.44 

*Less  estimated  revenue  9,418.44 

Net  appropriation  """                            0.00 
Old  age  assistance  to  aliens : 

Towns  and  counties  $51,682.18 

Less  estimated  revenue  51,682.18 

Net  appropriation  0.00 


670 


Chapter  339 


[1955 


*  Federal 

Less  estimated  revenue 

Net  appropriation 


$22,573.82 
22,573.82 


0.00 


*  This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant.  If  the  federal  grant  exceeds  the  above  estimate  such 
excess  may  be  expended  with  approval  of  the  governor  and  council  for 
said  purposes. 

For  the  period  ending  June  .30,  1957,  the  share  which  a  county  or 
town  must  reimburse  the  state  for  aid  to  totally  and  permanently  dis- 
abled persons  for  which  such  county  or  town  is  liable  shall  be  thirty-five 
per  cent.  Provisions  of  the  law  inconsistent  with  the  provision  hereof  are 
hereby  suspended  until  June  30,  1957. 

Total  for  public  welfare  $2,886,880.55 

Less  transfer  re  administration 

from  federal  grant  206,476.16 

Net  appropriation  $2,680,404.39 


For  veterans'  council: 
Personal  services 
Current  expenses 
Travel 

Other  expenditures: 
veterans  burials 


$10,400.00 

735.00 

2,800.00 

5,000.00 


Total  for  veterans'  council 


$18,935.00 


For  recreation  division  (forestry  and  recreation) 


Salary  of  director 

$8,020.00 

Salary  of  assistant  director 

6,445.00 

Other  personal  services 

491,571.54 

Current  expenses 

145,007.55 

Travel 

7,943.78 

Equipment 

11,781.02 

Other  expenditures : 

Employees  retirement 

$8,078.42 

Awards  and  indemnities 

2,288.89 

Prison  progi^am 

6,530.05 

1955]  Chapter  339  671 

Recreational  facilities  bonds, 

issue  of  1951  15,000.00 

Recreational  areas  bonds, 

issue  of  1954  13,000.00 

Recreational  facilities  bonds, 

issue  of  1954  45,000.00 

Mt.  Sunapee  Tramway  bonds  25,000.00 

Interest  on  bonds  14,333.75 


Total  129,231.11 


Total  for  recreation  $800,000.00 

Less  revenue  and  balance  800,000.00 


Net  appropriation  0.00 

In  this  appropriation  any  revenue  in  excess  of  the  estimate  shall  be 
available  for  such  further  expenditures  as  the  governor  and  council  shall 
approve. 

In  purchasing  supplies  for  resale  under  this  division,  preference  shall 
be  given  to  the  purchase  of  products  (1)  manufactured  in  New  Hamp- 
shire, and  (2)  products  distributed  by  resident  persons,  firms,  or  corpora- 
tions, in  that  order. 

The  forestry  and  recreation  division  shall  not  charge  admission  for 
any  children  of  New  Hampshire  residents  living  within  ten  mles  of  the 
Wellington  State  Park  who  are  under  the  age  of  sixteen  years.  New 
Hampshire  residents  living  within  ten  miles  who  are  sixteen  and  older 
shall  be  admitted  at  a  special  lower  rate  of  admission  to  be  based  on  the 
operating  cost  of  the  said  park  for  the  previous  year. 


For  secretary  of  state: 
Oflfice  of  secretary: 

Salary  of  secretary  $8,080.00 

Salary  of  deputy  secretary  6,960.00 

Other  personal  services  27,360.00 

Current  expenses  2,300.00 

Travel  850.00 

Equipment  150.00 

Other  expenditures : 

Preservation  of  state  and 

provincial  records  500.00 

Total  $46,200.00 


672  Chapter  339  [1955 


2                                 Chapter  339 

Elections : 

Personal  services 

$5,500.00 

Current  expenses 

44,040.00 

Travel 

500.00 

Total 

Photostat  division : 

Personal  services 

$3,460.00 

Current  expenses 

1,420.00 

Equipment 

83.00 

50,040.00 


Total  4,963.00 


Total  for  secretary  of  state  $101,203.00 

For  board  of  accountancy: 


Personal  services 

$250.00 

Current  expenses 

450.00 

Travel 

lOO.OO 

Total 

$800.00 

Less  revenue  and  balance 

800.00 

Net  appropriation 

0.00 

For  chiropractic  examiners : 

Personal  services 

$700.00 

Current  expenses 

300.00 

Travel 

500.00 

Total  for  chiropractic  examiners 

$1,500.00 

For  board  of  optometry : 

Personal  services 

$450.00 

Current  expenses 

180.00 

Travel 

235.00 

Total  for  board  of  optometry 

$865.00 

1955]  Chapter  339  673 

For  state  library: 
Administration : 

Salary  of  librarian  $6,780.00 

Salary  of  assistant  librarian  5,780.00 

Other  personal  services  80,353.58 

Current  expenses  8,000.00 

Travel  600.00 

Equipment  16,500.00 
Other  expenditures: 

Library  electric  service  changes        2,700.00 


Total 

$120,713.58 

Extension : 

Current  expenses 

$3,500.00 

Travel 

2,500.00 

Equipment 

10,680.00 

Other  expenditures: 

Summer  institute 

300.00 

Total 

16,980.00 

State  aid  —  books  and  supplies 

1,500.00 

Total  for  state  library 

,  $139,193.58 

For  state  police : 

Salary  of  superintendent 

$8,400.00 

Other  personal  services 

356,045.21 

Current  expenses 

30,600.00 

Travel 

86,500.00 

Equipment 

50,000.00 

Other  expenditures : 

Retirement 

19,000.00 

Total  for  state  police  $550,545.21 

Lfess  transfer  from  highway 

fund  467,963.43 


Net  appropriation  $82,581.78 


674  Chapter  339  [1955 

For  state  treasury: 
Office  of  the  treasurer : 

Salary  of  treasurer  $7,900.00 
Salary  of  deputy  5,995.00 

Other  personal  services  53,717.50 

Current  expenses  13,243.50 
Travel  300.00 

Equipment  3,000.00 

Other  expenditures  —  audit  2,000.00* 


Total  $86,156.00 

*  The  legislative  budget  assistant  shall  designate  a  certified  public 
accountant,  not  employed  in  state  service,  to  make  the  annual  audit  of 
the  state  treasury  and  said  legislative  budget  assistant  may  accept  the 
findings  and  report  of  said  certified  public  accountant  as  fulfilling  the 
provisions  of  section  12-a,  chapter  23  (paragraph  II,  section  31,  chapter 
14,  RSA)  of  the  Revised  Laws,  whereby  the  said  legislative  budget 
assistant  is  required  to  audit  the  accounts  of  the  state  treasurer. 

Highway  division: 


Personal  services 

$9,292.50 

Current  expenses 

5,380.00 

Total 

$14,672.50 

Less  transfer  from  highway 

fund 

14,672.50 

Net  appropriation 

0.00 

Bounties 

1,000.00 

T"rust  funds 

37,095.27 

Expense  re  head  tax 

100.00 

Reimbursement  to  towns 

130,000.00 

Total  for  treasury  $154,351.27 


t  No  part  of  this  appropriation  shall  be  transferred  to  any  other 
account. 

For  industrial  school : 
Administration : 

Salary  of  superintendent  $7,085.00 

Salary  of  deputy  superintendent  5,400.00 

Other  personal  services  13,242.50 


1955]  CHAPTER  339  675 

Current  expenses  3,525.00 

Travel  885.00 

Equipment  160.00 


Total 

$30,297.50 

Instructions : 

Personal  services 

$28,027.50 

Current  expenses 

1,500.00 

Equipment 

310.00 

Total  29,837.50 

Custodial  care : 

Personal  services  $127,210.41 

Current  expense  53,475.00* 

Equipment  1,500.00 


Total  182,185.41 

*  In  this  appropriation  $19,875.00  shall  be  for  products  used  from 
the  institution's  farm.  No  part  of  this  amount  shall  be  transferred  to  any 
other  appropriation  or  expended  for  any  other  purpose. 


iixiliary  to  custodial  care : 

Personal  services 

$2,200.00 

Current  expenses 

60.00 

Travel 

150.00 

Total  2,410.00 

Operation  of  plant : 

Personal  services  $10,036.08 

Current  expenses  27,490.00 

Other  expenditures : 

1/2  ton  pickup  truck  1,400.00 


Total  38,926.08 

Maintenance  of  plant : 

Personal  services  $21,808.32 

Current  expenses  5,110.00 

Equipment  532.00 

Total  27,450.32 


676 


Chapter  339 


[1955 


Agriculture : 

Personal  services 
Current  expenses 
Equipment 


$11,203.24 

15,682.50 

264.00 


Total 

$27,149.74 

Less  credit 

transfer 

$19,875.00 

Less  estimated 

revenue 

8,025.00 

27,900.00 

Net  reduction 

—750.26 

Boys'  and  girls'  benefit  fund : 

Current  expenses 

3,800.00 

Parole : 

Personal  services 

$15,945.00 

Current  expenses 

300.00 

Travel 

1,700.00 

Equipment 

70.00 

Total 

Total  for  industrial  school 
Less  revenue  (maintenance) 

Net  appropriation 


18,015.00 

$332,171.55 
9,500.00 

$322,671.55 


For  Laconia  state  school: 

Administration : 

Salary  of  superintendent 

$8,175.00 

Other  personal  services 

29,609.96 

Current  expenses 

1,815.00 

Travel 

1,500.00 

Equipment 

125.00 

Total 

$41,224.96 

1955]  Chapter  339  677 

Professional  care  and  treatment: 

Personal  services  $316,778.70 
Current  expenses  9,650.00 

Travel  310.00 

Equipment  1,350.00 


Total  328,088.70 

Custodial  care : 

Personal  services  $102,812.55 

Current  expenses  200,000.00t 

Travel  25.00 

Equipment  6,000.00 


Total  308,837.55 

t  In  this  appropriation  $74,000.00  shall  be  for  products  used  from 
the  institution's  farm,  and  no  part  of  said  sum  shall  be  transferred  to  any- 
other  appropriation  or  expended  for  any  other  purpose. 

Operation  of  plant: 

Personal  services  $38,087.67 

Current  expenses  63,000.00$ 

Equipment  300.00 


Total  101,387.67 

t  In  this  appropriation  $2,000.00  shall  be  for  lumber  used  from  the 
institution's  fann.  No  part  of  this  amount  shall  be  transferred  to  any 
other  appropriation  or  expended  for  any  other  purpose. 

Maintenance  of  plant : 

Personal  services  $19,276.36 

Current  expenses  14,065.00 

Equipment  1,500.00 

Other  expenditures : 

Care  of  grounds,  snow  removal, 

etc.  22,000.00*** 


Total  56,841.36 

***  This  appropriation  shall  be  for  supplies,  work  and  services 
received  from  the  institution's  farm.  No  part  of  this  amount  shall 
be  transferred  to  any  other  appropriation  or  expended  for  any  other 
purpose. 


678  Chapter  339  [1955 

Agriculture : 

Personal  services  $48,078.41t 

Current  expenses  46,000.00 

Travel  25.00 

Equipment  750.00 


Total  $94,853.41 

Less  transfer 

credits  $98,000.00 

Less  revenue  9,500.00 

107,500.00 


Net  reduction  —12,646.59 


t  Under  this  division  of  the  Laconia  State  School  there  shall  at  no 
time  be  more  than  twelve  permanent  full  time  personnel.  Of  this  appro- 
priation the  sum  of  $7,500.00  m.ay  be  expended  for  temporary  seasonal 
personnel. 

Total  for  Laconia  state  school  $823,733.65 

Less  refunds  (maintenance)  23,500.00 


Net  appropriation  $800,233.65 


For  prison  industries: 

Personal  services  $69,926.51 

Current  expenses  144,835.00 

Travel  300.00 

Equipment  2,000.00 


Total  $217,061.51 

*Less  estimated  revenue  217,061.51 


Net  appropriation  0.00 

*  In  the  above  appropriation  any  revenue  in  excess  of  the  estimate 
shall  be  available  for  such  further  expenditure  as  the  governor  and 
council  shall  approve. 


For  soldiers'  home: 

Office  of  commandant:  state 

Salary  of  commandant  $4,436.00 

Other  personal  services  3,625.10 

Total  $8,061.10 


1955]  Chapter  339  679 

Professional  care  and  treatment:  state 

Personal  services  17,684.08 

Custodial  care :  state 

Personal  services  17,085.00 

Operation  of  plant :  state 

Personal  services  14,334.34 

Operation  and  maintenance  of  plant: 
federal : 
Current  expenses  $22,210.00 

Travel  255.00 

Equipment  100.00 

Other  expenditures  — 

snow  ploughing,  refuse  dis- 
posal, extermination  services, 
repairs  to  buildings,  and  re- 
newal of  water  main  2,340.00 


Total  $24,905.00 

Less  revenue  and  balance  24,905.00 


Net  appropriation  0.00 


Total  for  soldiers'  home  $57,164.52 

Less  refunds  (maintenance)  2,700.00 


Net  appropriation  $54,464.52 


For  state  hospital: 
Administration : 

Salary  of  superintendent  $10,138.08 
Salary  of  assistant  superintendent        8,805.00 

Other  personal  services  83,965.58 

Current  expenses  23,917.95 

Travel  2,900.00 

Equipment  300.00 

Total  $130,026.61 


680  Chapter  339  [1955 

Professional  care  and  treatment: 
Salary  of  director  of  psychiatric 

education  and  research  $7,383.00 

Salary  of  director  of  correctional 

psychiatry  7,383.00 

Salary  of  director  of  clinical 

services  8,346.00 

Salary  of  director  of  out-patient 

services  7,383.00 

Other  personal  services  1,672,235.10 

Current  expenses  64,820.00 

Travel  4,200.00 

Equipment  7,000.00 


Total  1,778,750.10 

Custodial  care: 

Personal  services  $474,470.67 

Current  expenses  649,422.15* 

Travel  75.00 

Equipment  3,000.00 


Total  1,126,967.82 

*  In  this  appropriation  $120,500.00  shall  be  for  products  used  from 
the  institution's  farm.  No  part  of  this  amount  shall  be  transferred  to  any 
other  appropriation  or  expended  for  any  other  purpose. 

Operation  of  plant: 

Personal  services  $155,834.69 

Current  expenses  229,690.00 

Travel  100.00 

Equipment  3,800.00 


Total  389,424.69 

Maintenance  of  plant: 

Personal  services  $168,844.75 

Current  expenses  88,474.00 

Equipment  2,500.00 

Total  259,818.75 


1955]  Chapter  339 

Agriculture : 

Personal  services  $54,011.35 

Current  expenses  59,000.00 

Travel  50.00 

Equipment  3,600.00 


681 


Total 

$116,661.35 

Less  transfer 

credit 

$120,500.00 

Less  revenue 

3,200.00 

1^^  7nn  r\Ci 

Net  reduction  —7,038.65 


Total  for  state  hospital  $3,677,949.32 

Less  refunds  (maintenance)  71,000.00 


Net  appropriation  $3,606,949.32 


For  state  prison: 
Administration : 

Salary  of  warden  $7,085.00 

Other  personal  services  11,960.00 

Current  expenses  1,350.00 

Travel  1,150.00 

Equipment  265.00 


Total  $21,810.00 

Instruction : 

Personal  services  3,600.00 

Custodial  care: 

Salary  of  deputy  warden  $5,355.00 

Other  personal  services  151,721.73 

Current  expenses  89,485.00* 

Equipment  781.00 


682 


Chapter  339 


[1955 


Other  expenditures: 
Custody  of  certain  inmates 


5,000.00** 


Total  252,342.73 

*  In  this  appropriation  $19,250.00  shall  be  for  products  used  from 
the  institution's  farm.  No  part  of  this  amount  shall  be  transferred  to  any 
other  appropriation  or  expended  for  any  other  purpose. 

**  This  appropriation  shall  be  available  for  the  custody  of  un- 
manageable inmates  in  out-of-state  institutions  or  federal  penitentiaries 
when  no  suitable  institutions  exist  in  New  Hampshire.  Any  payments  out 
of  this  appropriation  shall  be  made  with  the  approval  of  the  governor  and 
council.  This  fund  may  also  be  used  for  such  inmates  who  have  been  sent 
to  such  out-of-state  institutions  from  the  Laconia  state  school,  the  in- 
dustrial school  and  the  state  hospital.  No  part  of  this  appropriation  shall 
be  expended  for  any  other  purpose. 

Auxiliary  to  prison  care  and  custody : 


Personal  services 

$6,000.00 

Current  expenses 

3,750.00 

Other  expenditures : 

Awards  —  gate  moi 

ley 

1,600.00 

Total 

11,350.00 

Operation  of  plant: 

Personal  services 

16,624.32 

Maintenance  of  plant: 

Current  expenses 

$8,555.00 

Other  expenditures: 

Boiler  and  sprinkler  inspection 

50.00 

Tarring  driveway 

200.00 

Total 

8,805.00 

Agriculture : 

Personal  services 

$11,437.88 

Current  expenses 

17,685.00 

Equipment 

2,800.00 

Other  expenditures: 

Slaughtering,  cutting  and 

curing  meat 

1,000.00 

Registration  fees 

- 

75.00 

Total 

$32,997.88 

Less  transfer 

credit 

$19,250.00 

Less  revenue 

15,500.00 

34,750.00 

Net  reduction 

—1,752.12 

•5]                              Chapter  339 

683 

'arole : 
Personal  services 

$19,075.00 

Current  expenses 

800.00 

Travel 

3,000.00 

Equipment 

135.00 

Total 

23,010.00 

Total  for  state  prison 

$335,789.93 

Less  estimated  revenue 

$2,275.00 

Less  refunds  (maintenance) 

2,154.60 

Less  transfer  from  prison 

industries 

5,000.00 

f)  ^'^Q  60 

Net  appropriation 

$326,360.33 

For  state  sanatorium: 
Administration : 

Salary  of  superintendent  $8,175.00 

Other  personal  services  ll,853.05t 

Current  expenses  .  1,720.00 

Travel  1,350.00 

Equipment  575.00 


Total  $23,673.05 

t  Of  this  amount  the  sum  of  $1,000.00  shall  be  paid  to  the  super- 
intendent, in  addition  to  his  regular  salary,  for  extra  work  in  connection 
with  out-patient  services. 

Professional  care  and  treatment: 

Personal  services  $103,991.82 

Current  expenses  22,020.00 

Equipment  1,635.00 
Other  expenditures: 

Other  hospitalization  — 

board  and  care  30,000.00 

Total  157,646.82 


684 


Chapter  339 


[1955 


Custodial  care : 
Personal  services 
Current  expenses 
Equipment 

Total 


$56,759.82 
45,725.00* 
205.00 


102,689.82 


*  In  this  appropriation  $8,660.00  shall  be  for  products  used  from 
the  institution's  farm.  No  part  of  this  amount  shall  be  transferred  to  any 
other  appropriation  or  expended  for  any  other  purpose. 


Operation  of  plant: 
Personal  services 
Current  expenses 
Equipment 
Other  expenditures : 

Cutting  wood  for  institutional 
buildings 

Total 

Maintenance  of  plant: 
Personal  services 
Current  expenses 
Equipment 

Total 

Agriculture : 

Personal  services 
Current  expenses 

Total 

Less  transfer  credit    $8,660.00 

Less  estimated 

revenue  5,560.00 


$42,426.36 

21,911.00 

275.00 


1,000.00 


$1,200.00 

2,000.00 

350.00 


$8,609.92 
5,340.00 

$13,949.92 


14,220.00 


Net  reduction 

Total  for  state  sanatorium 
Less  refunds  (maintenance) 


65,612.36 


3,550.00 


-270.08 


$352,901.97 
14,500.00 


Net  appropriation 


$338,401.97 


1955]  Chapter  339  685 

For  University  of  New  Hampshire:  * 
University  of  New  Hampshire 

fund  $1,879,994.22 

Extension  work  in  counties  72,000.00 


Total  for  University  of 

New  Hampshire  $1,951,994.22 

*  It  is  estimated  that  the  income  received  by  the  university  from 
tuition  charges  will  be  $1,072,000.00  for  the  year.  In  case  this  amount 
of  income  from  this  source  is  not  received  the  state's  appropriation  for 
the  university  will  be  increased  by  such  sum,  not  in  excess  of  $50,000.00, 
as  represents  the  difference  between  $1,072,000.00  and  the  amount 
actually  received  from  tuition  charges.  Such  provisions  of  section  22,  of 
chapter  222,  Revised  Laws  (section  28,  chapter  187,  RSA)  as  may  be 
inconsistent  with  the  provisions  of  this  note  are  hereby  suspended  for 
the  fiscal  year  ending  June  30,  1957.  The  provisions  of  section  18,  chap- 
ter 222,  Revised  Laws  (section  24,  chapter  187,  RSA)  are  suspended  for 
the  fiscal  year  ending  June  30,  1957. 


For  board  of  education : 
Administration : 

Salary  of  commissioner  $9,995.00 

Other  personal  services  104,029.38 

Current  expenses  14,000.00 

Travel  7,500.00 

Equipment  2,600.00 
Other  expenditures: 

Rentals  (I.B.M.)  1,100.00 

Curriculum  development  1,000.00 


Total  $140,224.38 

Foundation  aid: 

State  aid  to  school  districts  $l,200,000.00't 
Transportation,  board,  tuition  6,000.00 


Total  1,206,000.00 

t   See  under  area  vocational  schools. 

State- wide  supervision : 

Personal  services  (net)  $177,478.00t 

Other  expenditures: 

Superintendents'  conference  2,000.00 


Total  179,478.00 

t   See  limitations  as  set  forth  in  footnote  under  net  appropriation 
for  board  of  education. 


686  Chapter  339  [1955 

Smith-Hughes:  state 

Personal  services  $7,127.00 

Current  expenses  200.00 

Travel  1,000.00 

8,327.00 


Total 

Smith-Hughes:  federal 

Personal  services 

$7,127.00 

Current  expenses 

200.00 

Travel 

1,000.00 

Other  expenditures : 

Reimbursement  for  salaries 

and  travel  of  teach^ 

ers 

24,199.50 

Total 

$32,526.50* 

Less  estimated  rev 

enue 

32,526.50 

Net  appropriation 

Vocational  rehabilitation : 

state 

Current  expenses 

$27,600.00 

Travel 

300.00 

Equipment 

800.00 

Total 

Vocational  rehabilitation: 

federal 

Personal  services 

$25,361.54 

Current  expenses 

26,911.46 

Travel 

4,000.00 

Equipment 

800.00 

Other  expenditures : 

Retirement 

1,200.00 

Total 

$58,273.00* 

*Less  estimated  reven 

ue 

58,273.00 

Net  appropriation 

George-Barden :  state 

Personal  services 

$11,541.30 

Current  expenses 

507.00 

Travel 

1,500.00 

0.00 


28,700.00 


0.00 


Total  13,548.30 


1955]  Chapter  339  687 

George-Barden :  federal 

Personal  services  $11,741.30 

Current  expenses  507.00 

Travel  2,500.00 

Other  expenditures : 
Reimbursement  for  salaries 

and  travel  of  teachers  120,251.70 


Total 

*Less  estimated  revenue 

$135,000.00* 
135,000.00 

Net  appropriation 

N.  H.  technical  institute  — 
Manchester  : 
Personal  services 
Current  expenses 
Travel 
Equipment 

$110,210.89 

29,150.00 

350.00 

9,000.00 

Total 
**Less  cafeteria  revenue 

$148,710.89 
6,000.00 

Net  appropriation 

N.  H.  technical  institute  — 
Portsmouth : 
Personal  services 
Current  expenses 
Travel 
Equipment 

$1 

$61,510.30 

21,000.00 

500.00 

5,000.00 

Total 
**Less  cafeteria  revenue 

$88,010.30 
5,000.00 

0.00 


$142,710.89 


Net  appropriation  83,010.30 

**   Revenue  received  in  excess  of  above  estimates  shall  be  available 
for  further  cafeteria  expenditures. 


!8                                  Chapter  339 

N.  H.  technical  institute  — 
Concord  office : 
Personal  services 
Current  expenses 
Travel 
Equipment 

$6,030.00 

1,600.00 

900.00 

175.00 

Total 

Veterans'  educational  services :  state 
Current  expenses 
Equipment 

$1,575.00 
125.00 

Total 

Veterans'  educational  services :  federal 

Personal  services                                 $12,292.30 
Travel                                                       1,900.00 

Total 

Less  estimated  revenue 

$14,192.30* 
14,192.30 

Net  appropriation 

School  lunch  program:  state 
Personal  services 
Current  expenses 
Travel 
Equipment 

$12,139.50 

400.00 

1,200.00 

150.00 

Total 

School  lunch  program :  federal 
Other  expenditures: 
Reimbursements  to  school 
districts 
Less  estimated  revenue 

$215,000.00* 
215,000.00 

Net  appropriation 
Education  of  the  deaf: 
Current  expenses 
Travel 

$70,000.00 
350.00 

[1955 


8,705.00 


1,700.00 


0.00 


13,889.50 


0.00 


1955]  Chapter  339  689 

Equipment  300.00 


Total  $70,650.00 

fLess  transfer  from  Coos 

County  extension  fund  6,000.00 


Net  appropriation  64,650.00 

t  This  item  shall  be  a  charge  on  the  funds  received  by  the  state  from 
the  United  States  on  account  of  the  national  forests  in  unorganized 
places  as  provided  in  sections  22  and  25,  chapter  219,  RSA  and  such  parts 
of  said  sections  as  may  be  inconsistent  with  the  provisions  hereof  shall 
be  suspended  until  June  30,  1957. 


Area  vocational  schools : 

Personal  services 

$2,610.00 

Current  expenses 

300.00 

Travel 

200.00 

Other  expenditures : 

Reimbursement  to  school  districts 

47,000.00 

Total 

50,110.00 

**Less  transfer 

50,110.00 

Net  appropriation  0.00 

**  The  amount  of  $50,110.00  herein  provided  for  area  vocational 
schools  shall  be  a  charge  against  the  appropriation  provided  for  state  aid 
to  school  districts  and  the  state  board  of  education  is  authorized  to  dis- 
continue said  area  vocational  schools  if  it  shall  consider  it  desirable  to 
do  so. 

Keene  teachers  college : 

Salary  of  president  $8,520.00 

Other  personal  services  418,130.55 

Current  expenses  176,760.00 

Travel  6,000.00 

Equipment  20,000.00 
Other  expenditures : 

Scholarships  25,000.00t 

Teachers'  retirement  4,000.00 

Total  $658,410.55 


690  Chapter  339  [1955 

Plymouth  teachers  college : 

Salary  of  president  $8,175.00 

Other  personal  services  356,362.85$ 

Current  expenses  120,000.00 

Travel  3,000.00 

Equipment  14,490.00 
Other  expenditures: 

Scholarships  15,000.00t 

Teachers'  retirement  4,900.00 


Total  521,927.85 

t  It  shall  be  a  condition  precedent  to  granting  a  scholarship  to  a 
person  attending  the  teachers  college  that  said  person  shall  sign  an  agree- 
ment that  after  graduation  he  will  teach  in  the  state  for  as  many  years 
as  he  was  the  recipient  of  said  scholarship  and  that  if  he  shall  not  so 
teach  for  the  required  number  of  years  he  will  reimburse  the  state  for 
the  amount  of  scholarship  aid  he  received. 

J  A  position  of  pipefitter  is  authorized  within  the  amount  of  this 
appropriation. 

Scholarships  —  world  war  orphans 

(As  provided  by  RSA  193 :  19)  2,700.00 

Board  of  nurse  examiners: 

Personal  services  $10,672.90 

Current  expenses  2,875.00 

Travel  450.00 
Other  expenditures: 

Retirement  666.70 


Total  $14,664.60 

Less  revenue  and  balance  14,664.60 


Net  appropriation  0.00 


Total  for  board  of  education  $3,073,981.77 

Less  estimated  revenue  911,266.00 


Net  appropriation  $2,162,715.77 


*   This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant. 

In  addition  to  the  above  appropriation  said  department  shall  receive 


1955]  Chapter  339  691 

for  disbursement  any  excess  over  estimates  in  the  income  of  the  teachers' 
colleges'  dormitories  and  practice  schools,  and  revenue  fi'om  tuitions  re- 
ceived by  the  Manchester  and  Portsmouth  technical  institutes.  No  nursery 
school  program  shall  be  allowed  at  either  Keene  or  Plymouth  teachers 
colleges,  and  no  funds  out  of  this  appropriation  or  any  other  available 
funds  shall  be  used  for  this  purpose. 

In  addition  to  the  above  appropriation  said  department  shall  receive 
for  disbursement  sums  paid  by  school  districts  for  the  additional  salaries 
of  superintendents  under  the  provisions  of  section  44,  chapter  135,  Re- 
vised Laws  (section  44,  chapter  189,  RSA).  The  appropriation  to  cover 
the  state's  share  for  personal  services  for  state-wide  supervision  is  at  the 
same  rates  of  compensation  as  for  the  fiscal  year  1954-1955.  All  helping- 
teacher  positions  hereinafter  established  shall  be  only  after  a  majority 
vote  in  each  of  the  school  districts  in  the  supervisory  union  requesting 
the  establishment  of  the  position  of  helping  teacher  at  their  respective 
annual  school  district  meetings.  Any  unexpended  balance  of  the  appro- 
priation by  the  state  for  this  purpose  being  revenue  from  the  so-called 
per  capita  tax  as  provided  by  section  12,  chapter  194,  RSA  which  is  in 
excess  of  the  amount  expended  for  such  supervision  shall  be  paid  over 
by  the  state  treasurer  to  each  school  district  in  proportion  to  the  total 
receipts  from  said  school  district.  Any  provisions  of  paragraph  XXIII, 
section  11,  chapter  186,  ESA  inconsistent  with  the  provisions  of  this  foot- 
note are  hereby  suspended  until  June  30,  1957. 

For  board  of  fire  control : 

Salary  of  state  fire  marshal  $5,995.00 

Other  personal  services  11,429.06 

Current  expenses  1,973.00 

•  Travel                       '  3,550.00 


Total  $22,947.06 


For  board  of  probation : 

Salary  of  director  $6,315.00 

Other  personal  services  110,626.83 

Current  expenses  8,900.00 

Travel  11,000.00 

Equipment  500.00 

Total  $137,341.83 


For  water  resources  board : 

Salary  of  chairman  $6,505.00 

Other  personal  services  25,749.40 


2                                  Chapter  339 

Current  expenses 

Travel 

Equipment 

Other  expenditures: 

Dams  in  disrepair  (construction) 

1,510.00 

2,325.00 

175.00 

10,000.00 

[1955 

Total 

Stream  flow  gauging : 
Personal  services 

$46,264.40 
11,925.00 

Connecticut  river  valley  flood 
control  commission : 
Other  expenditures : 

Per  diems  and  expenses  of  N.  H. 

commission  $1,000.00 

State's  contribution  to 

commission  1,000.00 


Total  2,000.00 


Total  for  water  resources  board  $60,189.40 

Less  transfer  from  highway         $4,500.00 
*Less  transfer  from  Pittsburg 

project  5,000.00 

9,500.00 


Net  appropriation  $50,689.40 


*   Transferred  by  vote  of  the  directors. 

For  aeronautics  commission : 

Salary  of  director  $6,900.00 

Other  personal  services  11,792.90 

Current  expenses  2,200.00 

Travel  1,400.00 

Equipment  100.00 


Total  $22,392.90 

Less  estimated  revenue  2,700.00 


Net  appropriation  $19,692.90 


1955]  Chapter  339  693 

*Airways  toll  fund  $7,800.00 

Less  transfers  and  balance  7,800.00 


Net  appropriation  0.00 


Total  for  aeronautics  commission  $19,692.90 


*   Expenditures  shall  not  exceed  existing  balances  plus  revenue. 

For  bank  commissioner: 

Salary  of  commissioner  $8,640.00 

Salary  of  deputies  (two)  12,920.00 

Other  personal  services  61,833.43 

Current  expenses  5,637.00 

Travel  9,700.00 

Equipment  900.00 
Other  expenditures : 

Retirement  5,104.28 


Total  for  bank  commissioner   $104,734.71 
*Less  revenue  96,094.71 


Net  appropriation  $8,640.00 


*  The  bank  commissioner  shall  collect  from  the  institutions,  the 
condition  and  management  of  which  he  is  required  to  examine  under  the 
provisions  of  section  8  of  chapter  307  of  the  Revised  Laws,  (sec- 
tion 9,  chapter  383,  RSA)  as  the  cost  of  such  examination,  the  sum  of 
$96,094.71  for  the  fiscal  year  ending  June  30,  1957,  and  each  such  in- 
stitution shall  pay  to  the  state  within  thirty  days  after  receipt  by  it  of 
notice  of  assessment  such  proportion  of  the  said  stated  sum  so  collectible 
as  its  assets  bear  to  the  total  assets  of  all  such  institutions  as  shown  by 
their  reports  to  the  bank  commissioner  as  of  the  thirtieth  day  of  June 
preceding  such  payments;  provided,  however,  the  sum  to  be  paid  by  each 
such  institution  shall  not  be  less  than  the  following: 

Savings  bank  or  trust  company  $50 

Building  and  loan  association  $25 

Credit  union  $15 

Small  loan  licensee  $10 

Miscellaneous  institution  $25 

and  any  amount  collected  under  the  provisions  of  this  minimum  assess- 
ment in  excess  of  the  state  assessment  together  with  said  stated  assess- 
ment amounts  shall  be  credited  to  the  appropriation  for  the  bank 
commissioner. 


694  Chapter  339  [1955 

For  liquor  commission: 
Liquor  administration : 
One-half  salary  of  three 

commissioners  $11,644.50 

Other  personal  services  80,607.87 

Current  expenses  23,225.00 

Travel  1,750.00 

Equipment  1,000.00 

Other  expenditures: 

retirement  5,500.00 


Total  $123,727.37 

Beer  administration: 
One-half  salary  of  three 

commissioners  $11,644.50 

Other  personal  services  75,594.91 

Current  expenses  8,375.00 

Travel  24,000.00 

Equipment  1,000.00 

Other  expenditures  —  retirement  5,400.00 


Total  126,014.41 

Liquor  enforcement: 

r*ersonal  services  $16,711.66 
Current  expenses  140.00 

Travel  5,500.00 

Other  expenditures  —  retirement         1,200.00 


Total  23,551.66 

Stores  operations: 

Personal  services  $609,681.50 

Current  expenses  200,500.00 

Travel  8,500.00 

Equipment  7,500.00 

Other  expenditures  —  retirement  35,471.69 

Total  861,653.19 


1955]  Chapter  339                                  695 

Warehouse : 

Personal  services  $71,997.60 

Current  expenses  18,875.00 

Travel  25.00 

Equipment  1,800.00 

Other  expenditures  —  retirement  4,200.00 


Total  96,897.60 


Total  for  liquor  commission  $1,231,844.23 

Less  revenue  1,231,844.23 


Net  appropriation  0.00 


For  planning  and  development  commission: 

Salary  of  executive  director  $8,062.50 

Other  personal  services  108,437.50 

Current  expenses  82,500.00 

Travel  8,750.00 

Equipment  1,252.15 
Other  expenditures: 

*Regional  associations  21,000.00 

Eastern  states  exposition  8,000.00 


Total  for  planning  and 

development  commission        $238,002.15 
Less  estimated  revenue  1,200.00 


Net  appropriation  $236,802.15 

*  This  appropriation  shall  be  administered  by  the  state  planning  and 
development  commission  for  the  aid  of  regional  development  associations. 
Not  more  than  $3,500.00  may  be  allotted  by  the  commission  to  any  one 
regional  association  whose  bounds,  form  of  organization  and  program 
shall  first  have  been  approved  by  the  commission.  Any  unexpended  por- 
tion of  this  appropriation  shall  lapse  and  shall  not  be  transferred  to  any 
other  state  appropriation. 

For  public  utilities  commission : 
Office  of  commission : 
Salary  of  three  commissioners  $26,050.00 

Other  personal  services  68,343.88 


696  Chapter  339  [1955 

Current  expenses  4,500.00 

Travel  2,250.00 

Equipment  600.00 


Total  $101,743.88 

Motor  carriers: 

Personal  services  $5,338.64 

Current  expenses  1,135.00 

Travel  600.00 


Total  $7,073.64 

*Less  revenue  and  balance  7,073.64 


Net  appropriation  0.00 

*  Any  revenue  and  balance  in  excess  of  $7,073.64  shall  be  available 
for  such  further  expenditure  as  provided  by  statute. 

Motor  boat  registration: 

Personal  services  $31,644.95 

Current  expenses  23,045.00 

Travel  6,500.00 
Other  expenditures: 

Boat  equipment  310.05 


Total  $61,500.00 

**Less  revenue  and  balance  61,500.00 


Net  appropriation  0.00 


Total  for  public  utilities  commission  $101,743.88 

**  Any  revenue  and  balance  in  excess  of  $61,500.00  shall  be  avail- 
able for  such  further  expenditure  as  provided  by  statute. 

For  racing  commission : 

Salary  of  three  commissioners  $6,000.00 

Other  personal  services  35,747.60* 
Current  expenses  2,500.00 

Travel  3,000.00 


1955]  Chapter  339  697 

Equipment  380.00 


Total  for  racing  commission        $47,627.60 
Less  revenue  47,627.60 


Net  appropriation  0.00 

*   Such  portion  of  this  amount  as  constitutes  the  compensation  of 

the  official  steward  or  associate  judge  of  the  state  racing  commission, 
shall  be  reimbursed  to  the  state  by  the  person,  association,  or  corporation 
conducting  the  race  or  meet. 

For  state  tax  commission: 
Office  of  commission : 

Salary  of  two  commissioners  $14,170.00 

Salary  of  secretary  8,520.00 

Other  personal  services  43,754.10 

Current  expenses  13,090.00 

Travel  12,000.00 

Equipment  1,392.00 


Total  $92,926.10 

Less  estimated  refunds  1,500.00 


Net  appropriation  $91,426.10 

Municipal  accounting : 

Personal  services  $41,920.90 

Current  expenses  1,500.00 

Travel  5,000.00 


Total  $48,420.90 

Less  estimated  revenue  24,000.00 

Net  appropriation  24,420.90 

Intangibles  tax: 

Personal  services  $15,830.50 

Current  expenses  1,800.00 

Travel  350.00 
Other  expenditures : 

Retirement  1,027.40 

Total  $19,007.90 

Less  estimated  revenue  19,007.90 

Net  appropriation  0.00 


698  Chapter  339  [1955 

Utilities  tax: 

Personal  services  $2,930.00 

Current  expenses  100.00 


Total 

$3,030.00 

Less  revenue 

3,030.00 

Net  appropriation 

Legacy  and  succession  tax : 

Personal  services 

$20,400.10 

Current  expenses 

1,488.00 

Travel 

100.00 

0.00 


Total  21,988.10 

Tobacco  products  tax : 

Personal  services  $26,877.60 

Current  expenses  15,965.00 

.  Travel  7,500.00 


Total  50,342.60 


Total  for  tax  commission  $188,177.70 


For  water  pollution  commission : 

Personal  services  $38,662.00 

Current  expenses  5,982.00 

Travel  7,100.00 

Equipment  667.00 


Total  $52,411.00 

New  England  Interstate  Water 

Pollution  Control  Commission : 
Personal  services  $1,000.00 

Current  expenses  1,150.00 

Travel  1,200.00 


Total  3,350.00 


Total  for  water  pollution  commission  $55,761.00 


1955]                               Chapter  339 

699 

For  civil  defense : 

Salary  of  director 

$4,905.00 

Other  personal  services 

7,612.90 

Current  expenses 

4,060.00 

Travel 

1,000.00 

Equipment 

5,000.00 

Other  expenditures: 

Training  at  federal  schools 

550.00 

Total 

$23,127.90 

Field  staff : 

Current  expenses 

$650.00 

Travel 

2,450.00 

Total 

3,100.00 

Total  for  civil  defense 

$26,227.90 

For  civil  air  patrol  —  current  expenses 

$6,000.00 

For  employees  retirement  system: 

Personal  services 

$19,587.00 

Current  expenses 

1,200.00 

Travel 

400.00 

Equipment 

70.00 

Other  expenditures : 

Normal  contribution  for 

general  employees 

204,200.00 

Total 

$225,457.00 

Less  estimated  revenue 

7,800.00 

Net  appropriation 

$217,657.00 

For  firemen's  retirement  system 

$50,000.00 

For  policemen's  retirement  system 

$59,000.00 

700 


Chapter  339 


[1955 


For  teachers'  retirement  system 
Personal  services 
Current  expenses 
Travel 
Equipment 
Other  expenditures: 
Normal  contribution 


$18,397.00 

1,760.00 

775.00 

215.00 

28'3,876.00 


Total  for  teachers' 

retirement 

system 

$305,023.00 

)r  mental  hygiene  and  child  guidance 

clinics:  state 

Secretary  of  director 

$8,520.00 

Other  personal  services 

44,474.90 

Current  expenses 

4,475.00 

Travel 

1,900.00 

Equipment 

100.00 

Total  $59,469.90 

Federal  funds : 

Personal  services  $16,743.00 

Current  expenses  75.00 

Travel  600.00 

Equipment  66.00 
Other  expenditures : 

Merit  system  216.00 

Retirement  925.56 

Total  $18,625.56 

Less  estimated  revenue  18,625.56 

Net  appropriation  0.00 

Total  for  mental  hygiene  and  child 

guidance  clinics  $59,469.90 


For  public  works  division  of  department 

of  public  works  and  highways : 
Personal  services  $61,488.40 

Current  expenses  1,988.00 


1955] 


Chapter  339 


701 


Travel 
Equipment 


4,600.00 
481.00 


Total  $68,557.40 

Less   estimated   revenue  from 

direct  and  overhead  charges 

to  projects  48,407.40 


Net  appropriation 

$20,150.00 

For  fish  and  game  department : 

Commission : 

Current  expenses 

$50.00 

Travel 

1,500.00 

Other  expenditures  —  retirement 

36,000.00 

Total 

$37,550.00 

Administration : 

Salary  of  director 

$7,340.00 

Other  personal  services 

33,164.80 

Current  expenses 

25,050.00 

Travel 

1,200.00 

Equipment 

2,635.00 

Total 

69,389.80 

Bounties : 

Other  expenditures: 

Bobcat  bounties 

7,000.00 

Damage : 

Personal  services 

$7,290.00 

Current  expenses 

7,000.00 

Travel 

500.00 

Equipment 

250.00 

Other  expenditures: 

Grants  (damage  by  game) 

8,000.00 

Total 


23,040.00 


702 


Chapter  339 


[1955 


Conservation : 
Personal  services 
Current  expenses 
Travel 
Equipment 


$160,532.49 

18,000.00 

71,000.00 

6,500.00 


Total 

256,032.49 

Education  (publicity)  : 

Personal  services 

$16,492.30 

Current  expense 

7,075.00 

Travel 

2,000.00 

Equipment 

250.00 

Other  expenditures : 

Sportsman's  show,  Boston  and 

Eastern  States 

5,500.00 

Total 

31,317.30 

Propagation  of  fish : 

Personal  services 

$198,004.26 

Current  expenses 

128,510.00 

Travel 

7,500.00 

Equipment 

7,010.00 

Total 

341,024.26 

Propagation  of  game : 

Personal  services 

$10,301.32 

Current  expenses 

15,050.00 

Travel 

300.00 

Equipment 

1,650.00 

Total 

27,301.32 

Pittman-Robertson  and  Dingell- 

Johnson : 

Personal  services 

$89,900.38 

Current  expenses 

25,585.00 

Travel 

9,975.00 

Equipment 

4,590.00 

Other  expenditures : 

U.  N.  H.  contract 

16,700.00 

Dams 

10,000.00 

Total 


156,750.38 


1955]  Chapter  339  703 

Construction  and  maintenance: 

Personal  services  $42,815.25 

Current  expenses  30,000.00 

Travel  8,000.00 

Equipment  3,150.00 

Other  expenditures: 
Replace  wooden  pools  — 

Warren  10,000.00 


Total  93,965.25 


Total  for  fish   and   game  de- 
partment $1,043,370.80 
Less  revenue  and  balance  1,043,370.80 


Net  appropriation  0.00 

In  addition  to  the  above  appropriation  the  fish  and  game 
department  shall  receive  for  disbursement  any  unexpended 
balances  from  previous  years.  Said  additional  amounts  appro- 
priated hereunder  shall  be  expended  under  the  direction  of  the 
fish  and  game  commission,  with  the  approval  of  the  governor 
and  council. 
For  motor  vehicle  department : 

Administration : 

.     Salary  of  commissioner  $8,706.33 

Salary  of  deputy  commissioner  7,400.00 

Other  personal  services  161,253.31 

Current  expenses  150,900.00 

Travel  3,250.00 

Equipment  6,100.00 
Other  expenditures: 

Retirement  15,500.00 


Total 

$353,109.64 

Gasoline  road  toll : 

Personal  services 

$22,647.60 

Current  expenses 

2,000.00 

Travel 

2,350.00 

Equipment 

500.00 

Total  27,497.60 


704  Chapter  339  [1955 

Inspectional  services: 

Personal  services  $65,925.99 

Current  expenses  5,850.00 

Travel  18,200.00 

Equipment  7,100.00 

Other  expenditures  4,000.00 


Total  101,075.99 

Highway  safety : 

Personal  services  $18,328.85 

Current  expenses  5,100.00 

Travel  2,500.00 

Equipment  8,500.00 


Total  29,428.85 


Total  for  motor  vehicle 

department  $511,112.08 

Less  revenue  511,112.08 


Net  appropriation  0.00 


For  public  works  and  highways : 
Administration : 

Salary  of  commissioner  $9,810.00 

Salary  of  assistant  commissioner  9,320.00 

Other  personal  services  130,710.30 

Current  expenses  58,121.00 

Travel  2,750.00 

Equipment  2,350.00 


Total  $213,061.30 

Engineering : 

Salary  of  deputy  commissioner  $8,960.00 

Other  personal  services  1,198,468.73 

Current  expenses  59,681.20 

Travel  129,932.70 

Equipment  10,166.00 


Total  1,407.208.63 


1955] 


Chapter  339 


705 


Laboratory : 

Personal  services  $68,099.00 

Current  expenses  15,189.00 

Travel  9,505.00 

Equipment  950.00 

Total  93,743.00 

Highway  marking  and  roadside 
development : 

Personal  services  $130,277.20 

Current  expenses  186,138.00 

Travel  46,845.00 

Equipment  10,160.50 

Total  373,420.70 

Garage : 

Personal  services  $295,473.26 

Current  expenses  557,464.00 

Travel  5,570.00 

Equipment  262,600.00 

Total  1,121,107.26 

Planning  and  economics: 

Personal  services  $102,786.00 

Current  expenses  11,265.00 

Travel  9,200.00 

Equipment  1,295.00 

Total  124,546.00 

Equipment  and  transportation : 

Travel  —  state  owned  cars  118,000.00 

Maintenance  —  roads  4,647,000.00 

Legislative  specials: 

Retirement  $198,000.00 

Stream  flow  gauging  4,500.00 

Maintenance  class  V  highways  105,000.00 

State  police  466,688.43 

Roads  to  public  waters  5,000.00 


706  Chapter  339  [1955 

Accidents  and  compensation  20,000.00 

Special  retirement  2,600.00 


Total  801,788.43 

Bridge  maintenance  260,000.00 

Debt  service  1,189,370.00 

Land  and  buildings  142,491.00 

Construction  and  reconstruction  9,554,458.00 


Total  for  public  works  and 

highways  $20,046,194.32 

Less  revenue  20,046,194.32 


Net  appropriation  0.00 


Authority  is  hereby  given  to  expend  such  balances  as 
may  exist  July  1,  1956,  and  any  income  received  in  excess  of 
$5,154,000.00  from  motor  vehicle  fees,  $8,707,000.00  from 
gasoline  road  toll,  $1,000,000.00  from  highway  garage,  and 
$4,165,996.00  from  federal  aid  shall  be  available  for  such  fur- 
ther expenditure  as  may  be  approved  by  the  governor  and 
council. 

Total  net  appropriation  $17,214,535.23 


2.     Takes  Effect.     This  act  shall  take  effect  as  of  July  1, 
1956. 
[Approved  August  5,  1955.] 


SPECIAL  ATTENTION  IS  CALLED  TO  THE  FOLLOW- 
ING: 

(1)     REVISED  STATUTES  ANNOTATED. 

The  Revised  Statutes  Annotated,  effective  September  1, 
1955,  publication  and  distribution  of  which  are  provided  for  in 
Chapter  231,  Laws  of  1955,  were  an  act  of  the  Legislature  of 
1955,  Approved  March  1,  1955,  and  omitted  from  this  volume. 


(2)     Chapter  171,  Laws  of  1955  —  section  8  was  amended 
by  section  5,  Chapter  448,  Laws  of  1955.  See  Private  Acts. 


(3)     The  following  Private  Acts  appear  as  a  part  of  the 
following  Public  Acts : 

Goshen-Lempster  Cooperative  School  District  —  section  3, 
Chapter  287,  Laws  of  1955. 

Goshen-Lempster  Cooperative  School  District  —  section  15, 
Chapter  334,  Laws  of  1955. 

•  Rye  Water  District  —  section  2,  Chapter  292,  Laws  of  1955. 

Merrimack  Village  District  bond  issue  —  sections  1,  2,  3, 
and  5,  Chapter  322,  Laws  of  1955. 


708  Chapters  340,  341,  342  [1955 

CHAPTER  340. 

JOINT  RESOLUTION  RELATIVE  TO  CONTINUED  DUTIES  OF  THE 
ATTORNEY  GENERAL. 

Resolved   by   the  Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  attorney  general  is  hereby  authorized  and  directed 
to  continue  the  investigation  authorized  by  chapter  307  of  the 
Laws  of  1953  in  form,  manner  and  authority  as  therein  pro- 
vided for  the  period  from  January  1,  1955  to  April  30,  1955, 
and  for  the  purposes  hereof  the  provisions  of  said  chapter  307, 
except  as  otherwise  herein  provided,  are  hereby  continued  in 
full  force  and  effect  for  the  additional  period  herein  mentioned. 
[Approved  January  13,  1955.] 


CHAPTER  341. 


JOINT  RESOLUTLON   PROVIDING  FUNDS  FOR   CERTAIN    CLASSIFIED 
POSITIONS  IN  PLANNING  AND  DEVELOPMENT  DEPARTMENT. 

Resolved   by   the  Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  sum  of  one  thousand  three  hundred  twenty-eight 
dollars  and  forty-nine  cents  ($1,328.49)  is  hereby  appropri- 
ated to  be  added  to  the  appropriation  for  the  planning  and 
development  commission  for  the  salary  of  the  agricultural 
promotion  assistant  for  the  period  from  March  1  to  June  30, 
1955.  The  governor  is  hereby  authorized  to  draw  his  warrant 
for  the  sum  hereby  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 
[Approved  February  25,  1955.] 


CHAPTER  342. 

joint  RESOLUTION  IN  FAVOR  OF  THE  COUNTY  OF  COOS. 

Whereas  under  and  by  virtue  of  section  18  of  chapter  79-A, 
Revised  Laws,  inserted  by  chapter  295  of  the  Laws  of  1949, 


1955]  Chapters  343,  344  709 

there  was  no  provision  made  for  reimbursement  to  counties 
for  loss  of  taxes  upon  growing  wood  and  timber  in  the  un- 
incorporated places  in  the  tax  year  1950 ;  and 

Whereas  the  county  of  Coos  in  the  tax  year  1950  suffered 
a  financial  loss  because  of  the  necessity  of  granting  an  abate- 
ment for  an  over-assessment  of  the  timber  yield  tax  in  that 
year,  amounting  to  eighteen  dollars  and  twenty-one  cents,  now 
therefore  be  it 

Resolved   by    the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  state  treasurer  is  hereby  authorized  to  pay  to  the 
treasurer  of  Coos  county  the  sum  of    eighteen    dollars    and 
twenty-one  cents  ($18.21)  from  the  reimbursement  fund  pro- 
vided for  under  chapter  79-A  of  the  Revised  Laws. 
[Approved  February  25,  1955.] 


CHAPTER  343. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF  JOHN  S.  BALL. 

Resolved   by    the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  John  S.  Ball  of  Contoocook,  the  sum  of  fifty-three 
dollars  and  thirty  cents   ($53.30),  the  amount  due   said  de- 
cedent as  messenger  of  the  committee  on  appropriations. 
[Approved  February  25,  1955.] 


CHAPTER  344. 


JOINT  RESOLUTION  RELATIVE   TO   A  STUDY  OF  OLD  AGE  AND 
survivors'  INSURANCE  FOR  STATE  EMPLOYEES. 

Whereas,  it  appears  that  substantial  benefits  and  advan- 
tages may  accrue  to  the  state  and  to  its  employees  as  a  result 
of  the  amendment  to  Title  II  of  the  federal  social  security  act 
made  by  Public  Law  761,  83rd  Congress,  whereby  employees 


710  Chapter  345  [1955 

of  a  state,  although  covered  by  an  existing  retirement  system 
may  be  made  ehgible  for  old  age  and  survivors'  insurance,  and 

Whereas,  it  appears  that  such  benefits  and  advantages  may 
be  secured  at  a  saving  to  the  state,  without  any  reduction  in 
benefits  now  enjoyed  by  the  employees  of  the  state,  and 

Whereas,  an  actuarial  study  is  necessary  in  order  that  the 
nature  of  such  benefits  and  advantages,  and  the  cost  of  the 
same,  may  be  ascertained,  and 

Whereas,  such  study  should  be  made  at  once  in  order  that 
appropriate  enabling  legislation  may,  if  feasible,  be  introduced 
at  the  present  session  of  the  general  court,  now  therefore,  be  it 

Resolved   by   the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  governor,  the  president  of  the  senate  and  the 
speaker  of  the  house,  acting  jointly,  are  hereby  authorized  and 
directed  forthwith  to  commence  a  study  to  ascertain  the  bene- 
fits and  advantages,  if  any,  that  may  accrue  to  the  state  and  to 
its  employees,  and  the  cost  of  the  same,  as  a  result  of  the 
amendment  of  Title  II  of  the  federal  social  security  act  by 
Public  Law  761,  83rd  Congress,  whereby  employees  of  a  state 
may  be  eligible  for  old  age  and  survivors'  insurance  although 
in  positions  covered  by  a  retirement  system ;  together  with  the 
methods  of  securing  such  benefits  and  advantages  best  adapted 
to  this  state  and  its  employees.  In  the  making  of  such  study, 
authority  is  hereby  granted  to  engage  the  services  of  a  com- 
petent actuary.  The  sum  of  four  thousand  dollars  is  hereby 
appropriated  for  the  study  directed,  such  sum  to  be  expended 
upon  the  order  of  the  governor. 
[Approved  March  1,  1955.] 


CHAPTER  345. 

JOINT  resolution  IN  FAVOR  OF  MERLE  PITMAN. 

Resolved   by   the  Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  sum  of  two  hundred  and  fifty  dollars  is  hereby 
appropriated  to  reimburse  Merle  Pitman  of  Chatham  for  prop- 


1955]  Chapters  346,  347  711 

erty  damages  which  he  sustained  when  his  cows  were  attacked 
by  a  moose  on  September  14,  1954,  at  Chatham.  This  sum  shall 
be  in  full  and  complete  settlement  of  this  claim.  The  sum  here- 
by appropriated  shall  be  a  charge  on  the  fish  and  game  funds. 
[Approved  March  5,  1955.] 


CHAPTER  346. 


JOINT  RESOLUTION  RELATIVE  TO  SPECIAL  FISHING  LICENSES  FOR 
CERTAIN  STUDENTS  FROM  FOREIGN  COUNTRIES. 

Whereas,  there  are  in  our  midst  certain  exchange  students 
representing  many  different  countries  of  the  world  and, 

Whereas,  we  deem  it  to  be  in  the  best  interests  of  the 
commonweal  and  international  understanding  that  these 
guests  of  our  state  know  and  enjoy  the  wonders  of  our  great 
out-of-doors,  now  therefore  be  it 

Resolved   by   the   Semate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  department  of  fish  and  game  be  and  hereby  is 
authorized  and  directed  to  issue  to  such  so-called  foreign  ex- 
change students  who  are  living  and  studying  in  New  Hamp- 
shire and  who  may  apply  to  the  director  therefor,  a  special 
fishing  license,  without  the  payment  of  a  fee  therefor,  which 
will  entitle  the  licensee  to  kill,  take  and  transport  fish  and  salt 
water  smelt  under  the  restrictions  of  Title  XX  of  the  Revised 
Laws.  Said  special  licenses  shall  be  issued  only  for  the  calendar 
years  1955  and  1956. 
[Approved  March  16,  1955.] 


CHAPTER  347. 

JOINT  RESOLUTION  IN  FAVOR  OF  HaRRY  J.  RiNG. 

Whereas,  when  the  estate  of  Edward  C.  Ring  was  entered 
for  probate  in  the  county  of  Merrimack  the  statement  of  lega- 
tees contained  the  name  of  Harry  J.  Ring  as  a  foster  son  and 
sole  legatee,  and 


712  Chapter  348  [1955 

Whereas,  as  a  matter  of  fact  said  Harry  J.  Ring  when  three 
years  of  age  was  legally  adopted  by  the  said  Edward  C.  Ring 
and  was  therefore  at  the  time  of  the  death  of  said  Edward  C. 
Ring  his  adopted  son,  and 

Whereas,  under  the  misstatement  above  mentioned  a  tax 
of  $121.50  was  paid  on  March  14,  1923  as  inheritance  tax  on 
the  estate  of  Edward  C.  Ring,  now  therefore,  be  it 

Resolved   by   the  Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  sum  of  $121.50  is  hereby  appropriated  to  reim- 
burse Harry  J.  Ring  for  the  amount  of  the  inheritance  tax 
erroneously  collected  on  his  share  of  the  estate  of  Edward  C. 
Ring.  The  governor  is  hereby  authorized  to  draw  his  warrant 
for  the  sum  hereby  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 
[Approved  March  26,  1955.] 


CHAPTER  348. 

JOINT  RESOLUTION  RELATIVE  TO  THE  ESTATE  OF  EUGENE  HiLL. 

Whereas,  it  appears  that  upon  settlement  of  the  estate  of 
Eugene  Hill  also  known  as  Calvin  Hill  and  Eugene  Calvin 
Hill,  late  of  Windham,  in  the  county  of  Rockingham  and  state 
of  New  Hampshire,  deceased,  a  balance  of  $2,729.28  remained 
undistributed  in  the  hands  of  the  administrator  of  said  estate 
and  upon  a  petition  alleging  that  there  were  no  human  heirs  of 
the  said  Eugene  Hill  the  judge  of  probate  for  said  county  of 
Rockingham  on  December  2,  1952,  ordered  the  administrator 
to  pay  over  said  funds  to  the  state  treasurer  after  a  period  of 
three  years  from  the  date  of  original  grant  of  administration ; 
and 

Whereas,  said  period  expired  on  October  2,  1954,  and  pay- 
ment has  been  made  accordingly  or  by  forfeiture  of  section  9 
of  chapter  360  of  the  Revised  Laws ;  and 

Whereas,  it  now  appears  that  said  Eugene  Hill  was  sur- 
vived by  a  widow,  who  has  since  deceased  and  whose  estate 
may  be  entitled  to  said  balance ;  now  therefore 


1955]  Chapters  349,  350  713 

Resolved   by   the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  judge  of  probate  for  the  county  of  Rockingham 
and  state  of  New  Hampshire  is  hereby  authorized  to  conduct 
a  hearing  or  hearings  at  which  time  the  claim  of  the  estate  of 
the  widow  of  said  Eugene  Hill  may  be  presented ;  and  if  such 
claim  shall  be  established,  the  treasurer  of  the  state  shall  be 
ordered  by  said  judge  of  probate  aforesaid  to  pay  the  sum  of 
$2,729.28  to  said  estate.  The  secretary  of  state  is  hereby 
authorized  to  send  a  copy  of  this  resolution  to  the  judge  of 
probate  for  the  county  of  Rockingham  aforesaid,  who,  upon 
receipt  thereof  shall  act  upon  the  same  forthwith. 
[Approved  April  11,  1955.] 


CHAPTER  349. 


JOINT  RESOLUTION  RELATIVE  TO  A  STUDY  OF  THE  PROBLEM  OF 
COMBINING  TOWNS  AND  SCHOOL  DISTRICTS. 

Resolved   by   the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  legislative  council  is  directed  to  study  the  possibili- 
ties of  combining  towns  and  school  districts  with  the  elimina- 
tion of  school  districts.  The  council  shall  report  its  recom- 
mendations on  this  subject  to  the  1957  session  of  the  legislature 
together  with  copies  of  proposed  legislation,  if  any  should  be 
recommended. 
[Approved  April  11,  1955.] 


CHAPTER  350. 


JOINT  RESOLUTION  RELATIVE  TO  PURCHASE  OF  SALK  POLIO- 
MYELITIS VACCINE  BY  THE  STATE. 

Whereas,  there  is  a  limited  supply  of  Salk  poliomyelitis 
vaccine  available  at  this  time,  and 

Whereas,  it  is  deemed  to  be  in  the  public  interest  for  the 
state  to  acquire  a  supply  of  said  vaccine  to  dispense  to  physi- 


714  Chapter  351  [1955 

cians  of  the  state  for  the  innoculation  of  certain  children  whose 
parents  cannot  afford  to  pay  for  said  vaccine,  now  therefore 
be  it 

Resolved   by    the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  sum  of  fifty  thousand  dollars  is  hereby  appropri- 
ated to  be  expended  under  the  direction  of  the  state  board  of 
health  for  the  purpose  of  purchasing  and  distributing  Salk 
poliomyelitis  vaccine  under  rules  and  regulations  of  said  board 
for  the  innoculation  of  children  who,  due  to  financial  hardship, 
might  otherwise  be  unable  to  receive  protection  from  said  dis- 
ease by  such  innoculation.  The  state  board  is  hereby  authorized 
to  adopt  rules  and  regulations  to  carry  out  the  purposes  here- 
of. The  governor  is  authorized  to  draw  his  warrants  for  the 
sum  hereby  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated.  Provided,  further,  that  if  the  sum 
hereby  appropriated  shall  be  insufficient  to  carry  out  the  pur- 
poses hereof  the  governor  is  authorized  to  draw  his  warrant 
upon  the  so-called  emergency  fund  for  further  sums  for  the 
purposes  hereof. 
[Approved  April  21,  1955.] 


CHAPTER  351. 


JOINT  RESOLUTION  RELATING  TO  THE  PLACEMENT  OF  CERTAIN 
OBSOLETE  ARTILLERY. 

Whereas,  there  is  in  the  possession  of  the  adjutant  general 
one  or  more  pieces  of  obsolete  artillery  formerly  of  the  Piper 
Battery,  so-called,  of  Manchester,  and 

Whereas,  the  carriages  of  said  piece  or  pieces  and  other 
parts  thereof  are  in  need  of  repair  for  restoration,  and 

Whereas,  James  D.  Filleul,  of  Manchester,  has  indicated  a 
willingness  to  make  such  repairs  and  undertake  such  restora- 
tion in  return  for  the  privilege  of  displaying  said  piece  or 
pieces  along  with  his  collection  of  antique  and  historical  objects 
in  said  Manchester,  now  therefore  be  it 


1955]  Chapter  352  715 

Resolved   by   the  Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  adjutant  general  is  hereby  authorized  to  enter  into 
an  agreement  with  the  said  James  D.  Filleul  whereby  said 
piece  or  pieces  or  any  one  or  more  of  them  may  be  placed  in 
the  custody  of  the  said  Filleul  to  be  repaired  and  restored  and 
displayed  by  him,  all  in  accordance  with  such  terms,  and  un- 
der such  conditions,  as  the  adjutant  general  may  prescribe. 

Such  agreement  shall  provide  that  the  piece  or  pieces  shall 
be  used  for  museum  purposes  only  within  the  state  of  New 
Hampshire  and  shall  be  made  accessible  to  the  public  from 
time  to  time,  and  with  the  further  proviso  that  at  any  time 
whenever  the  adjutant  general  shall  find  that  the  terms  of  the 
agreement  are  not  being  complied  with  he  may  demand  the 
return  of  said  property  to  the  state.  In  the  case  of  such  return 
the  adjutant  general  shall  pay  to  said  Filleul  or  his  heirs  or 
assigns  a  sum  not  to  exceed  the  original  cost  of  restoration. 
[Approved  April  26,  1955.] 


CHAPTER  352. 


•       JOINT  RESOLUTION  RELATIVE  TO  CONTINUED  DUTIES  OF  THE 
ATTORNEY  GENERAL. 

Resolved   by   the   Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  attorney  general  is  hereby  authorized  and  directed 
to  continue  the  investigation  authorized  by  chapter  307  of  the 
Laws  of  1953  in  form,  manner  and  authority  as  therein  pro- 
vided for  the  period  from  April  30,  1955,  to  June  15,  1955,  and 
for  the  purposes  hereof  the  provisions  of  said  chapter  307,  ex- 
cept as  otherwise  herein  provided,  are  hereby  continued  in  full 
force  and  effect  for  the  additional  period  herein  mentiond. 
[Approved  April  27,  1955.] 


716  Chapters  353,  854  [1955 

CHAPTER  353. 

JOINT  RESOLUTION  IN  FAVOR  OF  FRANCIS  H.  BUFFUM. 

Resolved   by    the  Senate   and  House   of   Representatives   in 
Gener\al  Court  convened: 

That  the  sum  of  one  thousand  dollars  be  and  hereby  is 
appropriated  to  reimburse  Francis  H.  Buffum  for  his  actual 
expenses  in  the  compiling  and  printing  of  two  thousand  copies 
of  "New  Hampshire  in  Miniature,"  provided  that  said  Francis 
H.  Buffum  shall  transfer  to  the  state  all  his  copyrights,  plates 
and  other  material  in  connection  with  said  pamphlet.  Said  sum 
appropriated  shall  be  a  charge  upon  the  general  funds. 
[Approved  May  14,  1955.] 


CHAPTER  354. 

JOINT  RESOLUTION  APPROPRIATION  FOR  CARRYING  OUT  PROVISIONS 

OF  STATUTE  RELATIVE  TO  RECIPROCAL  AGREEMENTS  FOR 

EDUCATIONAL  FACILITIES  FOR  NEW  HAMPSHIRE 

RESIDENTS. 

Resolved   by   the  Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  there  are  hereby  appropriated  the  sum  of  six  thousand 
dollars  for  the  fiscal  year  ending  June  30,  1956,  and  a  like  sum 
for  the  fiscal  year  ending  June  30,  1957,  for  the  purpose  of 
carrying  out  the  provisions  of  chapter  197  of  the  Laws  of  1953 
providing  for  extension  of  educational  facilities  for  New 
Hampshire  residents  under  reciprocal  agreements,  as  executed 
and  approved  by  the  trustees  of  the  university  of  New  Hamp- 
shire. The  governor  is  authorized  to  draw  his  warrants  for  the 
sums  hereby  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated.  The  sums  hereby  appropriated  shall  be 
a  continuing  appropriation  and  shall  not  lapse. 
[Approved  May  14,  1955.] 


1955]  Chapters  355,  356,  357  717 

CHAPTER  355. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  DANBURY  HOSPITAL, 

Danbury,  Connecticut. 

Resolved   by   the  Senate   and  House   of   Representatives   in 
GeneriCbl  Court  convened: 

That  the  sum  of  two  hundred  forty-one  dollars  and  seventy 
cents  is  hereby  appropriated  to  reimburse  the  Danbury 
Hospital  of  Danbury,  Connecticut,  for  expenses  incurred  in 
September  1950  in  treating  two  escapees  from  the  industrial 
school  who  were  injured  while  driving  in  a  stolen  vehicle  in 
Connecticut.  The  governor  is  authorized  to  draw  his  warrant 
for  the  sum  hereby  appropriated  out  of  money  in  the  treasury 
not  otherwise  appropriaed.  This  sum  shall  be  in  full  and  com- 
plete settlement  of  this  charge. 
[Approved  May  14,  1955.] 


CHAPTER  356. 

JOINT  RESOLUTION  IN  FAVOR  OF  AUGUSTUS  GLIDDEN. 

Resolved   by   the   Senate    and  House   of   Representatives   in 
General  Court  convened: 

That  the  sum  of  eight  hundred  and  seventy-one  dollars  is 
hereby  appropriated  to  reimburse  Augustus  Glidden  for 
medical  and  hospital  expenses,  and  loss  of  wages  occasioned 
by  an  accident  February  1,  1953  in  Alton  near  the  railroad 
station  while  helping  to  change  a  blade  on  a  state-owned  snow 
plow.  The  governor  is  authorized  to  draw  his  warrant  for  the 
sum  hereby  appropriated  out  of  the  highway  fund  and  pay- 
ment of  said  sum  to  said  Augustus  Glidden  shall  be  in  full 
settlement  of  all  claims  he  may  have  against  the  state  arising 
out  of  said  accident. 
[Approved  May  21,  1955.] 


CHAPTER  357. 

JOINT  RESOLUTION  IN  FAVOR  OF  ALEX  E.  DEMERS. 

Resolved,   by   the   Senate    and  House   of  Representatives   in 
General  Court  convened: 

That  the  sum  of  three  hundred  and  thirty-two  dollars  and 


718  Chapters  358, 359  [1955 

sixty-four  cents  is  hereby  appropriated  to  reimburse  Alex  E. 
Demers  for  expenses  incurred  and  loss  of  time  at  his  occupa- 
tion occasioned  by  an  accident  which  happened  to  him  on 
June  28,  1953,  at  Lake  Wentworth  state  park  at  Wolfeboro. 
This  sum  shall  be  in  full  and  complete  settlement  of  this  claim. 
The  governor  is  authorized  to  draw  his  warrant  for  the  sum 
hereby  apropriated  which  shall  be  a  charge  upon  the  state  rec- 
reational fund. 
[Approved  May  21,  1955.] 


CHAPTER  358. 

JOINT  RESOLUTION  IN  FAVOR  OF  HAROLD  A.  TODD. 

Resolved   by    the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  sum  of  five  hundred  and  fifty-seven  dollars  and 
thirty  cents  is  hereby  appropriated  to  reimburse  Harold  A. 
Todd  of  New  Boston  for  damages  caused  to  his  home  by  water 
resulting  from  culvert  restriction  made  by  the  department  of 
public  works  and  highways.  The  sum  hereby  appropriated  shall 
be  a  charge  against  the  highway  funds  and  shall  be  in  full  and 
complete  settlement  of  this  claim. 
[Approved  May  21,  1955.] 


CHAPTER  359. 

JOINT  RESOLUTION  IN  FAVOR  OF  AdA  T.  LANDSDOWNE. 

Resolved   by   the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  sum  of  one  thousand  dollars  is  hereby  appropri- 
ated to  reimburse  Ada  T.  Landsdowne  of  Meredith  for  damages 
sustained  by  her  arising  from  an  accident  which  occurred  on 
July  27,  1951,  on  the  state  highway  at  Meredith.  The  sum  here- 
by appropriated  shall  be  a  charge  upon  the  highway  funds  and 
shall  be  in  full  and  complete  settlement  of  this  claim. 
[Approved  May  21, 1955.] 


1955]  Chapters  360,  361,  362  719 

CHAPTER  360. 

joint  resolution  in  favor  of  the  estate  of 
Joseph  L.  Boutin. 

Resolved   by    the   Senate   and  Hoiise   of   Representatives   in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  Joseph  L.  Boutin  of  Belmont  the  balance  of  salary 
due  said  decedent  as  a  member  of  the  house  of  representatives. 
[Approved  May  21, 1955.] 


CHAPTER  361. 


joint  resolution  relating  to  the 
"Actuarial  Study  Report." 

Whereas,  there  has  been  an  unforeseen  heavy  demand  for 
the  so-called  "Actuarial  Study  Report"  on  the  integration  of 
the  OASI  and  state  retirement  system,  therefore  be  it 

Resolved   by    the  Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  sum  of  four  hundred  fifty  dollars  is  hereby  appro- 
priated for  the  printing  of  four  thousand  copies  of  this  report, 
said  report  to  be  distributed  through  the  clerk  of  the  house. 
Said  sum  appropriated  shall  be  a  charge  upon  the  legislative 
funds. 
[Approved  May  26,  1955.] 


CHAPTER  362. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF 

Edith  P.  Atkins. 

Resolved   by    the   Senate    and  House   of   Representatives   in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  Edith  P.  Atkins  of  Hanover  the  balance  of  salary 
due  said  decedent  as  a  member  of  the  house  of  representatives. 
[Approved  May  26,  1955.] 


720  Chapters  363,  364,  365  [1955 

CHAPTER  363. 

JOINT  RESOLUTION  IN  FAVOR  OF  HaRRY  PIERCE. 

Resolved   by    the   Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  sum  of  three  hundred  dollars  be  and  hereby  is 
appropriated  to  reimburse  Harry  Pierce  of  Unity  for  damage 
to  his  maple  orchard  and  other  growing  timber  by  elk,  during 
the  period  from  1952  to  1954.  The  sum  hereby  appropriated 
shall  be  a  charge  upon  the  fish  and  game  funds  and  shall  be  in 
full  and  complete  settlement  of  this  claim. 
[Approved  June  1,  1955.] 


CHAPTER  364. 

joint  resolution  in  favor  of  the  estate  of 
Edward  C.  Sweeney,  Sr. 

Resolved   by    the   Senate    and  House   of   Representatives    in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  Edward  C.  Sweeney,  Sr.  of  Keene  the  balance  of 
salary  due  said  decedent  as  a  member  of  the  house  of  repre- 
sentatives. 
[Approved  June  20,  1955.] 


CHAPTER  365. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF 

Alfred  J.  Marcotte. 

Resolved   by    the   Senate    and  House   of   Repi^esentatives    in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  Alfred  J.  Marcotte  of  Claremont  the  balance  of 
salary  due  said  decedent  as  a  member  of  the  house  of  repre- 
sentatives. 
[Approved  June  23,  1955.] 


1955]  Chapters  366,  367  721 

CHAPTER  366. 

JOINT  RESOLUTION  RELATIVE  TO  PURCHASE  OF  BOAT  FOR  THE 
FISH  AND  GAME  DEPARTMENT. 

Resolved   by    the   Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  fish  and  game  department  is  hereby  authorized  to 
purchase  a  boat  for  the  use  of  the  department  in  the  adminis- 
tration of  the  laws  relative  to  lobsters  and  crabs.  The  sum  of 
four  thousand  dollars  is  hereby  appropriated  for  a  part  of  the 
expense  of  said  boat  and  the  balance  of  the  purchase  price 
shall  be  a  charge  against  the  funds  of  the  fish  and  game  de- 
partment which  were  received  from  a  sale  of  a  boat.  The  sum 
hereby  specifically  appropriated  shall  be  a  charge  on  the  gen- 
eral funds  of  the  state  and  the  governor  is  authorized  to  draw 
his  warrant  for  said  sum  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 
[Approved  July  22,  1955.] 


CHAPTER  367. 

JOINT  RESOLUTION  IN  FAVOR  OF  AUSTIN  H.  REED. 

Resolved   by    the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  sum  of  two  hundred  dollars  be  allowed  Austin  H. 
Reed  of  Goffstown  for  his  services  as  chaplain  of  the  house  of 
representatives.  The  sum  shall  be  a  charge  upon  the  legislative 
appropriation. 
[Approved  July  22,  1955.] 


722  Chapters  368, 369  [1955 

CHAPTER  368. 

JOINT  RESOLUTION  RELATIVE  TO  A  STUDY  OF  MULTIPLE-USE  OF 

THE  Lake  Massabesic  Region. 

Resolved   by   the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  New  Hampshire  council  on  resources  and  develop- 
ment is  hereby  directed  to  make  a  study  of  the  feasibility  and 
cost  of  multiple-use  of  the  Lake  Massabesic  Region  in  the  town 
of  Auburn  and  the  city  of  Manchester.  For  the  purpose  of  pro- 
viding funds  for  the  study  hereby  authorized,  the  sum  of  five 
thousand  dollars  is  hereby  appropriated  to  be  spent  by  the 
council.  The  governor  is  hereby  authorized  to  draw  his  war- 
rant for  the  sum  hereby  appropriated  from  any  fund  in  the 
treasury  not  otherwise  appropriated.  The  council  shall  report 
its  findings  and  recommendations  to  the  legislature  of  1957. 
[Approved  August  1,  1955.] 


CHAPTER  369. 


joint  resolution  to  provide  for  a  cooperative  aerial 

geophysical  survey  of  portions  of  the  state  of 

New  Hampshire. 

Whereas,  the  presence  of  mineable  deposits  of  magnetic  and 
related  minerals  have  been  located  in  adjacent  states  and 
provinces  by  means  of  airborne  geophysical  techniques,  and 

Whereas,  geological  surveys  and  investigations  of  the  state 
indicate  the  possible  presence  of  mineable  deposits  of  magnetic 
and  related  minerals  and  radioactive  minerals,  and 

Whereas,  geophysical  surveys  and  investigations  would 
stimulate  interest  of  mining  companies  in  New  Hampshire 
mineral  resources,  and 

Whereas,  a  growing  mining  industry  would  contribute  sub- 
stantially to  the  economy  of  the  state,  now  therefore  be  it 

Resolved   by    the   Senate   and  Hou^e   of  Representatives   in 
General  Court  convened: 

That,  the  planning  and  development  commission  is  hereby 


1955]  Chapters  370,  371  723 

authorized  and  directed  to  survey  and  investigate  by  means  of 
airborne  geophysical  techniques,  the  presence  of  deposits  of 
magnetic  and  related  minerals  and  radioactive  minerals  in  the 
state.  To  this  end  the  commission  is  authorized  to  enter  into 
contracts  with  the  United  States  Geological  Survey  of  United 
States  Department  of  Interior.  The  findings  of  such  surveys 
shall  be  made  available  to  the  public  by  means  of  maps  or 
printed  matter  to  be  published  or  maintained  in  open  file  for 
reference.  The  sum  of  five  thousand  dollars  each  year  is  hereby 
appropriated  for  the  next  biennium,  for  the  conduct  of  this 
survey  and  investigation,  this  sum  to  be  matched  by  federal 
funds,  and  the  governor  is  hereby  authorized  to  draw  his 
warrant  for  said  sum  out  of  any  money  in  the  treasury  not 
otherwise  appropriated.  The  amount  appropriated  for  the  first 
fiscal  year  shall  not  lapse. 
[Approved  August  1,  1955.] 


CHAPTER  370. 


joint  resolution  in  favor  of  the  estate  of 
George  T.  Colony. 

Resolved    by  the   Senate   and  House   of   Representatives  in 
General  Court  convened: 

That  the  sum  of  $1665.96  is  hereby  appropriated  to  reim- 
burse the  estate  of  George  T.  Colony  for  the  amount  of  the  in- 
heritance tax  erroneously  collected  by  the  state.  The  governor 
is  hereby  authorized  to  draw  his  warrant  for  the  sum  hereby 
appropriated  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 
[Approved  August  1,  1955.] 


CHAPTER  371. 


JOINT  RESOLUTION  PROVIDING  AN  APPROPRIATION  FOR  WORKS  OF 
IMPROVEMENT  ON  SMALL  WATERSHEDS. 

Resolved    by  the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  there  is  hereby  appropriated  for  the  purpose  of  assist- 


724  Chapter  372  [1955 

ing  in  carrying  out  joint  federal-state-local  projects  for  water- 
shed protection  and  flood  prevention  in  small  watersheds  under 
the  provisions  of  chapter  266,  Revised  Laws,  and  amendments 
thereto,  and  in  cooperation  with  the  federal  government  under 
the  Watershed  Protection  and  Flood  Prevention  act  of  the 
83rd  Congress,  the  sum  of  two  thousand  dollars  for  the  year 
ending  June  30,  1956,  and  a  like  sum  for  the  year  ending  June 
30,  1957,  and  the  governor  is  hereby  authorized  to  draw  his 
warrants  for  said  sums  out  of  any  money  in  the  treasury  not 
otherwise  appropriated.  The  money  herein  appropriated  shall 
be  used  only  for  operating  and  maintaining  such  works  of  im- 
provement in  accordance  with  regulations  presented  by  the 
United  States  Secretary  of  Agriculture.  The  sums  hereby 
appropriated  shall  not  lapse  but  shall  be  added  to  the  appropri- 
ations for  the  water  resources  board  of  any  succeeding  fiscal 
year  to  be  used  for  the  purpose  herein  contained. 
[Approved  August  1,  1955.] 


CHAPTER  372. 


JOINT  RESOLUTION  RELATING  TO  TEACHERS'  RETIREMENT 
SYSTEM  STUDY. 

Resolved    by  the   Senate   and   House   of   Representatives   in 
General  Court  convened: 

That  a  committee  of  six  persons  consisting  of  the  governor 
or  his  representative,  the  president  of  the  senate  or  his  repre- 
sentative, the  speaker  of  the  house  or  his  representative,  one 
member  appointed  by  the  New  Hampshire  state  education 
association,  one  member  appointed  by  the  trustees  of  the  teach- 
ers' retirement  system  of  the  state  of  New  Hampshire  and  one 
member  appointed  by  the  New  Hampshire  school  boards  asso- 
ciation, is  hereby  authorized  and  directed  forthwith  to  com- 
mence a  study  to  ascertain  the  benefits  and  advantages,  if  any, 
that  may  accrue  to  the  state  and  to  the  members  of  the  teach- 
ers' retirement  system,  and  the  cost  of  the  same,  as  a  result 
of  the  amendment  to  title  H  of  the  Federal  Social  Security  Act 
by  Public  Law  761,  83rd  Congrss,  whereby  members  of  the 
state  teachers'  retirement  system  may  be  eligible  for  OASI 
although  in  positions  covered  by  a  retirement  system ;  together 


1955]  Chapter  373  725 

with  the  methods  of  securing  such  benefits  and  advantages 
best  adapted  to  this  state  and  the  members  of  said  system.  In 
the  making  of  such  study,  authority  is  hereby  granted  to  en- 
gage the  service  of  a  competent  actuary.  The  sum  of  five  thou- 
sand dollars  is  hereby  appropriated  for  the  study  as  directed, 
or  as  much  thereof  as  may  be  necessary,  such  sum  to  be  ex- 
pended upon  the  order  of  the  committee ;  and  the  governor  is 
hereby  authorized  to  draw  his  warrant  for  the  sum  hereby 
appropriated  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 
[Approved  August  1,  1955.] 


CHAPTER  373. 


JOINT  RESOLUTION  RELATIVE  TO  A  ROAD  IN  FiTZWILLIAM,  AND 

PROVIDING  FOR  A  STUDY  OF  ACCESS  HIGHWAY  TO  STATE 

RESERVATIONS. 

Resolved    by  the   Semite   and  House   of   Representatives  in 
General  Court  convened: 

That  the  sum  of  ten  thousand  dollars  is  hereby  appropri- 
ated to  be  expended  by  the  department  of  public  works  and 
highways  for  the  construction  of  the  highway  from  Bemis 
Corner  to  Rhododendron  State  Reservation  in  the  town  of 
Fitzwilliam,  provided  that  the  town  of  Fitzwilliam  appropri- 
ates the  sum  of  two  thousand  dollars  for  the  same  purpose. 
The  sum  hereby  appropriated  by  the  state  shall  be  a  charge  on 
the  highway  funds.  The  said  road  after  construction  shall  be 
classified  as  Class  V  highway.  The  department  of  public  works 
and  highways  is  hereby  authorized  to  cause  a  study  to  be  made 
of  roads  to  state  reservations,  parks  and  forests  for  the  pur- 
pose of  providing  suitable  access  thereto  from  the  nearest 
presently  improved  highways.  Said  department  shall  make  a 
report  of  its  study  hereunder  to  the  1957  session  of  the  legis- 
lature, together  with  estimates  of  costs  of  construction  and 
future  maintenance  of  such  access  highways  to  state  reserva- 
tions. 

[Approved  August  2,  1955.] 


726  Chapters  374,  375  [1955 

CHAPTER  374. 

JOINT  RESOLUTION  RELATIVE  TO  SUPPLEMENTAL  APPROPRIATION 
FOR  THE  EDUCATION  OF  THE  DEAF. 

Whereas,  there  is  an  excess  in  the  income  for  the  Keene 
teachers  college  over  and  above  that  required  for  expenditure 
for  the  fiscal  year  ending  June  30,  1 955,  now  therefore 

Resolved    by  the   Senate   and  House   of   Representatives  in 
General  Court  convened: 

That  the  sum  of  $10,971.75  is  hereby  appropriated  as  a 
supplemental  appropriation  for  the  use  of  the  department  of 
education  for  the  fiscal  year  ending  June  30,  1955  for  the  edu- 
cation of  the  deaf  account.  The  appropriation  hereunder  shall 
be  a  charge  upon  the  general  funds. 
[Approved  August  5,  1955.] 


CHAPTER  375. 


joint  resolution  in  favor  of  the  new  hampshire 
Veterans  Association. 

Resolved    by  the   Senate   and  House   of   Representatives  in 
General  Court  convened: 

That  the  sum  of  fifteen  hundred  dollars  for  the  fiscal  year 
ending  June  30,  1956,  and  a  like  sum  for  the  fiscal  year  ending 
June  30,  1957,  are  hereby  appropriated  for  the  New  Hampshire 
Veterans  Association  for  the  purpose  of  repairs  and  mainte- 
nance of  the  buildings  and  grounds  of  said  association  at  The 
Weirs.  The  governor  is  authorized  to  draw  his  warrant  for  the 
sums  hereinabove  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 
[Approved  August  5,  1955.] 


1955]  Chapter  376  727 

CHAPTER  376. 

JOINT  RESOLUTION  TO  CONTINUE  AND   EXTEND  THE  STUDY  OF 
GROUNDWATER  RESOURCES  WITHIN  THE  STATE. 

Whereas,  groundwaters  comprise  a  resource  indispensable 
to  the  people  and  industries  of  the  state,  and 

Whereas,  it  has  been  demonstrated  that  certain  sections  of 
the  state  are  facing  ever  increasing  difficulty  and  expense  in 
finding  adequate  water  of  suitable  quality  for  public  and 
private  water  supply,  and 

Whereas,  a  cooperative  investigation  and  survey  of  ground- 
water resources  in  the  seacoast  area  of  New  Hampshire  has 
been  underway  for  the  past  year  and  one-half  between  the 
United  States  Geological  Survey,  Groundwater  Branch,  and  the 
state  of  New  Hampshire,  and 

Whereas,  time  and  funds  are  needed  to  continue  and  ex- 
tend the  survey  and  investigation  of  the  groundwater  re- 
sources of  the  state  in  anticipation  of  the  development  of 
critical  shortages  that  would  endanger  the  health,  safety  and 
economy  of  our  citizens,  now  therefore  be  it 

Resolved    by  the   Senate   and  Hoiise   of   Representatives   in 
General  Court  convened: 

That  the  water  resources  board  is  hereby  authorized  and 
directed  to  continue  and  extend  the  survey  and  investigations 
of  the  groundwater  resources  of  New  Hampshire.  To  this  end, 
the  board  is  authorized  to  enter  into  contracts  with  the  United 
States  Geological  Survey.  The  findings  of  such  surveys  shall  be 
made  available  to  the  public  by  means  of  maps  or  printed 
matter  to  be  published  or  maintained  in  open  file  for  reference. 
The  sum  of  five  thousand  dollars  each  year  is  hereby  appro- 
priated for  the  next  biennium,  for  the  conduct  of  this  survey 
and  investigation,  this  sum  to  be  matched  by  federal  funds,  and 
the  governor  is  hereby  authorized  to  draw  his  warrant  for  said 
sum  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. The  amount  appropriated  for  the  first  fiscal  year  shall 
not  lapse. 
[Approved  August  B,  1955.] 


728  Chapters  377,  378  [1955 

CHAPTER  377. 

JOINT  RESOLUTION  RELATIVE  TO  INTERIM   COMMITTEE  TO  STUDY 
SENATORIAL  DISTRICTS. 

Resolved    by  the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  governor  shall  appoint  a  special  committee  of  five 
members,  three  from  the  membership  of  the  senate  and  two 
from  the  membership  of  the  house  of  representatives  who  shall 
study  the  problem  of  the  senatorial  districts  in  order  to  re- 
district  the  same  in  accordance  with  the  constitution.  The  tax 
commission  is  hereby  directed  to  obtain  for  this  committee  the 
adjusted  valuation  of  property  in  any  town  or  city  ward  which 
may  be  necessary.  The  committee  shall  use  the  latest  valuation 
available.  Said  committee  shall  prepare  legislation  for  re- 
districting  the  senatorial  districts  and  shall  submit  the  same  to 
the  1957  legislature.  Said  committee  shall  receive  ten  dollars 
per  day  and  expenses  and  mileage  at  the  legislative  rate  of  pay- 
ment. The  expenses  of  the  special  committee  hereunder  and  the 
expenses  of  the  state  tax  commission  in  obtaining  information 
shall  be  a  charge  on  the  general  funds  and  the  governor  is 
authorized  to  draw  his  warrant  for  the  same  out  of  any  money 
not  otherwise  appropriated. 
[Approved  August  5,  1955.] 


CHAPTER  378. 
JOINT  RESOLUTION  IN  FAVOR  OF  LOUIS  E.  CLEMENT  AND  OTHERS. 

Resolved    by  the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  sum  of  eight  hundred  eighty-five  dollars  and  sixty- 
five  cents  be  and  hereby  is  appropriated  to  reimburse  Louis  E. 
Clement  for  hospital  and  medical  expenses  incurred  by  reason 
of  an  injury  sustained  by  him  while  in  the  performance  of  his 
duties  as  an  employee  of  the  state. 

That  the  sum  of  one  hundred  dollars  be  and  hereby  is  appro- 
priated to  reimburse  Eleanor  Marquis  for  medical  and  other 
expenses  incurred  as  a  result  of  an  accident  with  a  national 
guard  vehicle. 


1955]  Chapters  379, 380  729 

That  the  sum  of  three  hundred  eleven  dollars  be  and  hereby 
is  appropriated  to  reimburse  James  S.  Crowe  for  damage  to 
his  car  caused  by  a  national  guard  truck  striking  his  parked 
car. 

The  governor  is  hereby  authorized  to  draw  his  warrants 
from  any  funds  not   otherwise  appropriated  and  the   sums 
appropriated  shall  be  in  full  and  complete  settlement  of  these 
claims. 
[Approved  August  5,  1955.] 


CHAPTER  379. 

JOINT  RESOLUTION  IN  FAVOR  OF  HaRRY  L.  HuRLBURT. 

Resolved    by  the   Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  the  sum  of  six  hundred  twenty-six  dollars  and  eighteen 
cents  for  the  fiscal  year  ending  June  30,  1956  and  a  like  sum 
for  the  fiscal  year  ending  June  30,  1957  be  and  hereby  are 
appropriated  to  provide  funds  for  Harry  L.  Hurlburt  in 
recognition  of  his  having  become  disabled  due  to  an  accident 
occurring  in  1947,  while  on  active  duty  for  the  fish  and  game 
department,  the  resulting  disability  having  become  acute  dur- 
ing the  year  1955.  The  sums  hereby  appropriated  shall  be  ex- 
pended by  the  fish  and  game  department  to  said  former  em- 
ployee in  such  installments  as  it  may  determine  and  said  sums 
shall  be  charges  upon  the  fish  and  game  fund. 
[Approved  August  5,  1955.] 


CHAPTER  380. 

JOINT  RESOLUTION  IN  FAVOR  OF  FERNAND  J.  GaUDREAU. 

Resolved    by  the   Senate   a,nd  House   of   Representatives   in 
General  Court  convened: 

That  the  sum  of  three  hundred  and  thirty-four  dollars  and 
five  cents  is  hereby  appropriated  to  reimburse  Fernand  J. 
Gaudreau  of  Somersworth  for  damages  to  his  motor  vehicle 


730  Chapter  381  [1955 

which  resulted  from  an  accident  April  16,  1950,  at  Somers- 

worth,  when  said  vehicle  was  struck  by  a  national  guard  truck. 

The  sum  hereby  appropriated  shall  be  in  full  settlement  of  said 

claim  and  the  governor  is  authorized  to  draw  his  warrant  for 

said  sum  out  of  any  money  in  the  treasury  not  otherwise 

appropriated. 

[Approved  August  5,  1955.] 


CHAPTER  381. 

JOINT  RESOLUTION   TO  PROVIDE  FOR  AN  INVESTIGATION   OF  THE 

LAWS  RELATING  TO  TAX  EXEMPTION  OF  REAL  ESTATE  AND 

PERSONAL  PROPERTY  AND  TO  ASCERTAIN  THE  TOTAL 

VALUE    OF    PROPERTY    IN  NEW  HAMPSHIRE 

SO  EXEMPTED. 

Resolved    by  the  Senate   and  House   of   Representatives   in 
General  Court  convened: 

That  a  thorough  and  impartial  investigation  be  made  of  the 
whole  subject  of  tax  exemption  in  New  Hampshire  inasmuch 
as  from  information  now  available  it  appears  that  the  total 
value  of  ordinarily  taxable  property  now  exempt  from  taxa- 
tion by  virtue  of  the  tax  exemption  laws  is  in  excess  of  one 
hundred  million  dollars  although  such  information  is  not  com- 
piled, tabulated,  analyzed  and  coordinated  ; 

That  a  joint  committee  to  consist  of  three  members  of  the 
house  of  representatives  be  appointed  by  the  speaker  and  two 
members  of  the  senate  be  appointed  by  the  president  of  the 
senate  to  study,  investigate  and  examine  into  the  matter  of  tax 
exempt  property  of  every  kind  in  the  state,  with  particular 
reference  to  the  existing  laws  governing  and  granting  such 
exemptions;  said  committee  to  have  full  power  and  authority 
to  require  from  the  several  departments,  boards  and  commis- 
sions of  the  state  government  such  information  and  assistance 
as  may  be  available  for  the  purposes  of  the  committee,  and, 
further,  while  the  members  of  said  committee  shall  serve 
without  pay,  the  sum  of  not  more  than  one  thousand  dollars 
shall  be  made  available  from  funds  not  otherwise  appropri- 
ated, for  clerical  assistance  and  to  pay  the  actual  and  necessary 


1955]  Chapter  382  731 

expenses  incurred  by  the  committee  in  securing  such  informa- 
tion as  may  be  required  and  in  preparing  a  report  of  its  find- 
ings and  recommendations  to  the  legislature  of  1957. 
[Approved  August  5,  1955.] 


CHAPTER  382. 


JOINT   RESOLUTION   IN  FAVOR  OF  LLOYD  E.    FOGG  AND  OTHERS, 
RELATING  TO  INSURANCE  PREMIUMS  FOR  THE  RECREATION 
DIVISION,  RELATIVE  TO  THE  EMPLOYEES  OF  MERRI- 
MACK COUNTY  AND  A  STUDY  COMMITTEE  FOR 
WiNNIPESAUKEE  SCENIC  HIGHWAY. 

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  $1,726.50 ;  that  Nathan  A.  Tirrell,  sergeant- 
at-arms  of  the  senate,  be  allowed  the  sum  of  $1,689 ;  that 
Robert  L.  Stark,  clerk  of  the  house,  be  allowed  the  sum  of 
$3,291.66;  that  Benjamin  F.  Greer,  clerk  of  the  senate,  be 
allowed  the  sum  of  $3,225 ;  that  Francis  W.  Tolman,  assistant 
clerk  of  the  house,  be  allowed  the  sum  of  $2,945 ;  that  Frank 
M.  Ayer,  assistant  clerk  of  the  senate,  be  allowed  the  sum  of 
$2,945 ;  that  Alice  V.  Flanders,  house  legislative  service  assist- 
ant, be  allowed  the  sum  of  $2,535 ;  that  Esther  T.  Hurd,  senate 
legislative  service  assistant,  be  allowed  the  sum  of  $1,860; 
that  Marion  C.  Colby,  house  legislative  service  assistant,  be 
allowed  the  sum  of  $2,328 ;  that  Margaret  L.  Ford,  house  legis- 
lative service,  be  allowed  the  sum  of  $1,794.50;  that  Virginia 
B.  Easton,  senate  legislative  service  assistant,  be  allowed  the 
sum  of  $1,528;  that  Frances  M.  Doherty,  senate  legislative 
service  assistant,  be  allowed  the  sum  of  $1,264 ;  that  Cynthia 
Kirby,  senate  legislative  service  assistant,  be  allowed  the  sum 
of  $304;  that  Helen  Y.  Andrews,  judiciary  legislative  service 
assistant,  be  allowed  the  sum  of  $2,292;  that  Eleanor  C. 
Brown,  appropriations  legislative  service  assistant,  be  allowed 
the  sum  of  $2,046 ;  that  Helene  H.  Wester,  speaker's  legislative 
service  assistant,  be  allowed  the  sum  of  $1,823;  that  Alice  P. 
Pinkham,  mileage  clerk,  be  allowed  the  sum  of  $1,930;  that 
Fred  C.  Abbott,  house  custodian  of  mails  and   supplies,   be 


732  Chapter  382  [1955 

allowed  the  sum  of  $1,638;  that  George  F.  Martin,  senate  mes- 
senger acting  as  custodian  of  mails  and  supplies,  be  allowed 
the  sum  of  $448.50 ;  that  Maurice  Youmans,  senate  messenger 
acting  as  custodian  of  mails  and  supplies,  be  allowed  the  sum 
of  $1,320;  that  Sherman  L.  Greer,  Mabel  L.  Richardson, 
Bertha  E.  Boutwell  and  Harry  J.  E.  Robinson,  doorkeepers  of 
the  house,  be  allowed  the  sum  of  $1,116  each;  that  Daniel 
Cronin,  doorkeeper  of  the  senate,  be  allowed  the  sum  of 
$1,116;  that  Oney  Russell,  warden  of  the  coat  room,  be  allowed 
the  sum  of  $1,116;  that  Fayne  E.  Anderson,  assistant  warden 
of  the  coat  room,  be  allowed  the  sum  of  $1,116;  that  Forest  A. 
Bucklin,  library  messenger  of  the  house,  be  allowed  the  sum 
of  $1,116;  that  Lucie  Weston,  telephone  messenger  of  the 
house,  be  allowed  the  sum  of  $1,116;  that  Charles  E.  Wood- 
bury, assistant  messenger  of  the  senate,  be  allowed  the  sum  of 
$756;  that  William  T.  Thompson,  speaker's  page,  be  allowed 
the  sum  of  $1,116;  that  James  Martin,  page,  be  allowed  the 
sum  of  $1,158;  that  H.  Furber  Jewett,  page,  be  allowed  the 
sum  of  $1,116;  that  George  J.  Heon,  page,  be  allowed  the  sum 
of  $1,116;  that  Joseph  Kershaw,  page,  be  allowed  the  sum 
of  $1,116;  that  Reuben  S.  Moore,  page,  be  allowed  the  sum  of 
$1,116;  that  Joseph  W.  Means,  clerks'  messenger,  be  allowed 
the  sum  of  $1,116 ;  that  Palmer  C.  Read,  judiciary  messenger, 
be  allowed  the  sum  of  $1,122;  that  William  Palfrey,  appropri- 
ations messenger,  be  allowed  the  sum  of  $972;  that  Marjorie 
Greene,  stenographer,  be  allowed  the  sum  of  $1,350;  that 
Natalie  Douillette,  stenographer,  be  allowed  the  sum  of  $50.18; 
that  John  N.  Nassikas,  legislative  adviser  to  the  executive  de- 
partment, be  allowed  the  sum  of  $6,250;  that  James  Martin, 
be  allowed  the  sum  of  $177;  that  Clarence  DuBois  be  allowed 
the  sum  of  $67.50 ;  that  John  Todd  be  allowed  the  sum  of  $24 ; 
that  John  Ball  be  allowed  the  sum  of  $7.50 ;  that  the  superin- 
tendent of  state  buildings  and  grounds  be  allowed  the  sum  of 
$706.22  for  extra  janitor  service;  that  the  sum  of  $200  be 
appropriated  to  pay  the  expenses  of  the  speaker  of  the  house 
of  representatives  during  the  months  of  November  and  De- 
cember, 1956  when  he  shall,  if  necessary,  be  working  to  pre- 
pare for  the  incoming  legislature  relative  to  reference  of  new 
bills  to  committees,  the  transmission  of  the  proposed  bills  to 
the  printer  and  to  do  any  other  matters  that  may  be  necessary 
in  conjunction  with  the  preparation  and  drafting  of  bills  for 


1955]  Chapter  382  733 

the  1957  session;  that  the  office  of  the  secretary  of  state  be 
allowed  the  sum  of  $10,836  for  the  employment  of  Benjamin  F. 
Greer,  clerk  of  the  senate,  and  Robert  L.  Stark,  clerk  of  the 
house,  during  the  period  from  September  5,  1955  to  December 
31,  1956  at  the  rate  of  $153.85  each,  bi-weekly ;  said  Benjamin 
F.  Greer  and  Robert  L.  Stark  to  perform  such  duties  as  the 
secretary  of  state  may  assign  them.  The  services  of  the  said 
Benjamin  F.  Greer  and  Robert  L.  Stark  shall  be  available  to 
all  interim  committees  and  commissions  set  up  by  this  legis- 
lature and  to  the  constitutional  convention  which  is  to  convene 
in  May,  1956.  The  above  mentioned  sums  shall  be  a  charge  up- 
on the  legislative  appropriation. 

That  the  sum  of  $8,798.92  is  hereby  appropriated  for  the 
recreation  division  for  the  fiscal  year  ending  June  30,  1956, 
and  a  like  sum  for  the  fiscal  year  ending  June  30,  1957,  for  the 
payment  of  fire  and  extended  coverage  insurance  premiums, 
and  said  sum  appropriated  shall  be  a  charge  upon  the  recre- 
ation division  funds. 

That  any  Merrimack  county  employee,  except  the  superin- 
tendent of  the  county  farm,  who  has  served  at  least  one  year 
shall  not  be  discharged  or  removed  from  office  except  for  mal- 
feasance, misfeasance,  or  inefficiency  in  office,  or  incapacity  or 
unfitness  to  perform  his  duties  as  a  county  employee.  Prior  to 
the  discharge  or  removal  of  any  such  employee  a  statement  of 
.the  grounds  and  reasons  therefor  shall  be  prepared  by  the 
county  commissioners  and  signed  by  a  majority  of  the  board 
and  notice  thereof  shall  be  given  to  said  employee  not  less  than 
ten  days  nor  more  than  thirty  days  prior  to  the  effective  date 
of  such  discharge  or  removal.  Upon  receipt  of  such  notice  the 
employee  may  request  a  public  hearing  thereon  before  the 
county  commissioners.  If  upon  such  hearing  said  commission- 
ers shall  find  good  cause  for  discharge  or  removal  of  said  em- 
ployee they  shall  order  his  discharge  or  removal  from  office, 
provided  that  said  employee  shall  have  an  appeal  from  the 
order  of  the  county  commissioners  to  the  executive  committee 
of  the  county  delegation  as  provided  in  section  12-b  of  chapter 
47  of  the  Revised  Laws.  That  any  such  employee  whose  dis- 
charge or  removal  has  been  ordered  by  the  county  commis- 
sioners may,  within  ten  days  after  notice  of  such  order,  make 
written  request  to  the  chairman  of  the  Merrimack  county  con- 
vention for  a  rehearing.  There  shall  be  no  change  in  salary  of 


734  Chapter  382  [1955 

such  employee  pending  the  outcome  of  the  appeal.  The  chair- 
man of  said  county  delegation,  as  an  ex-officio  member  of  the 
executive  committee,  shall  upon  receipt  of  said  request,  call  a 
special  meeting  of  the  executive  committee  whose  decision  on 
the  discharge  or  removal  of  said  employee  shall  be  final. 

That  a  study  group  of  five  persons  comprised  of  three  rep- 
resentatives and  two  senators;  the  representatives  being 
appointed  by  the  speaker  of  the  house  and  the  senators  being 
appointed  by  the  president  of  the  senate  to  study  the  feasi- 
bility of  a  toll  road  in  the  Lake  Winnipesaukee  area.  This  study 
group  shall  serve  without  compensation,  and  shall  report  its 
findings  to  the  1957  legislature. 
[Approved  August  5,  1955.] 


PRIVATE  ACTS 


CHAPTER  383. 


an  act  validating  cektain  proceedings  of  the  bedford 
School  District. 

Be  it  enact ed  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Bedford  School  District.  The  votes  and  proceedings  of 
the  Bedford  School  District  at  the  special  meeting  held  Septem- 
ber 15, 1954,  are  hereby  legalized,  ratified  and  confirmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  January  20,  1955. J 


CHAPTER  384. 


AN  ACT  LEGALIZING  THE  ANNUAL  TOWN  MEETING  AND  CERTAIN 
SPECIAL  TOWN  MEETINGS  IN  THE  TOWN  OF  HUDSON. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Votes  and  Proceedings  Legalized.  The  votes  and  pro- 
ceedings of  a  special  town  meeting  held  in  Hudson  on  Janu- 
ary 23,  1954;  the  annual  town  meeting  held  in  the  town  of 
Hudson  on  March  9,  1954;  the  adjourned  annual  town  meeting 
held  in  Hudson  on  May  1,  1954;  and  a  special  town  meeting 
held  in  Hudson  on  October  4,  1954  are  hereby  legalized,  ratified 
and  confirmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  February  9,  1955.] 


736  Chapters  385, 386  [1955 

CHAPTER  385. 

an  act  relative  to  the  sewerage  system  in  the  town  of 

Jaffrey. 

Be  it  eTmcted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Sewer  Funds.  The  funds  received  from  the  collection  of 
sewer  rentals  in  the  town  of  Jaffrey  shall  be  kept  as  a  separate 
and  distinct  fund  and  shall  be  known  as  the  sewer  fund.  Any 
surplus  in  such  fund  may  be  used  for  the  enlargement  or  re- 
placement of  the  sewerage  system  or  the  sewage  disposal 
works  and  for  the  extension  of  sewerage  systems  to  serve  un- 
sewered  areas,  but  shall  not  be  used  for  any  purpose  other  than 
those  above  specified. 

2.  Application  of  Laws.  In  the  town  of  Jaffrey  the  pro- 
visions of  section  9,  part  22,  chapter  90  of  the  Revised  Laws, 
as  inserted  by  chapter  188,  Laws  of  1945  (section  11,  chapter 
252,  RSA)  shall  not  apply  to  the  sewer  funds. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  February  17,  1955.] 


CHAPTER  386. 

AN  ACT  RELATIVE  TO  THE  CHARTER  OF  COLBY  JUNIOR  COLLEGE 

FOR  Women. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Property  Authorized.  Amend  section  2  of  the  charter  of 
Colby  Junior  College  for  Women,  an  act  approved  July  4,  1837, 
chapter  29  of  the  Private  Acts  passed  at  the  June,  1837  session 
of  the  General  Court,  as  amended  by  chapter  1620  of  the  Laws 
of  1854,  chapter  1741  of  the  Laws  of  1855,  chapter  83  of  the 
Laws  of  1867,  chapter  91  of  the  Laws  of  1875,  chapter  134  of 
the  Laws  of  1878,  chapter  236  of  the  Laws  of  1891,  chapter  206 
of  the  Laws  of  1903,  chapter  327  of  the  Laws  of  1929,  chapter 
311  of  the  Laws  of  1933,  and  chapter  268  of  the  Laws  of  1941, 


1955]  Chapter  387  737 

by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  Sec.  2.  Be  it  further  enacted,  that  said  corpora- 
tion may  establish  an  institution  in  the  town  of  New  London  in 
the  country  of  Merrimack  for  the  education  and  instruction  of 
youth  in  useful  knowledge,  may  erect,  own  and  maintain  suit- 
able buildings  therefor,  and  may  hold  real  and  personal  estate 
to  an  amount  not  exceeding  five  million  dollars,  and  that  all 
gifts,  donations,  bequests  or  legacies  that  may  from  time  to 
time  be  given  or  bequeathed  to  said  institution  may  be  re- 
ceived, held  and  possessed,  or  be  sold  and  disposed  of  by  said 
corporation  for  the  use  and  benefit  of  said  institution,  and  the 
interests,  rents,  and  profits  of  the  same  applied  by  the  corpo- 
ration in  such  a  manner,  as  will  best  promote  the  object  of  said 
institution. 

,2.     Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  February  23,  1955.] 


CHAPTER  387. 

an  act  legalizing  the  biennial  election  in  the  town  of 

Newport. 

Be  it  enoiCted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  biennial  election  held  in  the  town  of  Newport  on  the  second 
day  of  November,  1954,  are  hereby  legalized,  ratified  and  con- 
firmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  February  25,  1955.] 


738  Chapters  388,  389  [1955 

CHAPTER  388. 

AN  ACT  LEGALIZING  THE  BIENNIAL  ELECTION  HELD  IN  THE  TOWN 

OF  Newbury,  November  2,  1954. 

Be  it  enoicted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  biennial  election  in  the  town  of  Newbury,  on  the  second 
day  of  November,  1954,  are  hereby  legalized,  ratified  and  con- 
firmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  February  25,  1955.] 


CHAPTER  389. 

AN  ACT  RELATING  TO  THE  GaLE  HoME  FOR  AgED  AND 

Destitute  Women. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Amount  of  Property  Authorized.  Amend  section  2  of 
the  charter  of  the  Gale  Home  for  Aged  and  Destitute  Women, 
chapter  199  of  the  Laws  of  1889  as  amended  by  chapter  296  of 
the  Laws  of  1929,  by  striking  out  the  word  "eight"  in  the 
sixth  line  and  inserting  in  place  thereof  the  words,  one  million 
five,  so  that  said  section  as  amended  shall  read  as  follows: 
Sect.  2.  Said  corporation  is  authorized  to  establish  and  main- 
tain in  the  city  of  Manchester  an  institution  for  the  care  and 
support  of  aged  and  destitute  women,  and  for  that  purpose 
may  acquire  and  hold  by  lease,  purchase,  donation,  deed,  will, 
or  otherwise,  real  and  personal  estate  not  exceeding  in  value 
one  million  five  hundred  thousand  dollars,  and  alienate  the 
same  at  pleasure;  and  said  corporation  being  in  the  nature  of 
a  public  charity,  its  property  shall  be  exempted  from  taxation. 

2.  Takes  Effect.  This  act  shall  take  effect  upou  its  passage 
and  shall  be  subject  to  alteration,  amendment  or  repeal  at  the 
pleasure  of  the  legislature. 

[Approved  February  25,  1955.] 


1955]  Chapters  390,  391  739 

CHAPTER  390. 

an  act  relative  to  bonded  indebtedness  of  the  town  of 
Hancock  for  water-works. 

Be  it  enoicted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Hancock  Water-works.  Amend  section  4  of  chapter  231 
of  the  Laws  of  1907  by  striking  out  the  words  "twenty  thou- 
sand" and  inserting  in  place  thereof  the  following,  seventy-five 
thousand,  so  that  said  section  as  amended  shall  read  as  follows : 
Sect.  4.  Said  town  is  also  authorized  and  empowered,  at  any 
annual  or  special  meeting,  by  a  major  vote  of  those  present 
and  voting,  to  raise  and  appropriate,  or  to  borrow  or  hire  such 
sums  of  money  on  the  credit  of  the  town  as  may  from  time  to 
time  be  deemed  necessary  and  expedient,  for  the  purpose  of 
defraying  the  expense  of  purchasing  real  estate,  rights  in  real 
estate,  water-rights,  streams,  springs,  ponds,  lakes,  and  other 
rights  and  property,  as  aforesaid,  and  for  constructing,  main- 
taining, repairing,  extending,  enlarging,  and  operating  said 
water-works,  such  indebtedness  not  to  exceed  at  any  one  time 
seventy-five  thousand  dollars,  and  to  issue  notes  or  bonds  of 
the  town  therefor,  in  such  amounts  and  payable  at  such  time 
or  times  and  at  such  rates  of  interest  as  may  be  thought 
proper,  and  may  exempt  such  notes  or  bonds  from  taxation 
when  held  by  inhabitants  of  the  town,  said  notes  and  bonds  to 
be  signed  by  at  least  a  majority  of  the  selectmen  and  counter- 
signed by  the  town  treasurer.  Said  town  is  hereby  authorized 
and  empowered  to  raise  by  taxation  and  pay  each  year  the  in- 
terest of  the  notes  and  bonds  so  issued,  and  such  part  of  the 
principal  as  the  town  may  determine  at  any  annual  meeting. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  February  25,  1955.] 


CHAPTER  391. 


an  act  relative  to  the  charter  of  The  Trustees  of  the 
Protestant  Episcopal  Church  in  New  Hampshire. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Property  Authorized.     Amend  an  act  entitled  "An  Act 


740  Chapter  392  [1955 

to  incorporate  sundry  persons  by  the  name  of  The  Trustees 
of  the  Protestant  Episcopal  Church  in  New  Hampshire," 
approved  July  10,  1846,  as  amended  by  an  act  approved  June 
29,  1853,  an  act  approved  June  28,  1877,  and  by  chapter  141 
of  Laws  of  1897,  and  by  chapter  265  of  Laws  of  1931,  and  by 
chapter  278  of  Laws  of  1937,  by  striking-  out  section  1  of 
chapter  278  of  Laws  of  1937  and  inserting  in  place  thereof  the 
following:  The  Trustees  of  the  Protestant  Episcopal  Church 
in  New  Hampshire  may  receive  and  hold  in  trust  or  otherwise 
by  subscription,  grants,  gifts,  bequests  or  otherwise  real  and 
personal  estate,  and  may  invest,  reinvest  or  appropriate  the 
same  or  the  income  thereof  for  the  benefit  of  the  Protestant 
Episcopal  Church  in  New  Hampshire  as  said  corporation  by  its 
by-laws  or  votes  may  direct,  and  as  the  conditions  of  the  trust 
shall  prescribe. 

2.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage.  ; 

[Approved  March  5,  1955.] 


CHAPTER  392. 


AN  ACT  TO  INCREASE  THE  AMOUNT  OF  PROPERTY  PERMITTED  TO  BE 
HELD  BY  THE  NeW  HAMPSHIRE  CONFERENCE  PREACHERS' 

Aid  Society  of  the  Methodist  Church. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  New    Hampshire   Conference    Preachers'    Aid   Society. 

Amend  section  2  of  chapter  127  of  the  Laws  of  1877  as  amended 
by  section  1  of  chapter  179  of  the  Laws  of  1905  by  striking  out 
the  words  "two  hundred  fifty  thousand"  in  the  third  line  and 
inserting  in  place  thereof  the  words,  one  million,  so  that  said 
section  as  amended  shall  read  as  follows:  Sect.  2.  Said 
corporation  shall  have  the  power  to  hold  by  gift,  grant,  be- 
quest, purchase,  or  otherwise,  any  real  estate  or  personal 
property  which  shall  not  exceed  in  value  one  million  dollars. 

2.  Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 

[Approved  March  5,  1955.] 


1955]  Chapters  393,  394  741 

CHAPTER  393. 

AN  ACT  RELATIVE  TO  BORROWING  BY  THE  CAMPTON  VILLAGE 

Precinct. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Genenal  Court  convened: 

1.  Campton  Village  Precinct.  The  Campton  Village  Pre- 
cinct in  the  town  of  Campton  is  hereby  authorized  to  borrow 
on  the  credit  of  the  precinct  a  sum  not  exceeding  twenty  thou- 
sand dollars  for  the  purpose  of  extending  and  improving  its 
water  system. 

2.  Payments.  Payments  on  the  principal  of  the  debt 
authorized  by  this  act  shall  not  begin  until  1965. 

3.  Application  of  Laws.  Except  as  otherwise  provided  in 
this  act  the  provisions  of  the  municipal  finance  act  shall  apply 
to  the  bonds  or  notes  herein  authorized. 

4.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  March  7,  1955.] 


CHAPTER  394. 


AN  ACT  relating  TO  OySTER  RIVER  COOPERATIVE  SCHOOL 

District. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Organization  and  Proceedings  Legalized.  Oyster  River 
Cooperative  School  District  hereby  is  constituted  a  legally 
organized  cooperative  school  district  as  of  August  6,  1953 
under  chapter  199  of  the  Laws  of  1947  as  amended  in  accord- 
ance with  the  votes  taken  at  a  meeting  of  said  district  held  on 
August  6,  1953  and  all  votes  and  proceedings  of  said  district 
at  said  meeting  and  at  meetings  held  on  November  24,  1953 
and  on  April  7,  1954  are  hereby  legalized,  ratified  and  con- 
firmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  March  10,  1955.] 


742  Chapters  395,  396  [1955 

CHAPTER  395. 

AN  ACT  RELATIVE  TO  THE  CHARTER  OF  St.  PAUL'S  LODGE  NO.  30, 

F.  &  A.  M.  AT  Alstead. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  St.  Paul's  Lodge.  Amend  section  1  of  chapter  111  of 
the  Laws  of  1867  by  striking-  out  the  word  "five"  and  inserting 
in  place  thereof  the  word,  fifteen,  so  that  said  section  as 
amended  shall  read  as  follows:  Section  1.  That  Leland  J. 
Graves,  C.  A.  Fowler,  Edward  Glover,  William  M.  French, 
Joseph  M.  Chapin  and  Isaac  F.  Kendall,  their  associates  and 
successors,  be,  and  they  hereby  are  made  a  body  corporate  and 
politic  by  the  name  of  St.  Paul's  Lodge,  No.  30,  at  Alstead,  for 
such  charitable  and  benevolent  purposes  as  said  corporation 
may  from  time  to  time  designate;  and  by  that  name  may  sue 
and  be  sued,  prosecute  and  defend  to  final  judgment  and 
execution ;  may  have  and  use  a  common  seal,  and  the  same  may 
break,  alter,  and  renew  at  pleasure ;  and  be  vested  with  all  the 
powers  and  privileges,  and  subject  to  all  the  liabilities  of 
corporations  of  a  similar  character,  and  may  take  and  hold 
real  and  personal  estate  by  donation,  bequest  or  otherwise  to 
the  use  of  said  corporation  to  an  amount  not  exceeding  fifteen 
thousand  dollars,  and  the  same  may  sell,  convey  or  otherwise 
dispose  of  at  pleasure. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  March  12,  1955.] 


CHAPTER  396. 


an  act  relating  to  investment  of  trust  funds  by  the  first 

Unitarian  Congregational  Society  of  Nashua, 

New  Hampshire. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     The  First  Unitarian  Congregational  Society.     The  First 
Unitarian  Congregational  Society  of  Nashua,  New  Hampshire 


1955]  Chapter  397  743 

is  authorized  to  merge  any  and  all  funds  received  or  held  by  it 
into  a  consolidated  investment  fund.  Each  separate  fund  so 
merged  shall  be  represented  by  its  proportionate  part  of  said 
consolidated  investment  fund,  and  income  returnable  on  each 
separate  fund  so  merged  shall  be  that  proportion  of  the  total 
net  income  earned  by  said  consolidated  investment  fund  which 
each  separate  fund  so  merged  bears  to  the  whole  investment 
fund.  In  any  accounting,  probate  or  otherwise,  of  the  adminis- 
tration of  said  separate  funds  a  proper  account  filed  in  accord- 
ance with  the  merger  and  investment  powers  herein  conferred 
shall  be  accepted  and  approved.  Provided,  however,  that  no 
funds  shall  be  merged  under  the  authority  hereof  if  the  in- 
strument creating  the  trust  expressly  provides  otherwise. 

2.    Takes   Effect.      This   act    shall   take    effect   upon   its 
passage. 
[Approved  March  17,  1955.] 


CHAPTER  397. 


an  act  relative  to  audit  of  the  accounts  op  the  city  of 

Portsmouth. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  City  of  Portsmouth.  Amend  section  43  of  chapter  398 
of  the  Laws  of  1947  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  43.  Independent  Audit.  An 
independent  audit  shall  be  made  of  all  accounts  of  the  city  gov- 
ernment at  least  annually  and  more  frequently  if  deemed 
necessary  by  the  council.  Such  audit  may  be  made  by  the  tax 
commission,  or  if  not  made  by  said  commission  said  audit  shall 
be  made  by  public  accountants  experienced  in  municipal 
accounting.  An  abstract  of  the  results  of  such  audit  shall  be 
made  public.  An  annual  report  of  the  city's  business  shall  be 
printed  and  made  available. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  1,  1955.] 


744  CHAPTERS  398,  399  [1955 

CHAPTER  398. 

AN  ACT  LEGALIZING  THE  PROCEEDINGS  OF  THE  VILLAGE  DISTRICT 
MEETING  OF  NORTH  WaLPOLE  ON  MARCH  20,  1950. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Meeting  Legalized.  The  votes  and  proceedings  of  the 
annual  village  district  meeting  of  the  village  of  North  Walpole 
on  March  20,  1950  are  hereby  legalized,  ratified  and  confirmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  1,  1955,] 


CHAPTER  399. 

AN  ACT  RELATIVE  TO  PARK  COMMISSION  OF  THE  CITY  OF  BERLIN. 

Be  it  enacted  by  the  Senate  and.  House  of  Representatives  in 
General  Court  convened: 

1.  Berlin  Park  Commissioners.  Amend  section  3  of  chap- 
ter 297  of  the  Laws  of  1917  by  striking  out  the  last  two 
sentences  and  inserting  in  place  thereof  the  following:  The 
mayor  and  council  may,  in  their  discretion,  establish  salaries 
to  be  paid  to  each  member  of  the  commission,  except  the  ex 
officio  members.  The  mayor  and  city  engineer  shall  be  ex  officio 
members  of  said  board  with  all  rights  of  other  members  ex- 
cept as  hereinabove  otherwise  provided.  The  board  shall  be 
furnished  a  suitable  office  in  the  city  hall,  so  that  said  section 
as  amended  shall  read  as  follows :  Sect.  3.  For  the  more  con- 
venient management  of  said  parks,  playgrounds  and  parkways 
the  said  city  shall  place  the  control  and  management  of  the 
same  in  a  board  of  park  commissioners  to  consist  of  three 
citizens  of  said  city  and  two  ex  officio  members  as  hereinafter 
provided;  and  on  the  last  Monday  of  March,  1917,  the  mayor 
shall  appoint,  subject  to  the  approval  and  confirmation  of  the 
city  council,  said  board  of  park  commissioners;  the  first  of 
whom  shall  serve  for  three  years,  the  second  for  two  years, 
and  the  third  for  one  year,  and  annually  thereafter  on  the  last 
Monday  of  March,  the  mayor  shall  appoint,  subject  to  the 


X. 


1955]  Chapter  399  745 

approval  and  confirmation  of  the  city  council,  one  citizen  of 
said  city  to  be  a  member  of  said  board  of  park  commissioners 
to  hold  office  for  the  term  of  three  years  from  the  date  of  his 
appointment,  or  until  his  successor  is  appointed  and  qualified 
unless  sooner  removed.  If  a  vacancy  occurs,  the  mayor  and 
council  shall  in  the  same  manner  fill  the  vacancy  for  the  residue 
of  the  term,  and  may  remove  any  member  of  said  board  for 
cause,  or  when  the  public  good  may  require.  No  member  of 
said  board  of  park  commissioners  shall  be  a  member  of  the 
city  council,  and  there  shall  not  be  at  any  time  more  than  two 
members  of  said  board  of  the  same  political  party.  The  mayor 
and  council  may,  in  their  discretion,  establish  salaries  to  be 
paid  to  each  member  of  the  commission,  except  the  ex  officio 
members.  The  mayor  and  city  engineer  shall  be  ex  officio  mem- 
bers of  said  board  with  all  rights  of  other  members  except  as 
hereinabove  otherwise  provided.  The  board  shall  be  furnished 
a  suitable  office  in  the  city  hall. 

2.  Authority  of  Board  of  Park  Commissioners.  Amend 
section  4  of  said  chapter  297  by  inserting  after  the  word  "park- 
ways" in  the  sixth  and  fifteenth  lines  the  words,  and  for  rec- 
reational purposes,  so  that  said  section  as  amended  shall  read 
as  follows:  Sect.  4.  The  said  board  of  park  commissioners 
shall  organize  annually  in  the  month  of  April  by  the  choice  of 
one  of  their  members  as  chairman,  and  shall  also  choose  a 
clerk  who  may  be  one  of  said  commissioners.  They  may  pre- 
scribe such  rules  and  regulations  governing  the  care,  improve- 
ment and  management  of  said  parks,  playgrounds  and  park- 
ways, and  for  recreational  purposes,  as  the  city  council  hereto- 
fore or  shall  hereafter  have  the  right  to  make  under  the  laws 
of  this  state.  They  shall  have  the  expenditure  of  all  appro- 
priations which  the  city  council  of  said  city  from  year  to  year 
vote  for  such  purposes,  and  all  bills  for  the  expenditures  from 
the  appropriations  so  voted  by  the  city  council  shall  be  approved 
by  said  board  before  the  same  are  paid  by  the  city  treasurer. 
The  said  board  shall  annually  in  the  month  of  April  send  to  the 
city  council  an  estimate  of  the  appropriation  required  for  the 
acquisition,  care,  and  maintenance  of  said  parks,  playgrounds 
and  parkways,  and  for  recreational  purposes,  during  the  finan- 
cial year;  and   the  said  board  of  park  commissioners   shall 


746  Chapters  400, 401  [1955 

recommend  to  the  city  council  the  acquiring  of  such  lands  as  in 
their  opinion  should  be  taken  for  the  purposes  of  this  act. 

3.    Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  April  11,  1955.] 


CHAPTER  400. 


an  act  relative  to  registration  of  voters  of  the  city  of 

Concord. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  City  of  Concord.  Amend  section  2-a  of  chapter  418  of 
the  Laws  of  1949,  as  inserted  by  chapter  359  of  the  Laws  of 
1953  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  2-:a.  Registration.  The  supervisors  of  the 
check-lists  in  the  city  of  Concord  shall  hold  all  sessions  for  the 
correction  of  the  check-lists  of  their  respective  wards  at  their 
respective  ward  houses. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  11,  1955.] 


CHAPTER  401. 


an  act  relative  to  legalizing  certain  proceedings  at  the 
Exeter  tov^n  meeting,  March  8,  1955. 

Be  it  enacted  by  the  Senate  and,  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings 
taken  by  the  town  of  Exeter  at  its  annual  meeting  held  March 
8,  1955,  relative  to  an  appropriation  for  band  concerts  in  said 
town,  are  hereby  legalized,  ratified  and  confirmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  11,  1955.] 


1955]  Chapters  402,  403, 404  747 

CHAPTER  402. 

an  act  to  legalize  the  1955  meeting  in  the  town  of 

Littleton. 

Be  it  eyiacted  by  the  Senate  and  House  of  Representatives  in 
Gene7ul  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings 
taken  at  the  annual  town  meeting  in  Littleton,  March  8,  1955 
are  hereby  legalized,  ratified  and  confirmed. 

2.  Takes  Eflfect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  11,  1955.] 


CHAPTER  403. 


an  act  to  legalize  the  annual  meeting  of  the  bristol 
School  District. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  of 
the  annual  school  district  meeting  of  the  Bristol  School  District 
held  on  March  3,  1955,  are  hereby  legalized,  ratified  and  con- 
firmed. 

2.  Takes  Eflfect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  11,  1955.] 


CHAPTER  404. 


an  act  legalizing  the  annual  meeting  in  the  town  of 
Atkinson. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  meeting  of  the  town  of  Atkinson,  held  on  March  8, 
1955,  are  hereby  legalized,  ratified  and  confirmed. 


748  Chapter  405  [1955 

2.     Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  April  11,  1955.] 


CHAPTER  405. 


an  act  relative  to  the  charter  of  the  dartmouth  savings 
Bank  at  Hanover. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Dartmouth  Savings  Bank.  Amend  section  6  of  chapter 
2426  of  the  Laws  of  1860,  approved  July  4,  1860,  being  the 
charter  of  the  Dartmouth  Savings  Bank,  by  striking  out  the 
words  "Provided  that  such  real  estate  held  at  any  one  time  for 
the  purpose  aforesaid  shall  not  exceed,  at  the  time  of  the  pur- 
chase or  acceptance  thereof  by  the  corporation,  the  sum  of 
three  thousand  dollars,"  so  that  said  section  as  amended  shall 
read  as  follows :  Sec.  6.  The  said  corporation  shall  be  capable 
of  taking  and  holding  such  buildings  and  real  estate  as  shall 
be  necessary  and  convenient  for  managing  their  affairs;  and 
the  said  corporation  shall  be  further  allowed  to  take,  hold,  and 
dispose  of  any  real  estate  whatever  which  may  in  good  faith 
be  pledged  or  mortgaged  for  the  security  of  its  loans  or  debts 
due  to  it,  or  which  may  be  in  good  faith  conveyed  to  or  taken 
by  said  corporation  in  satisfaction  or  discharge  of  its  debts, 
demands  or  liabilities,  which  shall  have  been  previously  con- 
tracted or  incurred. 

2.  Compensation  of  Officers.  Amend  section  7  of  said 
charter  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  Sect.  7.  The  said  corporation  shall 
not  make  or  issue  any  bill  or  promissory  note,  to  circulate  as 
currency.  The  said  corporation  may  pay  its  president,  trustees, 
treasurer  and  other  officers  and  employees  reasonable  compen- 
sation for  services  rendered. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  11,  1955.] 


1955]  Chapter  406  749 

CHAPTER  406. 

AN  ACT  REQUIRING  A  NEW  REGISTRATION  OF  VOTERS  IN  THE 

CITY  OF  Dover. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Cancellation  of  Check-lists;  Reregistration.  On  June  1, 
1955,  all  check-lists  in  the  city  of  Dover  shall  become  null  and 
void,  and  all  legal  voters,  except  as  hereinafter  provided,  shall 
be  required  to  reregister  with  the  board  of  supervisors  of  said 
city. 

2.  Sessions  for  Registration.  The  board  of  supervisors  ot 
voters  for  the  city  of  Dover  shall  be  in  session  for  the  purpose 
of  preparing  new  lists  of  voters  for  sixteen  sessions  during  the 
period  from  June  1,  1955,  to  June  18,  1955,  inclusive.  Said 
sessions  shall  be  held  in  the  morning,  afternoon  and  evening, 
the  time  and  place  of  said  meetings  shall  be  advertised  in  a 
newspaper  published  in  Dover  for  at  least  three  days  prior  to 
the  first  meeting  and  thence  for  at  least  seven  days  during  the 
period  that  the  meetings  are  held. 

3.  Exceptions.  The  name  of  any  legal  voter  of  said  city 
who  is  in  the  armed  forces  when  the  reregistration  of  voters  is 
held,  and  who  had  previously  been  registered,  shall  be  added 
.to  the  new  check-list  by  the  supervisors  without  the  require- 
ment for  appearance  before  the  board. 

4.  Registration.  The  board  shall  make  a  complete  alpha- 
betical list  of  all  male  voters  and  a  complete  alphabetical  list  of 
all  female  voters  in  each  of  the  several  wards,  and  shall  record 
the  first  or  Christian  name  of  each  voter  in  full,  but  may  use 
initial  letters  to  designate  the  middle  name  or  names  of  vot- 
ers; they  shall  also  record  against  the  name  of  each  voter  the 
name  of  the  street,  and  the  number  of  the  dwelling  in  which 
said  voter  resides.  The  board  shall  enter  upon  the  check-lists 
of  the  respective  wards,  as  being  entitled  to  vote  in  the  re- 
spective wards,  the  names  of  those  persons  only  who  are 
known  to  them  to  be  legal  voters  in  the  ward  in  which  they 
live,  and,  in  case  the  voter  is  unknown  to  them,  only  if  such 
voter  shall  come  before  them  and  give  satisfactory  evidence  to 
the  board  that  such  voter  is  a  legal  voter  in  some  ward  of  the 
city ;  provided,  that  the  names  of  persons  shall  be  added  to  the 


750  Chapter  406  [1955 

list  as  provided  in  section  3,  and  further  provided  that  if  any 
person  is,  at  the  time  said  sessions  are  held,  physically  unable 
to  come  before  the  board,  the  board  may,  upon  satisfactory 
evidence  of  the  right  of  the  person,  register  him  as  a  voter. 
The  board  of  supervisors  may  require  any  person  applying  for 
registration  to  submit  to  an  examination  under  oath  as  to  his 
right  to  be  registered.  Any  member  may  administer  the  oath, 
and  any  false  statement  by  the  applicant  upon  such  examina- 
tion shall  be  perjury  and  be  punished  accordingly.  No  qualifi- 
cation shall  be  required  for  registering  than  is  agreeable  to 
the  constitution  and  laws  of  the  state. 

5.  Posting  Checklists.  The  supervisors,  not  later  than 
September  15,  1955,  shall  post  in  two  public  places  in  each 
ward  the  newly  printed  check-lists  for  that  ward  prepared 
according  to  this  act,  and  public  notice  shall  be  given  as  to  the 
location  of  the  public  places  at  which  said  check-lists  have  been 
posted.  Before  the  lists  are  posted  in  each  ward  the  super- 
visors shall  take  and  subscribe  before  a  notary  public  or  justice 
of  the  peace  the  following  oath,  the  blanks  being  first  properly 
filled,  which  oath  shall  be  upon  each  posted  list,  to  wit : 

We,  the  board  of  supervisors  of  the  city  of  Dover,  do 
solemnly  swear  that,  according  to  our  best  knowledge,  the 
within  list  contains  the  names  of  those  persons  only  who  are 

by  actual  residence  the  legal  registered  voters  in  ward 

in  said  city.  So  help  us  God. 

The  magistrate  before  whom  said  oath  is  taken  shall  make  on 

the  face  of  said  check-list  a  certificate  thereof. 

6.  Perjury;  Fraud.  Any  supervisor  who  shall  swear  falsely 
in  taking  the  oath  upon  the  check-list  prescribed  by  this  act 
shall  be  deemed  to  be  guilty  of  perjury,  and  shall  be  liable  to 
the  punishment  prescribed  therefor;  and  if  any  supervisor  shall 
wilfully  or  fraudulently  place  upon  the  check-list  the  name  of 
any  person  who  is  not  qualified  to  be  put  thereon  as  a  legal 
voter  in  the  ward  to  which  the  check-list  belongs,  or  shall  re- 
fuse to  place  upon  such  list  the  name  of  any  person  who  is  a 
legal  voter  in  the  ward,  or  shall  neglect  or  refuse  to  attend  to 
the  duties  of  his  ofiice,  or  in  any  way  wilfullj?-  violate  the  pro- 
visions of  this  act,  he  shall  be  imprisoned  in  the  county  jail  for 
not  less  than  thirty  days  nor  more  than  six  months  or  be  fined 
not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  or  both,  to  the  use  of  the  county  of  Strafford. 


1955]  Chapters  407,  408  751 

7.  Compensation.  The  members  of  the  board  of  super- 
visors of  the  city  of  Dover  shall  receive  the  same  compen- 
sation for  duties  hereunder  as  are  provided  for  regular  sessions 
for  correction  of  the  check-lists.  The  city  council  shall  make 
available  to  the  board  such  funds  as  shall  be  sufficient  to  enable 
the  board  to  obtain  clerical  assistance,  and  to  incur  such  ex- 
pense as  may  be  necessary  for  said  board  to  properly  perform 
its  duties  hereunder. 

8.  City  Clerk.  The  reregistration  provided  for  hereunder 
shall  be  under  the  supervision  of  the  city  clerk. 

9.  Inconsistent  Statutes.     All  acts  and  parts  of  act  apply- 
ing to  the  city  of  Dover  which  are  inconsistent  with  the  pro- 
visions hereof  are  hereby  repealed  to  the  extent  of  such  in- 
consistence, and  this  act  shall  take  effect  as  of  June  1,  1955. 
[Approved  April  12,  1955.] 


CHAPTER  407. 


AN  ACT  LEGALIZING  THE  PROCEEDINGS  AT  THE  ANNUAL  TOWN 
MEETING  IN  COLEBROOK. 

B^  it  enacted  by  the  Senate  and  House  of  Representatives  iyi 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  town  meeting  of  the  town  of  Colebrook,  held  on  the 
eighth  day  of  March,  1955,  are  hereby  legalized,  ratified  and 
confirmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  16,  1955.] 


CHAPTER  408. 


an  act  legalizing  certain  district  meetings  of  the 
Alton  School  District. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Alton  School  District.     The  votes  and  proceedings  of  the 


752  Chapter  409  [1955 

Alton  School  District  at  the  annual  meeting  held  March  13, 
1954,  the  adjourned  annual  meeting-  held  June  19,  1954  and  at 
the  special  meeting  held  September  28,  1954  are  hereby 
legalized,  ratified  and  confirmed. 

2.    Takes   Effect.      This    act   shall    take    effect   upon   its 
passage. 
[Approved  April  16,  1955.] 


CHAPTER  409. 


AN   ACT  RELATIVE  TO  NOTICES   FOR  MEETINGS  OF  THE  CITY 

COUNCIL  OF  Concord. 

Be  it  enacted  by  the  Senate  and  House  of  Repres'entatives  in 
Genernl  Court  convened: 

1.  Concord  Councilmen.  Amend  section  12  of  chapter  418 
of  the  Laws  of  1949  by  adding  after  the  word  "councilman"  in 
the  fourth  line  of  said  section  the  following  words,  or  left  at 
his  or  her  last  and  usual  abode,  so  that  said  section  as  amended 
shall  read  as  follows:  12.  Meetings.  All  meetings  of  the 
council  shall  be  public.  Regular  meetings  shall  be  held  on  the 
second  Monday  of  each  month  and  special  meetings  upon  notice 
delivered  to  each  councilman,  or  left  at  his  or  her  last  and 
usual  abode,  by  the  city  clerk  at  the  written  request  of  the 
manager  or  at  least  eight  councilmen.  The  council  shall  estab- 
lish its  own  rules  and  a  majority  shall  constitute  a  quorum 
for  the  transaction  of  the  business  of  the  council.  Newly  elected 
members  of  the  council  shall  assume  office  at  the  regular  Janu- 
ary meeting  in  each  even  numbered  year. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  16,  1955.] 


1955]  Chapters  410,  411  753 

CHAPTER  410. 

AN  ACT  AUTHORIZING  THE  TOWN  OF  NEWPORT  TO  FUND  OR 
REFUND  ITS  INDEBTEDNESS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Authorization.  The  town  of  Newport  is  hereby  author- 
ized to  raise,  appropriate  and  borrow  money  to  an  aggregate 
amount  of  not  exceeding  thirty-two  thousand  dollars  and  to 
issue  its  serial  notes  or  bonds  therefor  on  the  credit  of  the 
town  for  the  purposes  of  funding  or  refunding  outstanding 
bonds  and  notes  against  said  town.  Said  notes  or  bonds  shall 
be  due  and  payable  at  such  times,  not  more  than  twenty  years 
from  their  date  of  issue,  and  in  such  amounts,  and  in  such 
manner  as  the  board  of  selectmen  and  treasurer  of  the  town 
may  determine  at  a  rate  of  interest  to  be  fixed  by  said  board. 
Said  notes  or  bonds  shall  be  signed  by  the  selectmen  and 
countersigned  by  the  treasurer  and  shall  have  the  town  seal 
affixed. 

2.  Application  of  Laws.  Except  as  otherwise  provided 
herein  the  provisions  of  chapter  72,  Revised  Laws,  as  amended 
by  chapter  258,  Laws  of  1953,  shall  apply  to  the  notes  and  bonds 
herein  authorized. 

■  3.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  April  16,  1955.] 


CHAPTER  411. 

an  act  extending  the  powers  of  the  plymouth  village 
Fire  District. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Plymouth  Village  Fire  District.  The  Plymouth  Village 
Fire  District,  organized  under  the  general  laws,  is  hereby  em- 
powered and  authorized  to  enact  zoning  regulations  and  for 
that  purpose  shall  have  all  the  powers  conferred  upon  towns 


754  Chapters  412, 413  [1955 

by  sections  50  to  71,  inclusive,  of  chapter  51  of  the  Revised 
Laws,  as  amended. 

2,    Takes   Effect.      This    act   shall    take    effect   upon   its 
passage. 
[Approved  April  16,  1955.] 


CHAPTER  412. 


AN  ACT  TO  INCREASE  THE  BORROWING  POWER  OF  THE  CENTRAL 

HooKSETT  Water  Precinct. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Issuance  of  Bonds.  The  Central  Hooksett  Water  Pre- 
cinct, from  after  the  effective  date  of  this  act,  is  hereby  author- 
ized and  empowered  to  issue  on  the  credit  of  the  precinct  serial 
notes  or  bonds,  for  the  purpose  of  providing-  funds  for  the 
construction  of  a  municipal  water  works  system,  to  an  amount 
not  exceeding  one  hundred  eighty  thousand  dollars.  The  pro- 
visions of  chapter  70  and  72  of  the  Revised  Laws,  as  amended, 
shall  govern  the  authorization,  issuance,  form  and  sale  of  said 
bonds. 

2.  Exception.  In  ascertaining  and  fixing  the  debt  limit  of 
the  town,  or  school  district  of  Hooksett,  under  the  provisions 
of  chapter  72  of  the  Revised  Laws,  all  indebtedness  incurred 
under  the  authority  of  this  act  shall  be  excluded. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  26,  1955.] 


CHAPTER  413. 


AN  ACT  RELATIVE  TO  ELECTION  OF  CERTAIN  OFFICERS  OF 
THE  CITY  OF  ROCHESTER. 

Be  it  enacted  by  the  Senate  and,  House  of  Representatives  in 
General  Court  convened: 

1.     Annual  Meeting.     Amend  section  12  of  chapter  241  of 


1955]  Chapter  413  755 

the  Laws  of  1891  by  striking  out  the  words  "Wednesday  of 
January"  in  the  fifth  and  sixth  lines  and  inserting-  in  place 
thereof  the  words,  weekday  after  January  first,  so  that  said 
section  as  amended  shall  read  as  follows:  Sect.  12.  The 
meeting"  of  the  inhabitants  of  said  city  for  the  choice  of  such 
other  city,  ward,  and  town  officers  as  are  elected  by  the  people 
shall  be  held  annually  on  the  first  Tuesday  of  December;  and 
their  election  shall  be  by  ballot,  and  the  terms  of  their  re- 
spective offices  shall  commence  on  the  first  weekday  after 
January  first  next  following  such  election. 

2.  City  Clerk.  Amend  section  17  of  chapter  241  of  the 
Laws  of  1891  by  striking  out  the  words  "Wednesday  of  Janu- 
ary" in  the  second  line  and  inserting  in  place  thereof  the  words, 
weekday  after  January  first,  so  that  said  section  as  amended 
shall  read  as  follows :  Sect.  17.  The  mayor  and  council  shall 
annually,  on  the  first  weekday  after  January  first,  meet  for  the 
purpose  of  taking  the  oaths  of  their  respective  offices;  and 
when  so  met  they  shall  elect  a  city  clerk,  who  shall  also  be 
clerk  of  the  city  council. 

3.  Board  of  Health.  Amend  section  18  of  chapter  241  of 
the  Laws  of  1891  by  striking  out  the  word  "Wednesday"  in 
the  sixth  line  and  inserting  in  place  thereof  the  words,  week- 
day after  the  first  day,  so  that  said  section  as  amended  shall 
read  as  follows :  Sect.  18.  The  city  council  first  elected  under 
this  act  shall,  in  the  month  of  January,  and  as  soon  after  their 
first  meeting  as  convenient,  elect  three  persons,  legal  voters  of 
said  city,  to  constitute  a  board  of  health,  to  serve,  one  for  one 
year,  one  for  two  years,  and  one  for  three  years;  and  there- 
after, they  shall  annually,  in  the  month  of  January,  and  after 
the  first  weekday  after  the  first  day  therein,  elect  one  such  per- 
son to  serve  on  said  board  for  the  term  of  three  years.  Elections 
shall  be  so  made  that  at  least  one  member  of  said  board  shall 
be  a  physician. 

4.  Board  of  Assessors.  Amend  section  19  of  chapter  241 
of  the  Laws  of  1891  by  striking  out  the  word  "Wednesday"  in 
the  seventh  line  and  inserting  in  place  thereof  the  words,  week- 
day after  the  first  day,  so  that  said  section  as  amended  shall 
read  as  follows:  Sect.  19.  The  city  council  first  elected 
under  this  act  shall,  in  the  month  of  January,  and  as  soon  after 
their  first  meeting  as  convenient,  elect  three  persons,  legal 


756  Chapter  413  [1955 

voters  of  said  city,  to  constitute  a  board  of  assessors,  one  to 
serve  for  the  term  of  one  year,  one  for  the  term  of  two  years, 
and  one  for  the  term  of  three  years ;  and  thereafter  they  shall 
annually,  in  said  month  and  after  the  first  weekday  after  the 
first  day  therein,  elect  one  such  person  to  serve  as  a  member 
of  said  board  for  the  term  of  three  years. 

5.  School  Board ;  Duties.  Amend  section  20  of  chapter  241 
of  the  Laws  of  1891  as  amended  by  section  1  of  chapter  187  of 
the  Laws  of  1897  by  striking  out  the  words  "Wednesday  in 
January"  in  the  fifth  line  and  inserting  in  place  thereof  the 
words,  weekday  after  January  first,  so  that  said  section  as 
amended  shall  read  as  follows:  Sect.  20.  The  general  man- 
agement and  control  of  the  public  schools  in  said  city,  and  of 
the  buildings  and  property  pertaining  thereto,  shall  be  vested 
in  a  school  board  consisting  of  thirteen  members,  their  terms 
of  office  to  commence  the  first  weekday  after  January  first 
next  after  their  respective  elections  under  this  act,  and  who 
shall  have  the  power  and  perform  the  duties,  and  be  subject 
to  the  liabilities  pertaining  to  the  school  boards  of  towns,  ex- 
cept wherein  a  different  intention  appears ;  but  all  bills,  notes, 
and  demands  made  or  contracted  for  school  purposes  shall  be 
paid  from  the  city  treasury. 

6.  School  Board;  Term  of  Office.  Amend  section  21  of 
chapter  241  of  the  Laws  of  1891  as  amended  by  section  1  of 
chapter  187  of  the  Laws  of  1897  by  striking  out  the  words 
"Wednesday  in  Januarj'^"  in  the  fifteenth  and  sixteenth  lines 
and  inserting  in  place  thereof  the  words,  weekday  after  Janu- 
ary first,  so  that  said  section  as  amended  shall  read  as  follows : 
Sect.  21.  The  members  serving  upon  the  school  board  in  said 
city  at  the  time  of  the  passage  of  this  act,  together  with  the 
mayor  and  three  additional  members  by  him  appointed,  shall 
serve  until  the  first  Wednesday  of  January  following;  and  for 
the  further  continuance  of  said  school  board,  the  mayor 
elected  at  the  annual  meeting  shall  be  one  member  thereof,  who 
shall  act  as  chairman  of  said  board ;  the  other  members  there- 
of shall  consist  of  the  members  of  the  present  school  board 
elected  from  wards  five  and  six,  and  the  member  elected  by  the 
city  council  at  the  beginning  of  the  municipal  year  1897;  and 
the  three  members  appointed  by  the  mayor  shall  serve  as 
members  of  the  school  board  until  the  first  Wednesday  in  Janu- 
ary, 1899;  and  at  the  annual  election  in  1897,  and  at  every 


1955]  CHAPTERS  414,  415  757 

annual  election  thereafter,  each  ward  shall  elect  one  member 
of  the  school  board  to  serve  for  the  period  of  two  years  from 
the  first  weekday  after  January  first  following-  their  election, 
and  a  residence  within  either  of  the  wards  electing  shall  not  be 
necessary  to  eligibility  to  the  office. 

7.    Takes   Effect.       This    act   shall    take    effect   upon   its 
passag"e. 
[Approved  April  26,  1955.] 


CHAPTER  414. 


AN  ACT  LEGALIZING  THE  ANNUAL  MEETING  OF  THE  LyNDE- 

BOROUGH  SCHOOL  DISTRICT  AND  PROCEEDINGS  AT  A 

MEETING  OF  THE  PELHAM  SCHOOL  DISTRICT. 

Be  it  ermcted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Lyndeborough  School  District.  The  votes  and  proceed- 
ings of  the  Lyndeborough  school  district  at  the  annual  meet- 
ing held  March  5,  1954  are  hereby  legalized,  ratified  and  con- 
firmed. 

2.  Pelham  School  District.  The  votes  and  proceedings  ai 
the  annual  meeting  of  the  Pelham  school  district  held  on 
March  25,  1950,  relative  to  the  transfer  of  the  school  house 
property  to  the  Post  No.  100  American  Legion,  are  hereby 
legalized,  ratified  and  confirmed. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  26, 1955.] 


CHAPTER  415. 

AN   ACT  RELATING  TO   WOLFEBORO  VILLAGE  FIRE   PRECINCT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Wolfeboro  Village  Fire  Precinct.     Amend  sections  9  and 
10  of  chapter  443  of  the  Laws  of  1949  as  amended  by  section 


758  Chapter  416  [1955 

26,  chapter  16,  Laws  of  1950,  by  striking  out  the  words  "one 
hundred  and  fifty"  where  they  occur  in  said  sections  and  in- 
serting in  place  thereof  the  words,  three  hundred,  and  by  in- 
serting after  the  words  "Revised  Laws"  in  section  10  the 
words,  as  aniended  by  chapter  258,  Laws  of  1953,  so  that  said 
sections  as  amended  shall  read  as  follows:  9.  Wolfeboro 
Fire  Precinct,  Additional  Debt  Authorized.  The  village  fire 
precinct  of  the  town  of  Wolfeboro  is  hereby  authorized  to  in- 
cur indebtedness  in  an  amount  not  exceeding  three  hundred 
thousand  dollars  for  the  purpose  of  improving  its  electric  light 
plant,  extending  its  electric  lines  and  for  delayed  maintenance, 
said  amount  to  be  in  addition  to  the  amounts  already  author- 
ized by  law.  I'D.  Bonds  Authorized.  In  accordance  with  sec- 
tion 9  hereof,  the  commissioners  of  the  village  fire  precinct  of 
the  town  of  Wolfeboro  are  hereby  empowered  and  authorized 
to  issue  for  and  in  behalf  of  said  district  serial  notes  or  bonds 
to  an  amount  not  exceeding  three  hundred  thousand  dollars 
for  the  purposes  specified  in  said  section  9.  Said  notes  or 
bonds  shall  be  issued  in  conformity  with  the  provisions  of 
chapter  72  of  the  Revised  Laws,  as  amended  by  chapter  258, 
Laws  of  1953,  excepting  as  may  be  otherwise  provided  in  sec- 
tions 9,  10,  and  11  hereof. 

2.  Wolfeboro  Village  Fire  Precinct  Meeting.  The  votes  and 
proceedings  of  the  annual  meeting  of  the  village  fire  precinct 
of  the  town  of  Wolfeboro,  held  on  March  22,  1955,  are  hereby 
legalized,  ratified  and  confirmed. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  26,  1955.] 


CHAPTER  416. 

AN  ACT  RELATIVE  TO  BONDS  OF  THE  CITY  OF  PORTSMOUTH. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  City  of  Portsmouth.  Amend  chapter  398  of  the  Laws  of 
1947  by  adding  after  section  45  the  following  new  section: 
45-a.     Investment  of  Bond  Proceeds.     The  city  treasurer  may 


1955]  Chapter  417  759 

invest  not  more  than  eighty  per  cent  of  the  proceeds  from  the 
issue  of  bonds  and  notes  and  temporary  notes  issued  in  antici- 
pation of  revenue,  prior  to  their  application  to  the  payment  of 
liabilities  incurred  for  the  purposes  specified  in  the  authori- 
zation of  the  loan,  in  certificates  of  deposit  in  any  state  banks 
or  trust  companies  or  national  banks,  or  in  United  States 
treasury  bills. 

2.     Takes   Effect.       This    act    shall    take    effect    upon   its 
passage. 
[Approved  April  27,  1955.] 


CHAPTER  417. 


an  act  relating  to  the  charter  of  the  city  of 
Portsmouth. 

Be  it  enacted  by  the  Senate  and  House  of  Rewesentatives  in 
General  Court  convened: 

1.  Portsmouth.  Amend  section  52  of  chapter  398  of  the 
Laws  of  1947  by  striking  out  after  the  word  "person"  in  the 
first  line  the  words  "holding  a  position,  other  than  councilman, 
or  call  fireman"  and  inserting  in  place  thereof  the  words,  re- 
ceiving any  compensation  as  an  officer  or  employee  of  the  city 
of  Portsmouth,  other  than  a  councilman,  a  member  of  the 
board  of  registrars  of  voters,  a  ward  officer  or  a  call  fireman, 
so  that  said  section  as  amended  shall  read  as  follows:  52. 
Politics.  No  person  receiving  any  compensation  as  an  officer 
or  employee  of  the  city  of  Portsmouth,  other  than  a  council- 
man, a  member  of  the  board  of  registrars  of  voters,  a  ward 
officer  or  a  call  fireman,  in  the  service  of  the  city,  shall  continue 
in  such  position  after  becoming  a  candidate  for  nomination  or 
election  to  any  public  office,  nor  shall  such  person  make  any 
contribution  to  the  campaign  funds  of  any  political  party  or 
any  candidate  for  public  office  or  take  any  part  in  the  manage- 
ment, affairs,  or  political  campaign  of  any  political  party, 
further  than  in  the  exercise  of  his  rights  as  a  citizen  to  express 
his  opinion  and  to  cast  his  vote.  Whoever  violates  any  pro- 
vision of  this  section  shall  be  punished  by  a  fine  of  not  more 
than  fifty  dollars  and  upon  final  conviction  thereof  his  office  or 


760  Chapters  418,  419  [1955 

position  in  the  service  of  the  city  shall  be  vacated  and  he  shall 
never  again  be  eligible  for  any  office  or  position,  elective  or 
otherwise,  in  the  service  of  the  city. 

2.     Takes   Effect.       This    act   shall    take    effect   upon   its 
passage. 
.[Approved  April  27,  1955.] 


CHAPTER  418. 


AN  ACT  RELATIVE  TO  SALARIES  FOR  MEMBERS  OF  THE  TRUSTEES 
OF  TRUST  FUNDS  FOR  THE  CITY  OF  PORTSMOUTH. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

\.  City  of  Portsmouth.  The  city  council  of  the  city  of 
Portsmouth  may  establish  annual  salaries  for  the  members  of 
the  trustees  of  trust  funds  for  said  city.  Said  salaries  shall  not 
exceed  the  sum  of  twelve  hundred  dollars  per  year  for  each 
trustee. 

2.     Takes    Effect.       This   act    shall   take    effect   upon   its 
passage. 
[Approved  April  27,  1955.] 


CHAPTER  419. 


AN  ACT  RELATING  TO  COMPENSATION    FOR  THE  BOARD  OF 
REGISTRARS  IN  THE  CITY  OF  PORTSMOUTH. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Rates  of  Compensation.  Amend  section  8  of  chapter  378 
of  the  Laws  of  1947  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  8.  Compensation.  The  clerk 
of  the  board  shall  keep  a  record  of  attendance  of  all  members 
and  each  member,  excepting  the  chairman  and  the  clerk,  shall 
receive  one  dollar  and  fifty  cents  for  each  hour  of  attendance 
and  not  more  than  eight  hours  shall  be  allowed  to  any  member 


1955]  Chapter  420  761 

for  any  one  day.  The  chairman  shall  receive  one  dollar  and 
sixty-five  cents  for  each  hour  of  attendance.  The  clerk  shall 
receive  one  dollar  and  seventy-five  cents  for  each  hour  of 
attendance  and  he  shall  keep  all  records  of  the  proceedings  of 
the  board  and  shall  supervise  the  preparation  and  printing  of 
all  check-lists.  The  clerk  shall  certify  to  the  correctness  of  the 
payroll  of  the  board  and  the  payroll  shall  be  approved  by  the 
chairman  of  the  board. 

2.     Takes    Effect.       This   act    shall   take    effect   upon   its 
passage. 
[Approved  May  12,  1955.] 


CHAPTER  420. 


AN  ACT  RELATING  TO  HOURS  OF  MEETING  FOR  THE  BOARD  OF 
REGISTRARS  IN  THE  CITY  OF  PORTSMOUTH. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Time  of  Meetings.  Amend  section  1  of  chapter  378  of 
the  Laws  of  1947  by  striking  out  in  the  eighth,  ninth  and  tenth 
lines  the  words  "nine  o'clock  to  twelve  o'clock  noon,  from  two 
o'clock  to  five  o'clock  in  the  afternoon  and  from  seven  o'clock 
to  nine  o'clock"  and  inserting  in  place  thereof  the  words, 
twelve  o'clock  noon  to  eight  o'clock,  so  that  said  section  as 
amended  shall  read  as  follows:  1.  Meetings  of  Board  of 
Registrars.  The  board  of  registrars  of  voters  of  the  city  of 
Portsmouth  shall  be  in  session  at  the  city  hall  for  the  purpose 
of  revising  and  correcting  the  list  of  voters,  for  six  days  before 
the  biennial  state  election  and  for  three  days  before  other 
elections,  within  one  month  next  preceding  the  day  of  election, 
the  last  session  for  registration  to  be  held  on  the  third  Mon- 
day preceding  the  day  of  election.  Said  sessions  shall  continue 
from  twelve  o'clock  noon  to  eight  o'clock  in  the  evening  of  said 
days,  the  times  and  place  of  said  meetings  to  be  advertised  in  a 
newspaper  published  in  Portsmouth  for  at  least  three  days 
prior  to  the  first  meeting.  Said  board  shall  also  meet  on  the 
Friday  preceding  the  day  of  election  and  on  election  day,  as 
hereafter  provided. 


762  Chapters  421, 422  [1955 

2.     Takes    Effect.       This    act    shall    take    effect    upon   its 
passage. 
[Approved  May  12,  1955.] 


CHAPTER  421. 


an  act  legalizing  the  annual  meeting  in  the  town  of 
Canterbury. 

Be  it  eTiacted  by  the  Setiate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  meeting  of  the  town  of  Canterbury,  held  on  March  8, 
1955,  are  hereby  legalized,  ratified  and  confirmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  12,  1955.] 


CHAPTER  422. 


AN  ACT  LEGALIZING  THE  ANNUAL  MEETING  IN  THE  TOWN  OF 

Ac  WORTH. 

Be  it  enacted  by  the  Semite  and  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  meeting  of  the  town  of  Acworth,  held  on  March  8, 
1955,  are  hereby  legalized,  ratified  and  confirmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  12,  1955.] 


1955]  Chapter  423,  424  763 

CHAPTER  423. 

AN  ACT  TO  AUTHORIZE  THE  SCHOOL  DISTRICT  OF  LITCHFIELD 
TO  EXCEED  ITS  LIMIT  OF  BONDED  INDEBTEDNESS. 

Be  it  eTiacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Litchfield.  The  school  district  of  Litchfield  is  hereby 
authorized  and  empowered,  at  a  regular  or  special  meeting 
called  for  the  purpose,  to  raise  and  appropriate  a  sum  not  ex- 
ceeding fifty-five  thousand  dollars  for  the  construction  of  a 
new  school  building,  including  the  acquisition  of  land,  grading, 
the  purchase  of  furniture,  furnishings  and  equipment  and  for 
the  alteration,  addition  and  improvement  of  existing  school 
facilities,  and  to  incur  indebtedness  not  exceeding  the  above 
amount,  for  said  purposes  by  the  issuance  of  bonds  or  serial 
notes  under  and  by  virtue  of  the  provisions  of  chapter  72  of  the 
Revised  Laws  as  amended. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  12,  1955.] 


CHAPTER  424. 


an  act  relative  to  the  charter  of  the  plymouth 
Guaranty  Savings  Bank. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Plymouth  Guaranty  Savings  Bank.  Amend  section  6  of 
chapter  238  of  the  Laws  of  1889,  being  the  charter  of  the  Ply- 
mouth Guaranty  Savings  Bank  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  Sec.  6.  The  said 
bank  shall  be  capable  of  taking  and  holding  such  buildings  and 
real  estate  as  shall  be  necessary  and  convenient  for  managing 
their  affairs ;  and  the  said  bank  shall  be  further  allowed  to  take, 
hold  and  dispose  of  any  real  estate  whatever  which  may  in  good 
faith  be  pledged  or  mortgaged  for  the  security  of  its  loans  or 
debts  due  to  it,  or  which  may  be  in  good  faith  conveyed  to  or 
taken  by  said  corporation  in  satisfaction  or  discharge  of  its 


764  Chapters  425,  426  [1955 

debts,  demands  or  liabilities,  which  shall  have  been  previously 
contracted  or  incurred. 

2.     Takes    Effect.       This    act  shall    take    effect    upon    its 
passage, 
[Approved  May  21,  1955.] 


CHAPTER  425. 

AN  ACT  RELATIVE  TO  ALEXANDER  CEMETERY  ASSOCIATION. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Transfer  of  Funds.  Any  funds  of  the  Alexander  Ceme- 
tery Association,  so-called,  including  trust  funds,  shall  be 
turned  over  to  the  town  of  Bow  under  the  jurisdiction  of  the 
trustees  of  trust  funds.  Said  town  of  Bow  shall  hold  said  funds 
in  trust  for  the  benefit  of  said  Alexander  cemetery  and  use  the 
income  from  trust  funds  only  for  care  of  said  cemetery  either 
for  specific  lots  as  said  funds  are  presently  held  or  for  general 
care  of  the  lots  in  said  cemetery. 

2.  Legalization  of  Proceedings.  The  votes  and  proceedings 
at  the  town  meeting  in  Bow  held  on  March  8,  1955,  relative  to 
acceptance  of  funds  from  the  Alexander  Cemetery  Association, 
are  hereby  legalized,  ratified  and  confirmed. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  21,  1955.] 


CHAPTER  426. 


AN  ACT  TO  INCREASE  THE  BORROV^ING  POWER  OF  THE  GOFPS- 

TOWN  Village  Precinct  and  legalize  the  proceed- 
ings OF  its  annual  meeting  of  March  15, 1955. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     Authorization.     The  Goffstown  Village  Precinct  is  here- 


1955]  Chapters  427,  428  765 

by  authorized  to  incur  an  indebtedness,  by  the  issuance  of 
serial  notes  or  bonds,  in  an  amount  not  to  exceed  sixty  thou- 
sand dollars  in  excess  of  the  debt  limit  authorized  by  chapter  72 
of  the  Revised  Laws  as  amended  by  chapter  258,  Laws  of  1953, 
for  the  purpose  of  installing  a  water  supply  tank  and  connect- 
ing the  same  by  a  twelve  inch  main  to  the  present  water  supply 
system. 

2.  Proceedings  Legalized.  The  votes  and  proceedings  of 
the  annual  meeting  of  the  Goffstown  Village  Precinct  on  March 
15,  1955  are  hereby  legalized,  ratified  and  confirmed. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  26,  1955.] 


CHAPTER  427. 


an  act  legalizing  the  annual  meeting  in  the  town  of 

Springfield. 

Be  it  erwbcted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  meeting  of  the  town  of  Springfield,  held  on  March  8, 
1955,  are  hereby  legalized,  ratified  and  confirmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  May  26,  1955.] 


CHAPTER  428. 

AN  ACT  AMENDING  THE  CHARTER  OF  THE  CITY  OF  CLAREMONT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Municipal  Legislation.  Amend  section  22  of  chapter  392 
of  the  Laws  of  1947  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:     22.     Ordinances.    Municipal 


766  Chapters  429, 430  [1955 

legislation  shall  be  by  ordinance.  Each  ordinance  shall  be 
identified  by  a  number  and  a  short  title.  The  enacting-  clause 
shall  be  "The  City  of  Claremont  Ordains"  and  the  effective 
date  of  each  ordinance  shall  be  specified  in  it.  All  ordinances 
shall  be  recorded  in  full  uniformly  and  permanently  by  the  city 
clerk  and  each  ordinance  so  recorded  shall  be  authenticated  by 
the  signature  of  the  maj^or  and  city  clerk.  Ordinances  shall  be 
published  within  thirty  days  after  their  passage;  and  shall  be 
further  published,  compiled,  and  revised  in  such  manner  and  at 
such  time  as  the  council  shall  determine. 

2.     Takes    Effect.       This    act  shall    take    effect    upon    its 
passage. 
[Approved  June  1,  1955.] 


CHAPTER  429. 


AN    ACT  CHANGING   THE   NAME   OF    CLAREMONT   BUILDING   AND 

Loan  Association  to  Claremont  Cooperative  Bank. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Geneml  Court  convened: 

1.  Change  of  Name.  The  name  of  Claremont  Building  and 
Loan  Association  shall  be  changed  to  Claremont  Cooperative 
Bank. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  1,  1955.] 


CHAPTER  430. 


AN  ACT  relating  TO  INDEBTEDNESS  OF  THE  CITY  OF 

Manchester. 

Be  it  eruicted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Debt  Limit.  Despite  the  provisions  of  section  4  of  chap- 
ter 72  of  the  Revised  Laws,  municipal  finance  act,  the  city  of 
Manchester  is  hereby  authorized  to  incur  indebtedness  for  all 


1955]  Chapter  431  767 

municipal  purposes,  including  school  purposes,  to  an  amount 
not  to  exceed  eight  per  cent  of  its  last  assessed  valuation  of  its 
taxable  property;  provided,  however,  that  said  city  may  in- 
cur indebtedness  for  school  purposes  including  the  construction 
of  new  school  buildings,  the  acquisition  of  land,  grading,  and 
the  purchase  of  furniture,  furnishings  and  equipment  therefor 
and  for  the  alteration,  addition,  and  improvement  of  existing 
facilities  to  an  amount  not  exceeding  three  per  cent  of  its  last 
assessed  valuation.  The  foregoing  debt  limitations  shall  be  ex- 
clusive of  unmatured  tax  anticipation  notes  issued  according 
to  law,  debts  incurred  for  supplying  the  inhabitants  with  water 
or  for  the  construction  or  maintenance  of  water  works,  debts 
incurred  to  finance  new  sewerage  systems  or  sewage  disposal 
works  when  the  cost  thereof  is  to  be  financed  by  sewer  rent  or 
sewer  assessments,  debts  incurred  pursuant  to  section  10  of 
chapter  51  of  the  Revised  Laws,  debts  incurred  outside  the 
statutory  debt  limit  of  the  municipality  under  any  general  law 
or  special  act  heretofore  or  hereafter  enacted  (unless  otherwise 
provided  in  such  legislation),  sinking  funds  and  cash  applicable 
solely  to  the  payment  of  the  principal  of  debts  incurred  within 
the  debt  limit  and  indebtedness  payable  from  parking  meter 
revenue. 

2.  Method  of  Borrowing.  Except  as  modified  in  section  1, 
all  of  the  provisions  of  chapter  72  of  the  Revised  Laws,  muni- 
cipal finance  act,  shall  apply  to  any  indebtedness  incurred  by 
the  city  of  Manchester. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  1,  1955.] 


CHAPTER  431. 


AN  ACT  RELATIVE  TO  THE  WARD  LINES  OF  THE  WARDS  OF  THE  CITY 

OF  Dover. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     City  of  Dover.     Amend  section  1  of  chapter  329  of  the 
Laws  of  1929  by  striking  out  the  same  and  inserting  in  place 


768  Chapter  431  [1955 

thereof  the  following:  1.  Wards.  The  city  of  Dover  is,  and 
shall  continue  to  be,  divided  into  five  wards,  which  shall  be 
constituted  as  follows:  Ward  1.  The  dividing  lines  between 
wards  1  and  2  of  said  city  shall  hereafter  be  as  follows :  Com- 
mencing on  the  line  of  the  town  of  Rollinsford  on  the  old  road 
leading  from  Garrison  hill  to  South  Berwick;  thence  by  said 
road  westerly  by  the  nurses'  home,  so-called,  of  the  Dover- 
Wentworth  Hospital  to  the  junction  of  said  road  with  Central 
avenue;  thence  southerly  by  the  center  of  Central  avenue  to 
the  center  of  the  bridge  over  Cocheco  river ;  thence  westerly  in 
a  direct  line  to  the  center  of  the  river  at  the  foot  of  Chestnut 
street,  and  all  of  the  territory  in  said  city  lying  northerly  of 
said  above  described  line,  and  between  said  Cocheco  river  and 
the  town  lines  of  Rollinsford  and  Somersworth  shall  be  in- 
cluded in  and  constitute  ward  1  in  said  city.  Ward  2.  Ward  2 
shall  contain  all  that  part  of  said  city  lying  northerly  of  said 
Cocheco  river  not  included  in  ward  1  as  hereinbefore  set  forth, 
excepting  that  part  of  said  city  included  between  said  river 
and  a  line  commencing  at  the  center  of  Central  avenue  bridge 
over  said  river;  thence  running  by  the  center  of  said  Central 
avenue  to  its  junction  with  Portland  avenue  extended,  thence 
by  the  center  of  Portland  avenue  to  Rogers  street;  thence  by 
the  center  of  Rogers  street  to  Cocheco  street;  thence  to  the 
center  of  the  Cocheco  river  in  line  with  the  center  of  Rogers 
street.  Ward  3.  The  dividing  line  between  wards  3  and  4  in 
said  city  shall  hereafter  be  as  follows :  Commencing  at  a  line 
separating  Dover  from  the  town  of  Madbury  at  a  point  where 
said  line  is  crossed  by  the  tracks  of  the  Boston  and  Maine  Rail- 
road; thence  running  by  said  railroad  tracks  to  the  center  of 
the  bridge  where  the  Littleworth  road  crosses  said  railroad; 
thence  by  the  center  of  Silver  street  to  Locust  street;  thence 
by  the  center  of  Locust  street  to  Hale  street;  thence  by  the 
center  of  Hale  street  to  Central  avenue ;  thence  by  the  center 
of  Central  avenue  to  its  intersection  with  Washington  street; 
thence  westerly  by  the  center  of  Washington  street  to  Walnut 
street ;  thence  by  Walnut  street  to  Waldron  street ;  thence  by  a 
direct  line  to  the  center  of  the  Cocheco  river  at  the  foot  of 
Chestnut  street;  and  all  territory  in  said  city  lying  northerly 
or  northwesterly  of  the  above  described  line,  and  between  said 
line  and  the  boundaries  in  wards  1  and  5  as  constituted  hereby, 
shall  be  included  in  and  constitute  ward  3  in  said  city.  Ward  4. 


1955]  Chapter  432  769 

Ward  4  in  said  city  shall  contain  all  the  territory  in  said  city 
lying  southerly  of  the  Cocheco  river  not  included  in  ward  3  as 
constituted  herein,  excepting  that  part  included  between  said 
river  and  the  line  commencing  at  the  center  of  the  Cocheco 
river  in  line  with  the  center  of  Rogers  street;  thence  running 
in  a  direct  line  to  the  junction  of  Henry  Law  avenue  (formerly 
Payne  street)  and  McCone  lane,  so-called;  thence  running 
southwesterly  by  the  center  of  Henry  Law  avenue  to  its 
junction  with  Back  road;  thence  running  southwesterly  and 
then  westerly  by  the  center  of  Back  road  to  its  junction  with 
Court  street;  thence  running  by  the  center  of  Court  street  to 
Watson  street ;  thence  running  by  the  center  Watson  street  to 
Central  avenue,  thence  northerly  along  Central  avenue,  but  not 
including  Central  avenue,  to  263  Central  avenue;  thence 
diagonally  across  Central  avenue  to  the  center  of  Hale  street 
and  the  boundary  line  of  ward  3.  Ward  5.  Ward  5  in  said 
city  shall  consist  of  and  include  all  that  part  of  said  city  not 
contained  within  wards  1,  2,  3,  and  4  as  herein  constituted  and 
established. 

2.    Takes    Effect.       This    act  shall    take    effect    upon    its 
passage. 
[Approved  June  8,  1955.] 


CHAPTER  432. 


an  act  relative  to  the  granite  state  building  and  loan 

Association. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Name  Changed.  The  name  of  the  Granite  State  Build- 
ing and  Loan  Association,  a  building  and  loan  association  duly 
organized  under  general  laws  and  having  a  usual  place  of  busi- 
ness at  105  Washington  Street  in  Dover,  is  hereby  changed  to 
the  Granite  State  Cooperative  Bank. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  8,  1955.] 


770  Chapters  433, 434  [1955 

CHAPTER  433. 

an  act  relative  to  the  authority  of  the  united  baptist 
Church  of  Somersworth  to  hold  property. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Authority  Increased.  Amend  section  2  of  chapter  344 
of  the  Laws  of  1917  by  striking  out  the  word  "fifty"  in  the 
second  line  and  inserting  in  place  thereof  the  words,  one  hun- 
dred, so  that  said  section  as  amended  shall  read  as  follows: 
Sect.  2.  Said  corporation  may  acquire  by  purchase  or  other- 
wise real  and  personal  estate  to  an  amount  not  exceeding  one 
hundred  thousand  dollars,  may  receive  and  hold  gifts,  dona- 
tions or  bequests,  absolutely  or  in  trust,  as  they  may  be  made, 
for  the  benefit  of  said  corporation,  and  convey  and  transmit 
the  same  in  accordance  with  the  law  relating  to  such  property, 
owned  or  held  by  church  societies  or  corporations. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  8,  1955.] 


CHAPTER  434. 


an  act  to  amend  the  charter  of  the  cheshire  county 
Savings  Bank  of  Keene. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Cheshire  County  Savings  Bank.  Amend  section  2  of 
chapter  193  of  the  Laws  of  1897,  being  the  charter  of  Cheshire 
County  Savings  Bank  of  Keene,  by  striking  out  the  figure 
"$5,000"  and  inserting  in  place  thereof  the  figure,  $10,000,  so 
that  said  section  as  amended  shall  read  as  follows:  Sect.  2, 
Said  corporation  may  receive  from  any  person  or  persons, 
corporations  or  associations,  disposed  to  enjoy  the  advantage 
of  said  savings  bank,  any  deposit  or  deposits  of  money,  not  ex- 
ceeding $10,000,  from  any  one  person,  corporation,  or  asso- 
ciation, subject  to  the  by-laws  of  said  savings  bank;  and  may 
manage,  use,  and  improve  the  same  for  the  benefit  of  the  de- 


1955]  Chapter  435  771 

positors  in  such  manner  as  shall  be  convenient  or  necessary  for 
the  security  and  profitable  investment  thereof  under  the  re- 
strictions of  the  laws  regulating  the  investment  and  manage- 
ment of  such  funds ;  and  all  deposits,  together  with  the  net  in- 
come and  profits  thereof,  may  be  withdrawn  at  such  reasonable 
times,  in  such  manner  and  proportions,  and  subject  to  such 
equitable  rules  and  regulations  as  said  corporation  may  from 
time  to  time  by  its  by-laws  prescribe,  not  incompatible  with  the 
laws  of  the  state. 

2.     Takes   Effect.       This   act   shall    take    effect   upon   its 
passage. 
[Approved  June  9,  1955.] 


CHAPTER  435. 


AN  ACT  RELATING  TO  THE  PETERBOROUGH  HOME  FOR  THE  AGED 

AND  THE  James  Scott  and  Sarah  A.  Scott  Home. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
•General  Court  convened: 

1.  Peterborough  Home  for  the  Aged.  Amend  section  2  of 
chapter  232  of  the  Laws  of  1927  as  amended  by  section  1  of 

•  chapter  378  of  the  Laws  of  1949  by  striking  out  the  words,  "to 
an  amount  not  exceeding  two  hundred  and  fifty  thousand 
dollars"  so  that  said  section  as  amended  shall  read  as  follows : 
2.  Powers.  Said  corporation  by  that  name  may  sue  and  be 
sued,  prosecute  and  defend  to  final  judgment  and  execution, 
and  shall  have  power  to  take,  acquire  and  hold  real  and  per- 
sonal estate  by  lease,  purchase,  donation,  bequest,  or  other- 
wise, for  the  purpose  of  establishing  and  maintaining  a  home 
at  Peterborough  aforesaid,  and  may  convey  or  dispose  of  the 
same  at  pleasure;  and  may  erect  suitable  buildings  and 
properly  furnish  the  same  with  whatever  may  be  desirable  or 
necessary  for  the  successful  operation  of  said  institution. 

2.  Merger  Authorized.  References  in  this  section  to  the 
Peterborough  Home  shall  refer  to  the  Peterborough  Home  for 
the  Aged  incorporated  by  chapter  232  of  the  Laws  of  1927  and 
references  to  the  Scott  Home  to  the  James  Scott  and  Sarah  A. 
Scott  home  incorporated  pursuant  to  the  provisions  of  chapter 


772  Chapter  436  [1955 

272  of  the  Revised  Laws.  The  Peterborough  Home  and  the 
Scott  Home  are  authorized  and  empowered  to  take  such  action 
as  they  may  deem  desirable  so  that  one  home  or  institution  for 
aged  persons  of  both  sexes  may  be  maintained  by  them  in  the 
town  of  Peterborough  under  such  agreements  and  arrange- 
ments as  the  said  homes  shall  from  time  to  time  deem  desir- 
able. The  Peterborough  Home  and  the  Scott  Home  are  author- 
ized to  merge  their  respective  corporations  into  one  corpora- 
tion under  the  name  The  Scott-Farrar  Home  which  corporation 
shall  be  the  legal  successor  of  both  said  corporations  for  all 
purposes  and  shall  be  deemed  the  legal  continuation  of  the  said 
Peterborough  Home  and  the  said  Scott  Home.  Such  merger 
shall  become  effective  on  the  filing  of  an  appropriate  agree- 
ment in  the  office  of  the  secretary  of  state  executed  by  a 
majority  of  the  trustees  of  each  of  said  homes  and  no  other 
legal  action  by  either  of  said  homes  shall  be  required.  The 
merged  corporation  shall  have  the  powers  granted  by  chapter 
232  of  the  Laws  of  1927  as  amended  and  also  the  powers  set 
forth  in  the  Articles  of  Agreement  of  the  Scott  Home.  The 
merger  agreement  shall  set  forth  said  powers  and  by-laws  and 
a  method  of  amending  the  same  and  all  such  provisions  shall 
govern  the  activities  of  the  merged  corporation.  The  fee  for 
filing  such  agreement  with  the  secretary  of  state  shall  be  five 
dollars. 

3.     Takes    Effect.      This   act   shall    take    effect    upon   its 
passage. 
[Approved  June  9,  1955.] 


CHAPTER  436. 


an  act  relative  to  capital  reserve  funds  of  the  city  of 

Nashua. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  City  of  Nashua  Capital  Reserve  Fund.  Amend  section  2 
of  chapter  256  of  the  Laws  of  1945  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  2.  Investment. 
The  money  in  such  fund  shall  be  kept  in  a  separate  account  and 


1955]  Chapters  437,  438  773 

not  intermingled  with  other  funds  of  said  municipality.  Said 
capital  reserve  fund  shall  be  invested  by  the  city  treasurer, 
under  the  direction  of  the  board  of  trustees  of  the  public 
library.  The  trustees  shall  invest  said  fund  in  the  same  classes 
of  property  as  are  specified  for  investment  by  trustees  of 
estates  in  chapter  363  of  the  Revised  Laws,  as  amended. 

2.     Takes   Effect.       This    act   shall    take    effect   upon   its 
passage. 
[Approved  June  9,  1955.] 


CHAPTER  437. 


AN  ACT  LEGALIZING  THE  PROCEEDINGS  OF  THE  CaMPTON  VILLAGE 

Precinct  meeting  held  on  March  29, 1955. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  proceedings  of  the  meeting 
of  the  Campton  Village  Precinct  held  on  March  29,  1955  are 
hereby  legalized,  ratified  and  confirmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  9,  1955.] 


CHAPTER  438. 


AN  ACT  authorizing  THE  TOWN  OF  HUDSON  TO  FUND  OR  REFUND 
CERTAIN  INDEBTEDNESS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Authorization.  The  town  of  Hudson  is  hereby  author- 
ized to  raise,  appropriate  and  borrow  money  to  an  aggregate 
amount  of  not  exceeding  sixty-two  thousand  dollars  and  to 
issue  its  serial  notes  or  bonds  therefor  on  the  credit  of  the 
town  for  the  purposes  of  funding  or  refunding  outstanding 
bonds  and  notes  against  said  town  for  the  purpose  of  installa- 


774  Chapter  439  [1955 

tions  of  sewers  and  for  certain  primary  treatment  of  sewage 
in  said  town.  Said  notes  or  bonds  shall  be  due  and  payable  at 
such  times,  not  more  than  twenty  years  from  their  date  of 
issue,  and  in  such  amounts  and  in  such  manner  as  the  board  of 
selectmen  and  treasurer  of  the  town  may  determine  at  a  rate 
of  interest  to  be  fixed  by  said  board.  The  debt  authorized  here- 
under shall  at  no  time  be  included  in  the  net  indebtedness  of 
the  town  of  Hudson  for  the  purpose  of  ascertaining  its  borrow- 
ing capacity. 

2.  State  Guarantee.  The  notes  or  bonds  issued  pursuant  to 
the  provisions  of  section  1  shall  qualify  for  state  guarantee  as 
provided  by  section  4-a,  chapter  166-A,  Revised  Laws,  as  in- 
serted by  section  2,  chapter  247,  Laws  of  1949. 

3.  Application  of  Laws.  Except  as  otherwise  provided 
herein  the  provisions  of  chapter  72,  Revised  Laws,  as  amended 
shall  apply  to  the  notes  and  bonds  herein  authorized. 

4.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  9,  1955.] 


CHAPTER  439. 


an  act  relating  to  sewer  bonds  of  the  town  of  meredith, 
legalization  of  a  town  meeting  in  meredith  held 
March  8,  1955  and  legalization  of  certain  meet- 
ings  HELD   BY   Meredith    school   district, 
Center   Harbor   school   district,   and 
organization  meetings  of  the  inter- 
Lakes  School  District  No.  8. 

Be  it  enacted  by  the  Senate  and  Hoicse  of  Representatives  in 
General  Court  convened: 

1.  Meredith  Sewer  Bonds.  No  bonds  of  the  town  of  Mere- 
dith heretofore  or  hereafter  issued  for  installing,  extending  or 
improving  its  sewerage  system  or  sewage  treatment  works 
shall  be  included  in  the  net  indebtedness  of  the  town  for  the 
purpose  of  ascertaining  its  borrowing  capacity. 


1955]  Chapter  440  775 

2.  Proceedings  Legalized.  The  vote  of  the  annual  town 
meeting  of  said  town  held  March  8,  1955  authorizing  sewer 
bonds  is  hereby  legaHzed  and  said  bonds  may  be  issued  accord- 
ingly. 

3.  Organization  and  proceedings  Legalized.  Inter-Lakes 
School  District  No.  3,  comprising  the  school  districts  of  Mere- 
dith and  Center  Harbor,  is  hereby  constituted  a  legally  organ- 
ized elementary  and  secondary  cooperative  school  district 
under  chapter  199  of  the  Laws  of  1947,  as  amended,  in  accord- 
ance with  the  votes  taken  by  the  school  district  of  Meredith 
and  the  school  district  of  Center  Harbor  relative  to  the  estab- 
lishment of  said  cooperative  district.  The  votes  and  proceed- 
ings, relative  to  the  establishment  of  such  cooperative  district, 
of  the  Meredith  school  district  meeting  held  March  5,  1954, 
of  the  Center  Harbor  school  district  meeting  held  March  3, 
1954,  and  of  the  organization  meetings  of  said  cooperative  dis- 
trict held  April  5,  1954  and  April  19,  1955,  are  hereby  legalized, 
ratified  and  confirmed. 

4.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  9,  1955.] 


CHAPTER  440. 


AN  ACT  ESTABLISHING  A  BOARD  OF  FIRE  COMMISSIONERS  FOR  THE 

CITY  OF  LaCONIA. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Fire  Commissioners.  The  powers  now  possessed  by  the 
mayor  and  city  council  of  the  city  of  Laconia  in  relation  to  the 
appointment  and  removal  of  the  chief  engineer  and  the  assist- 
ant engineers  of  the  fire  department  for  said  city,  as  provided 
in  section  22  of  the  charter  of  said  city  are  hereby  transferred 
to  a  board  of  fire  commissioners.  On  or  before  the  first  day  of 
July,  1955,  the  mayor,  with  the  approval  of  the  council,  shall 
appoint  three  fire  commissioners,  one  of  whom  shall  hold  office 
for  one  year  from  the  first  day  of  July,  1955,  one  for  two  years 
and  one  for  three  years  from  said  date,  or  until  his  successor 


776  Chapter  440  [1955 

is  appointed  and  qualified;  and  annually  thereafter,  on  or  be- 
fore the  first  day  of  July  the  mayor,  with  the  approval  of  the 
council,  shall  appoint  one  commissioner  who  shall  take  the 
place  of  the  one  whose  term  expires,  who  shall  serve  for  three 
years  unless  sooner  removed,  as  hereinafter  provided ;  and  any 
vacancy  in  said  board  shall  be  filled  in  the  same  manner.  At 
no  time  shall  more  than  two  of  said  commissioners  belong  to 
one  political  party.  No  member  of  the  board  shall  serve  in  any 
other  capacity  in  the  department. 

2.  Removal.  The  mayor,  with  the  approval  of  the  council, 
shall  have  full  power  to  remove  any  commissioner  at  any  time, 
after  a  fair  hearing  and  for  just  cause. 

3.  Personnel.  The  fire  department  of  the  city  of  Laconia 
shall  consist  of  a  chief  and  as  many  assistants,  and  such  other 
members  as  the  board  of  fire  commissioners  may  deem 
necessary. 

4.  Tenure  of  Office.  The  chief  and  assistants,  and  all  other 
members  of  the  fire  department  shall  be  appointed  by  said 
board  to  serve  during  good  behavior,  and  so  long  as  they  are 
competent  to  discharge  the  duties  of  their  respective  positions. 
The  fire  commissioners  shall  have  the  right  to  remove  any 
member  of  the  fire  department  at  any  time  for  good  and 
sufficient  cause  after  a  fair  hearing. 

5.  Powers.  The  board  shall  have  general  supervision  and 
control  over  the  operation  of  the  fire  department,  and  shall 
have  full  power  to  make  all  rules  for  the  government  of  the 
department,  and  to  enforce  said  rules.  The  chief  and  assistants 
shall  have  all  powers  possessed  by  fire  wards  in  the  extinguish- 
ment of  fires. 

6.  Organization.  The  said  board  shall  organize  annually 
by  the  choice  of  one  of  its  members  to  act  as  a  chairman  and 
one  to  act  as  clerk  and  keep  a  record  of  its  proceedings,  issue 
all  notices  and  attest  all  such  papers  and  orders  as  said  board 
shall  desire. 

7.  Report.  The  said  board  shall  make  a  detailed  report  of 
its  doings  annually  to  the  mayor  and  council  of  said  city.  The 
records  of  said  board  shall  at  all  times  be  open  to  the  in- 
spection of  the  mayor  and  council  of  said  city. 


1955]  Chapter  441  777 

8.  Compensation.  The  compensation  of  the  commission- 
ers and  salaries  of  the  members  of  the  fire  department  shall  be 
determined  from  time  to  time  by  the  city  council  upon  recom- 
mendation of  the  board  of  commissioners. 

9.  Powers  of  Mayor.  The  powers  of  the  mayor  as  defined 
in  the  Revised  Laws  shall  not  be  impaired  by  this  act,  except 
as  herein  expressly  provided. 

I'D.  Inconsistencies.  All  acts  and  parts  of  acts  or  ordi- 
nances inconsistent  with  this  act  are  hereby  repealed. 

11.    Takes   Effect.     This   act   shall   take    effect    upon   its 
passage. 
[Approved  June  20,  1955.] 


CHAPTER  441. 


an  act  relating  to  the  new  hampshire  veterans' 
Association. 

Be  it  enacted  by  the  Semite  and  House  of  Representatives  in 
General  Court  convened: 

1.  New  Hampshire  Veterans'  Association.  Amend  section 
2  of  chapter  161,  Laws  of  1881,  as  amended  by  chapter  270, 
Laws  of  1921,  and  by  chapter  331,  Laws  of  1925,  by  striking 
out  the  word  "fifty"  in  the  seventh  line  and  inserting  in  place 
thereof  the  words,  five  hundred,  so  that  said  section  as 
amended  shall  read  as  follows:  Sect.  2.  Said  corporation 
may  purchase,  take,  and  hold  by  deed,  lease,  gift,  devise,  or 
otherwise,  real  and  personal  estate  for  the  purposes  of  said 
corporation  to  an  amount  not  exceeding  five  hundred  thousand 
dollars,  and  may  improve,  use,  sell,  lease,  and  convey,  or  other- 
wise dispose  of  the  same  at  pleasure. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  20,  1955.] 


778  Chapter  442  [1955 

CHAPTER  442. 

an  act  relative  to  powers  and  duties  of  the  town  of 

Littleton  and  repealing  the  charter  of  the 

Littleton  Village  District. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Repeal.  Chapter  176  of  the  Laws  of  1893,  and  any 
amendments  thereto,  relative  to  the  Littleton  Village  District, 
are  hereby  repealed. 

2.  Transfer  of  Powers  to  Town  of  Littleton.  All  powers 
and  duties  heretofore  exercised  by  the  Littleton  Village  Dis- 
trict are  hereby  transferred  to  the  town  of  Littleton  and  all 
property  of  said  district  shall  become  the  property  of  the  said 
town  which  said  town  shall  assume  and  satisfy  all  the  in- 
debtedness or  liabilities  of  the  said  district. 

3.  Superintendent  of  Public  Works.  The  selectmen  of  the 
town  of  Littleton  shall  appoint  a  superintendent  of  public 
works  for  the  town  who  shall  serve  at  the  pleasure  of  said 
selectmen  and  shall,  under  the  supervision  of  the  selectmen 
have  charge  of  all  roads,  bridges,  sewers  and  sidewalks  in  the 
town.  The  office  of  highway  agent  is  hereby  abolished  and  the 
term  of  office  of  road  agents  now  serving  shall  terminate  as  of 
December  31,  1955. 

4.  Park  Commissioners.  On  and  after  the  date  of  the 
passage  of  this  act  there  shall  be  a  board  of  three  park  com- 
missioners in  the  town  of  Littleton.  Said  commissioners  shall 
be  elected  by  the  town  at  the  annual  town  meeting  and  the 
term  of  office  of  each  shall  be  three  years,  provided  that  at  the 
first  election  hereunder  one  shall  be  elected  for  a  term  of  three 
years,  one  for  a  term  of  two  years,  and  one  for  a  term  of  one 
year.  Vacancies  as  they  occur  shall  be  filled  for  the  unexpired 
term  only.  Said  commissioners  shall  have  charge  of  all  play- 
grounds, parks,  commons  and  recreational  activities  in  the 
town  of  Littleton. 

5.  Present  Commissioners.  If  this  act  is  adopted  the  term 
of  office  of  the  village  commissioners  then  in  office  shall  termi- 
nate as  of  December  31,  1955  and  the  term  of  office  of  the 


1955]  Chapter  442  779 

elected  village  park  commission  then  in  office  shall  terminate 
as  of  December  31,  1955. 

6.  Sidewalks.  The  selectmen,  upon  petition,  may  construct 
sidewalks  therein,  with  or  without  edgestones,  and  covered  with 
any  appropriate  material,  and  for  that  purpose  may  widen  and 
straighten  any  highway  as  in  other  cases,  except  that  the 
notice  of  proceedings  shall  state  that  the  construction  of  a 
sidewalk  is  contemplated. 

7.  Costs.  At  the  annual  town  meeting,  or  any  special  town 
meeting  held  for  the  purpose,  money  may  be  raised  and  appro- 
priated for  the  purpose  of  the  construction  of  sidewalks  as 
outlined  in  section  6. 

8.  Repair  and  Maintenance.  The  superintendent  of  public 
works  under  the  supervision  of  the  selectmen  shall  have  charge 
of  the  repair  of  all  sidewalks  therein  constructed  and  the  costs 
shall  be  borne  by  the  town. 

9.  Sewers.  The  selectmen  shall  construct  and  maintain  all 
main  drains  or  common  sewers  which  they  judge  necessary  for 
the  public  convenience  and  health.  Such  drains  and  sewers  shall 
be  substantially  constructed  of  brick,  stone,  cement  or  other 
material  adapted  to  the  purpose  and  shall  be  the  property  of 
the  town. 

10.  Taking  Land.  Whenever  it  is  necessary  to  construct 
such  main  drains  or  common  sewers  across  the  land  of  any 
person  the  selectmen  may  lay  out  a  sufficient  quantity  of  such 
land  for  the  purpose  and  assess  the  owner's  damages  in  the 
same  manner  as  in  the  case  of  taking  land  for  highways,  and 
the  owner  shall  have  the  same  right  of  appeal  with  the  same 
procedure. 

11.  Costs.  At  the  annual  town  meeting,  or  any  special 
town  meeting  held  for  the  purpose,  money  may  be  raised  and 
appropriated  for  the  purposes  of  the  construction  of  sewers  as 
hereinbefore  provided. 

12.  Special  Tax.  For  the  defraying  of  the  costs  of  con- 
struction, payment  of  the  interest  on  any  debt  incurred,  man- 
agement, maintenance,  operation  and  repair  of  newly  con- 
structed sewer  systems  and  new  sidewalks  and  the  cost  of 
maintaining  existing  sidewalks  and  sewers  and  hydrant  rental ; 


780  Chapter  442  [1955 

the  selectmen  shall  establish  a  separate  inventory  of  all 
property  that  has  abutting  sidewalks  or  sewer  connections  or 
is  within  five  hundred  feet  of  a  hydrant  and  shall  access  against 
such  property  a  special  tax  to  cover  the  cost  of  the  same. 
Collection  to  be  made  in  the  same  manner  as  real  estate  taxes, 
with  similar  rights  of  appeal. 

13.  Liens.  All  assessments  under  the  provisions  of  sec- 
tion 12  shall  be  a  lien  upon  the  lands  on  account  of  which  they 
are  made,  which  shall  continue  until  one  year  from  October 
first  following  the  assessment,  and,  in  case  of  an  appeal  has 
been  taken  and  the  assessment  has  been  sustained  in  whole  or 
in  part  upon  such  appeal,  until  the  expiration  of  one  year  from 
such  decision,  whichever  is  later.  Such  assessments  shall  be 
subject  to  the  interest  and  such  other  charges  as  are  applicable 
to  delinquent  taxes. 

14.  Littleton  Water  and  Light  Department.  Nothing  in 
this  act  shall  be  construed  as  affecting  the  Littleton  Water  and 
Light  Department  as  constituted  by  chapter  255,  Laws  of  1903, 
as  amended  by  chapter  247,  Laws  of  1943,  and  chapter  389, 
Laws  of  1949. 

15.  Referendum.  This  act  shall  not  take  effect  unless  it 
shall  be  adopted  by  the  voters  of  the  town  of  Littleton  at  a 
special  meeting  held  on  or  before  December  31,  1955,  as  here- 
inafter provided.  On  said  date  a  special  meeting  shall  be  held 
to  vote  on  the  question  of  the  adoption  of  this  act.  The  vote  on 
the  question  shall  be  by  ballot  printed  by  the  town  clerk.  On 
said  ballot  shall  appear  the  following  question:  "Shall  the 
provisions  of  an  act  relative  to  powers  and  duties  of  the  town 
of  Littleton  and  repealing  the  charter  of  the  Littleton  Village 
District  be  adopted?"  Beneath  the  question  shall  be  printed 
the  word  *'Yes"  and  the  word  "No"  with  a  square  immediately 
opposite  each  word,  and  the  voter  may  indicate  his  choice  by 
making  a  cross  in  the  appropriate  square.  If  a  majority  of  the 
legal  voters  of  the  town  of  Littleton  present  and  voting  at  said 

.  special  meeting  shall  vote  yes  upon  the  question  this  act  shall 
be  declared  to  have  been  adopted.  If  said  act  is  adopted  the 
transfer  of  powers  and  duties  and  other  provisions  of  this  act 
shall  be  deemed  to  be  in  effect  as  of  January  1,  1956. 

16.  Repeal.     If  this  act  is  adopted  by  the  referendum  here- 


1955]  Chapters  443,  444  781 

in  provided  all  acts  or  parts  of  acts  inconsistent  herewith  are 
repealed  in  so  far  as  the  town  of  Littleton  is  concerned. 

17.     Takes  Effect.     In  so  far  as  provisions  for  the  special 
meeting  provided  for  in  section  15  is  concerned  this  act  shall 
take  effect  upou  its  passage,  other  provisions  of  this  act  shall 
take  effect  as  provided  hereinbefore. 
[Approved  June  20,  1955.] 


CHAPTER  443. 

AN   ACT   CONCERNING  WOLFEBORO   VILLAGE  FIRE  PRECINCT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Wolfeboro  Village  Fire  Precinct.  Section  11,  chapter 
443,  Laws  of  1949,  is  hereby  repealed.  This  act  shall  apply  to 
the  serial  bonds  or  notes  authorized  by  the  village  fire  precinct 
of  Wolfeboro  at  its  annual  meeting  held  March  22,  1955.  The 
said  serial  bonds  or  notes  shall  be  signed  by  the  precinct  com- 
missioners, and  countersigned  by  the  precinct  treasurer,  and, 
when  issued  as  heretofore  provided,  shall  constitute  valid 
general  obligations  of  said  precinct. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  20,  1955.] 


CHAPTER  444. 


AN  ACT  LEGALIZING  CERTAIN  ACTION  AT  THE  PlAINFIELD 
SCHOOL  DISTRICT  MEETING. 

Be  it  enacted  by  the  Seriate  and  Hotcse  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  meeting  of  the  Plainfield  school  district,  held  March 
5,  1955,  relative  to  borrowing  funds  for  the  erection  of  an 
addition  to  White  School  in  Meriden  village,  are  hereby  legal- 
ized, ratified  and  confirmed. 


782  Chapters  445,  446  [1955 

2.    Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  21,  1955.] 


CHAPTER  445. 


AN  ACT  LEGALIZING  THE  BIENNIAL  ELECTION  HELD  IN  THE  TOWN 

OF  Ellsworth,  November  2,  1954,  and  legalizing  the 

Bridgewater  special  school  district  meeting 

OF  May  1,  1955. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  biennial  election  in  the  town  of  Ellsworth,  on  the  second 
day  of  November  1954,  are  hereby  legalized,  ratified  and  con- 
firmed. 

2.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  Bridgewater  special  school  district  meeting  held  in  the 
town  of  Bridgewater  on  May  1,  1955,  are  hereby  legalized,  rati- 
fied and  confirmed. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  21,  1955.] 


CHAPTER  446. 


AN  ACT  RELATING  TO  BUILDING  RESERVE  AND  SCHOOLHOUSES  OF 
FORMER  Lee  school  DISTRICT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Authority  Granted.  The  selectmen  of  the  town  of  Lee 
are  hereby  authorized  to  use  the  building  reserve  of  the  former 
Lee  school  district  and  any  funds  derived  from  the  sale  of  real 
estate  belonging  to  the  former  Lee  school  district  toward  pay- 


1955]  Chapter  447  783 

ing-  assessments  on  the  selectmen  of  Lee  for  appropriations  of 
the  Oyster  River  cooperative  school  district. 

2.    Takes    Effect.    This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  21, 1955.] 


CHAPTER  447. 


an  act  relative  to  the  franklin  veterans  home 
Association. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Tax  Exemption.  There  is  hereby  extended  to  the  per- 
sonal property  owned  and  to  real  estate  owned  and  occupied  by 
The  Franklin  Veterans  Home  Association  the  same  exemption 
from  taxation  as  is  granted  to  the  property  of  the  Grand  Army 
of  the  Republic,  the  United  Spanish  War  Veterans,  Veterans  of 
Foreign  Wars,  the  American  Legion  and  the  Disabled  American 
Veterans  by  section  24  of  chapter  73  of  the  Revised  Laws,  as 
amended  by  chapter  141  of  the  Laws  of  1945. 

2.  Limitation.  The  exemption  from  taxation  provided  by 
section  1  hereof  shall  apply  only  if  membership  in  The  Frank- 
lin Veterans  Home  Association  is  limited  to  those  who  are  also 
eligible  for  membership  in  the  Grand  Army  of  the  Republic,  or 
the  American  Legion,  or  the  United  Spanish  War  Veterans, 
or  the  Veterans  of  Foreign  Wars,  or  the  Disabled  American 
Veterans. 

3.  Takes  Effect.  This  act  shall  take  effect  as  of  March  31, 
1955. 

[Approved  June  23,  1955.] 


784  Chapter  448  [1955 

CHAPTER  448. 

AN  ACT  TO  REPEAL  CHARTERS  OF  CERTAIN  CORPORATIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Charters  Repealed.  The  charter  or  certificate  of  in- 
corporation of  each  of  the  following  named  corporations  is  here- 
by repealed,  revoked  and  annulled  except  as  otherwise  here 
specified : 

A  and  A  Machine  Co.  Inc.  (Nashua,  1953) 

"A"  and  "C"  Motors,  Inc.  (Hillsborough,  1946) 

Abbott's  Painting  and  Decorating  Co.,  Inc.  (Manchester, 

1948) 
Abbott's  Wall   Paper  &  Paint  Store,  Inc.    (Manchester, 

1947) 
Ace  Construction  Co.,   Inc.  (formerly  Ace   Trucking  Co., 

Inc.,  Milford,  1947) 
Acme  Ball  Bearing  Spindle  Corporation  (Franklin,  1927) 
Adnoff,  B.,  Pvealty  Co.,  Inc.  (Dover,  1953) 
Alberts  Nashua  Shoe  Corporation  (Nashua,  1953) 
Allen,  Howard  L.,  Associates,  Inc.,  (Nashua,  1953) 
Aloha  Products,  Inc.  (Portsmouth,  1950) 
Al's  Construction  Company,  Inc.  (Allenstown,  1948) 
Ammonoosuc  Investment  Corporation  (Littleton,  1948) 
Amoskeag  Paper  Company,  Inc.  (Manchester,  1946) 
Anchorage,  Inc.,  The  (Sunapee,  1952) 
Ashland  Wood  Products  Co.  Inc.  (Ashland,  1943) 
B  &  B  Drug  and  Chemical  Company,  Inc.  (Durham,  1951) 
Balsams,  Inc.,  The  (Dixville  Notch,  1949) 
Bankers  Fur  Storage,  Inc.  (Manchester,  1952) 
Barrington  &  Strafford  Telephone  Co.  (Barrington,  1910) 
Bartlett,  Mott,  &  Son,  Inc.  (Concord,  1947) 
Bass  &  Seidler,  Inc.  (Littleton,  1951) 
Bay  State  Electronics  Corporation  (Nashua,  1952) 
Beau  Reve  Hotel  Corporation  (Bedford,  1953) 
Bedford  Gardens,  Inc.  (Bedford,  1953) 
Bedford  Ski  Tow,  Inc.  (Bedford,  1940) 
Berlin  Amusement  Company,  The  (Berlin,  1914) 
Better  Builders,  Inc.  (Keene,  1948) 

Blake's    Greenhouses    and    Hill    Brothers    Nursery,    In- 
corporated (Nashua,  1951) 


1955]  Chapter  448  785 

Blue  Shops  Fur  Stylists,  Inc.  (Keene,  1952) 
Bonded  Finance  Corporation  (Concord,  1953) 
Bourke's  General  Store,  Inc.  (Greenville,  1945) 
Bradford  Industries,  Inc.  (formerly  Park  Industries,  Inc., 

Hopkinton)  Bradford,  1951 
Breakfast  Hill  Workshop,  Incorporated  (West  Rye,  1951) 
Brenda  Lew,  Inc.  (Manchester,  1951) 
Bucket  Shop,  Inc.,  The  (Wolfeboro,  1951) 
Burgess  and  Fuller,  Inc.   (formerly  Pierce- Wells  Bottled 

Gas,  Inc.,  Keene,  1947) 
Burkehaven  Hotel,  Inc.  (Sunapee,  1950) 
Cadoro,  Inc.  (Keene,  1949) 
Carbo-Tex  Corp.  of  N.  H.  (Manchester,  1951) 
Carroll  Motors,  Inc.  (Manchester,  1953) 
Center  Ossipee  Market,   Inc.    (formerly  Center   Ossipee 

Market,  Incorporated,  Ossipee,  1946) 
Central  Garage  of  North  Conway,  Inc.,    (North  Conway, 

1933) 
Chabot  Bros.,  Inc.  (Nashua,  1948) 
Chaput,  Hector  F.,  Inc.  (Manchester,  1953) 
Charlestown  Woolen  Company  (Keene,  1941) 
Cheshire  Motors  Inc.  (Keene,  1949) 
Cheshire  Photo-Engravers,  Inc.  (Keene,  1934) 
Chester  Squab  Co.,  Inc.  (Chester,  1952) 
Churchill,  Inc.  (Gilsum,  1952) 
City  Broadcasting  Corporation  (Nashua,  1950) 
City  Floor  Coverings  Inc.  (Nashua,  1952) 
City  Hardware,  Inc.  (Berlin,  1950) 
City  Motors,  Inc.  (Nashua,  1947) 
Claremont  Hotel  Co.  Inc.  (Claremont,  1937) 
Claremont  Packard  Co.,  Inc.  (Claremont,  1952) 
Clark,  A.  C.  Company  (Swanzey,  1919) 
Coastal  Television  Center,  Inc.  (formerly  McDonough  Tele- 
vision Sales  and  Service,  Inc.,  Dover,  1948) 
Cohen,  David,  Inc.  (Lancaster,  1947) 
Colby  Woodworking  Corporation  (Boscawen,  1952) 
Concord   Consumer   Cooperative  Society,   Inc.    (Concord, 

1939) 
Concord   Industrial    Development   Corporation    (Concord, 

1952) 


786  Chapter  448  [1955 

Connecticut  River  Power  Company  (formerly  Grafton  Im- 
provement   Manufacturing    &    Power    Company,    also 
Grafton  Power  Company)  Littleton,  1901 
Connolly  &  Murray,  Inc.  (Londonderry,  1948) 
Consolidated  Plumbing  and  Heating  Company,  Inc.  (Ports- 
mouth, 1948) 
Cookson  Bros.,  Inc.  (Pittsfield,  1951) 
Copper  Cannon  Lodge,  Inc.  (Franconia,  1947) 
Cosy's  Do-Nut  Shoppe,  Inc.  (Manchester,  1950) 
Court  Products  of  New  Hampshire,  Inc.   (formerly  Court 

Products,  Inc.,  Keene,  1950) 
Crane,  Emmons  &  Holmes,  Inc.  (Manchester,  1937) 
Crown  Gear,  Inc.,  (Keene,  1953) 
Cummings  Furniture  Co.  Inc.  (Manchester,  1948) 
Cushman-Rankin  Company,  The  (Bath,  1905) 
Custom  Auto  Service,  Inc.  (Claremont,  1951) 
D.  &  H.  Electric  Company,  Inc.,  The  (Tilton,  1953) 
Danel  Diner,  Inc.  (Dover,  1934) 
Dartmouth  Bookstore,  Inc.  (Hanover,  1953) 
Davis-Watson  Mfg.  Co.  Inc.  (Nashua,  1931) 
Di  Maria's  Market,  Inc.  (Gorham,  1952) 
Doherty  Corporation  (Gilford,  1948) 
Donne  Corporation  (Rochester,  1952) 
Double  "A"  Auto  Sales,  Inc.  (Rochester,  1951) 
Douglass  Hardware  Co.,  Inc.  (Concord,  1950) 
Economy  Cutter  Grinding  Co.,  Inc.  (Laconia,  1952) 
Economy  Incorporated  (Manchester,  1950) 
Elite  Super  Cleaners,  Inc.  (Dover,  1950) 
Empire  Construction  Co.,  Inc.  (Manchester,  1948) 
Fairbanks  Garage  Incorporated  (Newport,  1949) 
Family  Optical  Co.  Inc.  (Manchester,  1950) 
Fashion  House,  Inc.,  The  (Manchester,  1952) 
Feldman  &  Co,  (Manchester,  1935) 
Fireplaces  Incorporated  (Conway,  1952) 
Fitch-Murray  Company,  Inc.  (Concord,  1950) 
Flagg  Metals  Corporation  (Manchester,  1947) 
Flanagan  Bros.,  Inc.  (Nashua,  1952) 
Florence's  Beauty  Shoppe,  Inc.  (Berlin,  1952) 
Foodmaster,  Inc.  (Manchester,  1952) 
Foodmaster  of  Portsmouth,  Inc.  (Portsmouth,  1952) 
Ford-Holman    Vacuum    Sales    Inc.    (formerly    Tri-State 
Vacuum  Sales  Inc.,  Hinsdale,  1952) 


1955]  Chapter  448  787 

Fournier,  G.  H.,  Co.,  Inc.  (Manchester,  1951) 
Franconia  Sportswear,  Inc.  (Manchester,  1948) 
Fremont,  Hill,  Inc.  (Concord,  1952) 
Frozen  Food  Lockers,  Inc.,  of  Hanover,  N.  H.   (Hanover, 

1944) 
Gaidmore  Poultry  Co.  Inc.  (Milford,  1951) 
Gaudreault,   Phil,   and   Sons,   Incorporated    (Manchester, 

1945) 
General  Lumber  Mills  Corporation  (Canaan,  1952) 
George  Lumber  Co.,  Inc.  (Newport,  1950) 
Glazier  Company,  Inc.    (formerly  Temple  Mountain  Ski 

Forest,  Inc.,  Peterborough,  1936) 
Globe  Furniture  Co.,  Inc.  (Manchester,  1949) 
Gold-Craft  Shoe  Company,  Inc.  (Portsmouth,  1948) 
Granite  State  Amusements,  Inc.  (Salem,  1946) 
Granite  State  Park  Racing  Associates,  Inc.  (Dover,  1948) 
Grant,  Edward  E.,  Inc.  (Fitzwilliam  Depot,  1952) 
Greenridge  Turkey  Farm  Restaurant,  Inc.  (Nashua,  1951) 
Guardian  Publishing  Company,  Inc.  (Newport,  1948) 
H  &  L  Const.  Co.,  Inc.  (Manchester,  1952) 
Hajicostas,  Inc.  (Manchester,  1949) 
Hamel's  Market,  Inc.  (Manchester,  1938) 
Hampshire  Handkerchief  Works,  Inc.  (Berlin,  1949) 
Hartford  Water  Company  (Hartford,  Vermont,  1897) 
Hazen  Lumber  Company,  Inc.  (Grafton,  1952) 
Hefler,  Wm.  A.,  Inc.  (Dover,  1952) 
Hemlocks  Television  Co.  Inc.  (Plaistow,  1951) 
Hickory  Lane  Inc.  (Kensington,  1950) 
Hide-A-Way  Dairy  Bar  Enterprises,  Inc.  (Claremont,  1953) 
Hillsboro  Woolen  Mills,  Inc.  (Hillsborough,  1944) 
Hoag  Land  Realty,  Inc.  (Laconia,  1953) 
Hollis  Wood  Products  Inc.  (Hollis,  1951) 
Home  Service  Company  Incorporated  (Claremont,  1946) 
Hotel  Cadillac,  Inc.  (Manchester,  1953) 
Houseworth  Buick,  Inc.  (Rochester,  1948) 
Howard  Bros.  Inc.  (Lebanon,  1949) 
Huard  Club  Plan,  Incorporated  (Manchester,  1951) 
Hubbard  Sash  &  Door  Mfg.  Co.,  Inc.  (Manchester,  1951) 
Hudson  Associates,  Incorporated  (Hudson,  1946) 
Ice  Cream  Novelties  of  New  Hampshire,  Inc.   (Nashua, 

1951) 


788  Chapter  448  [1955 

Imperial  Footwear  Incorporated  (Dover,  1953) 
Industrial  Electronics,  Inc.  (Nashua,  1948) 
Institutional  Foods,  Inc.   (Manchester,  1950) 
Insulation   Engineers    of   New   Hampshire,   Incorporated 

(Manchester,  1945) 
Interstate  Automotive  Warehouse  Corporation  (Concord, 

1950) 
Irving  Fashions,  Inc.  (Manchester,  1949) 
Irwin  Motors,  Inc.    (formerly  Blain  &  Irwin,  Inc.,  Clare- 

mont,  1945) 
Irwin  Pontiac,  Inc.  (formerly  Irwin  Pontiac,  Incorporated, 

Claremont,  1947) 
J.  J.  J.,  Inc.  (formerly  Nashua  Gane  Needle,  Inc.,  Nashua, 

1951) 
Janco  Associates  Inc.  (Manchester,  1952) 
Janis,  Inc.  (Concord,  1948) 
John's  Shoe  Store,  Inc.  (Manchester,  1936) 
Just  Home  Farm,  Inc.  (New  London,  1941) 
Kallman  Transportation  Company,  Inc.  (formerly  Doudera 

Transportation  Company  Inc.,  The,  Dixville,  1928) 
Kalloch,  Hudson,  Dog  Shows,  Inc.  (Keene,  1953) 
Keene  Baseball  Association,  Inc.  (Keene,  1946) 
Keene  Glues,  Inc.   (Keene,  1928) 

Keene  Kiln  Drying  &  Milling  Company,  Inc.  (Keene,  1950) 
Kendall  Exeter  Agency,  Inc.    (formerly  Hospital  Service 

of  New  Hampshire,  Inc.,  Rye  )  Exeter,  1940 
Keniston  Motors,  Inc.  (Concord,  1951) 
King,  C.  A.,  Company  of  New  Hampshire,  Inc.   (Concord, 

1946) 
Kingston    Broadcasting    Corporation     (formerly    Monad- 
nock  Radio  Foundation,  Inc.,  Keene,  1944) 
Klock's  House,  Inc.  (Enfield,  1952) 
Kona  Estates,  Inc.  (Moultonboro,  1952) 
Laconia  Norwalk  Vault  Corporation  (Lakeport,  1953) 
Lake  Lumber  &  Milling  Company,  Inc.  (Meredith,  1946) 
Lakeport  Machine  Works,  Inc.  (Laconia,  1951) 
Lakeport  Realty  Co.,  Inc.  (Lakeport,  1953) 
Landers,  Geo.  B.,  Construction  Co.,  Inc.  (Newington,  1953) 
Lawrence  Dairy  Bar,  Inc.  (Claremont,  1953) 
Lee  &  Mason  International  Insurers,  Inc.  (Concord,  1953) 
Levesque,  J.  M.  &  Son,  Inc.  (Nashua,  1928) 


1955]  Chapter  448  789 

Lewis,  John  M.,  Inc.  (Plaistow,  1950) 

Live  Lobster  Co.  Inc.  (Rye,  1953) 

Lupien  Realty,  Inc.  (Manchester,  1951) 

Main  Street  Motors,  Inc.  (Concord,  1952) 

Manchester  Broadcasting  Corporation  (Manchester,  1953) 

Manchester-Fitchburg    Coach    Lines,    Inc.    (Manchester, 

1944) 
Market  Realty  Co.,  Inc.  (Portsmouth,  1952) 
Martineau  Bros.  Inc.  (Nashua,  1951) 
Mary  Lee  Wedge  Heel  Co.  Inc.  (Derry,  1953) 
McAllister  Building  Supply  Co.  Inc.  (Pittsfield,  1950) 
McDuff  Marine  Corporation   (Gilford,  1939) 
McGregor  Realty  Corporation  (Manchester,  1950) 
McGuirk    and    Conway,     Inc.     (formerly    McGuirk    and 

Edgerly,  Inc.,  Newmarket,  1949) 
McMillan  Highway,  Inc.  (Bartlett,  1953) 
Mears  Construction  Co.,  Inc.  (Dover,  1945) 
Medco  Products,  Inc.   (Manchester,  1952) 
Medical  Hall,  Inc.  (Keene,  1947) 
Merit  Products  Corporation  (Wolfeboro,  1952) 
Merrimack  Playhouse,  Inc.  (Concord,  1949) 
Metropolitan  Cleaners  and  Dyers,  Incorporated  (Manches- 
ter, 1947) 
Michaels  Advertising  Agency,  Inc.  (Nashua,  1953) 
Monadnock  Foundry,  Inc.  (Keene,  1945) 
Morin  Lumber  Company,  Inc.  (Lancaster,  1953) 
Morse  Chevrolet  Incorporated   (Newton,  1954) 
Moul  Poultry  Farms,  Inc.  (Brentwood,  1948) 
Moul  Realty,  Inc.  (Brentwood,  1948) 
Mt.  Prospect  Lodge,  Inc.  (Plymouth,  1952) 
Moving  Starting  Gate  Corporation  (Salem,  1950) 
Munsonville  Realty  Co.,  Inc.  (Munsonville,  1952) 
Mutual  Public  Service  Co.  of  N.  H.   (Concord,  1929) 
Mutual  Real  Estate  Company  (Manchester,  1906) 
Nardini's  Restaurant,  Incorporated  (Concord,  1939) 
Nashua  Blanket  Corporation   (Nashua,  1952) 
Nashua  Frozen  Foods,  Inc.  (Nashua,  1951) 
Nashua  Motor  Sales,  Inc.  (Nashua,  1945) 
Nashua  Navy  and   Army   Supply   Store,   Inc.   (Nashua, 

1949) 
Nashua  Stone  Machinery  Company,  Inc.  (Nashua,  1948) 
Nelson,  E.  C,  Inc.  (Concord,  1946) 


790  Chapter  448  [1955 

New  England  Housing  and  Vending  Co.,   Inc.    (Nashua, 

1950) 
New  England  Paint  Works,  Inc.   (Goffstown,  1949) 
New  England  Turkey  and  Capon  Farms,  Inc.  (Greenland, 

1951) 
New  Hampshire  Air  Conditioning  Company  (Manchester, 

1938) 
New  Hampshire  Electronics,  Inc.  (Newport,  1951) 
New  Hampshire  Farms,  Inc.  (Concord,  1950) 
New  Hampshire  Fire-Works   Display  Company   Incorpo- 
rated (Manchester,  1949) 
New  Hampshire  Land     Development     Corp.      (Laconia, 

1946) 
N.  H.  Loam,  Sand  &  Gravel  Co.  Inc.  (Manchester,  1948) 
New  Hampshire  TV  Corporation  (Laconia,  1951) 
Newmarket  Improvement  Association,  Incorporated  (New- 
market, 1950) 
Newport    Times    Publishing    Company,    Inc.     (Newport, 

1953) 
P  and  H  Market,  Inc.  (Portsmouth,  1951) 
Paris,  Edgar  L.,  Inc.  (Manchester,  1953) 
Pembroke  Furniture  Company,  Inc.  (Pembroke,  1950) 
Peoples  Wet  Wash  Laundry,  Inc.  (Manchester,  1945) 
Perkins  and  Young,  Incorporated  (Manchester,  1950) 
Plymouth  Clam  &  Dairy  Bar,  Inc.  (Plymouth,  1952) 
Plymouth  Industrial  Development  Corporation  (Plymouth, 

1952) 
Plymouth  Lumber  Company,  Inc.  (Plymouth,  1946) 
Pratte's,  Inc.  (Manchester,  1944) 
Prentiss-Coffin,  Inc.  (formerly  Sentinel  Printing  Company, 

Keene,  1892) 
Prescott  Wood  Products  Company,  Inc.  (Pembroke,  1947) 
Presidential  Inn,  Inc.  (Conway,  1953) 
Property  Investment  Company,  Inc.  (Newport,  1951) 
Queen  City  Casuals,  Inc.  (Manchester,  1950) 
Quincy  Associates,  Inc.  (Quincy,  1950) 
Ramble  Inn,  Inc.  (Dover,  1947) 
Red  Hill  Development  Corporation  (Sandwich,  1950) 
Remick  Gas  &  Electric  Inc.  (Tamworth,  1950) 
Resin  Research,  Inc.  (Manchester,  1948) 
Riviera  Shoppe,  Inc.  (Concord,  1950) 


1955]  Chapter  448  791 

Roberts  Jewelers,  Inc.  (Manchester,  1952) 

Rochester  Down  East  Baseball  League,  Inc.   (Rochester, 

1950) 
Rock  Pool  Corporation  (Lisbon,  1952) 
Roger's  Sewing  Circle,  Inc.  (Dover,  1952) 
Rose  Lane  Associates,  Incorporated  (New  Castle,  1947) 
Royce  Shoe  Company  (Newmarket,  1940) 
Rumford  Foundry,  Inc.  (Concord,  1946) 
St.  Laurent,  Henry  A.,  Funeral  Home,  Limited,  The  (Ber- 
lin, 1930) 
Sandler  Homes,  Inc.  (Dover,  1952) 
Sandown  Telephone  Company  (Sandown,  1911) 
Santy,  Robert  E.,  Inc.  (Lisbon,  1950) 
Saunders,  Heeley  and  Manter,  Inc.  (Moultonboro,  1948) 
Service  Co.  Inc.  (Plaistow,  1930) 

Shattuck,  L.  H.,  Incorporated  (formerly  J.  H.  Mendell  En- 
gineering and  Construction  Company,  The,  Manchester, 
1916) 
Shoreliner,  Inc.,  The  (formerly  The  Shoreliner,  Incorpo- 
rated, Portsmouth,  1950) 
Simon  Engineering  Co.  Inc.  (Manchester,  1950) 
Simplex  Engineering  &  Manufacturing  Co.,  Inc.  (Keene, 

1953) 
Singer,  Snow  Company  (formerly  Singer,  Snow,  Paparella 

Co.,  Manchester,  1936) 
Small  Tool  and  Instrument  Corporation  (Lebanon,  1953) 
Smith,  Walter  A.,  Inc.  (Pittsfield,  1952) 
Somersworth    Knitwear    Company,    Inc.     (Somersworth, 

1946) 
Spear  Shoe  Company  (Lancaster,  1932) 
Spencer  and  Sanborn,  Inc.  (Plymouth,  1947) 
Spofford  Garage,  Inc.  (Chesterfield,  1928) 
Sprague  &  Carleton  Trucking  Co.,  Inc.  (Keene,  1951) 
State  Outdoor  Advertising  Co.,  Inc.  (Manchester,  1948) 
State  Woodworking  Company,  Inc.  (Manchester,  1952) 
Stewart  Farms  Inc.  (Marlow,  1953) 
Stinson  Lake  Camps,  Inc.  (Rumney,  1937) 
Stockwell  Transformer  Corporation  (Concord,  1943) 
Stoughton  Funeral  Home,  Inc.  (Claremont,  1939) 
Stratton  &  Company  (Concord  and  Boscawen,  1913) 
Studley's,  Inc.  (Exeter,  1949) 


792  Chapter  448  [1955 

Stylerite,  Inc.  (Manchester,  1952) 

Sunapee  Industries,  Inc.  (Sunapee,  1948) 

Suncook  Valley  Transportation  Company  (Concord,  1943) 

Therriault  Press  Inc.  (Nashua,  1949) 

Thibodeau  Construction  Company,  Inc.  (Wolfeboro,  1939) 

Tibbo  Motors,  Inc.  (formerly  Prince  &  Tibbo,  Inc.,  Dover, 

1946) 
Tilton  Novelty,  Inc.  (Tilton,  1951) 
Tolman-Shea  Laboratories,  Inc.,  The  (Nelson,  1952) 
Tri-City  Aviation  Inc.  (Somersworth,  1949) 
Tri  State  Sales  Inc.  (Nashua,  1951) 
Twin  Mountain  Associates,  Inc.  (Carroll,  1951) 
Uncanoonuc  Incline  Railway  and  Development  Co.  (Goffs- 

town,  1903) 
Union  Grange  Fair  Association,  The,  (Plymouth,  1909) 
Union  Products,   Inc.  (formerly  Bailey  &  Blendinger  Co., 

Inc,.  Union,  1936) 
Upland  Terrace  Hotel,  Inc.  (Bethlehem,  1945) 
Var  Realty  Company,  Inc.  (Manchester,  1951) 
Varick,  John  B.  Company,  The  (Manchester,  1884) 
Veilleux  Hardware,  Inc.  (Claremont,  1950) 
Veilleux,  Inc.  (Claremont,  1953) 
Vermont  Poultry  Farm,  Inc.  (Walpole,  1950) 
Victory  Lumber  and  Supply  Company,  Inc.  (Londonderry, 

1946) 
WFEA,  Inc.  (Manchester,  1953) 
W  &  M  Lumber  Company,  Inc.  (Londonderry,  1953) 
Ware's  Garage,  Inc.  (Hanover,  1950) 
Weathermaster  of  Manchester,  Inc.  (Manchester,  1950) 
Westfield  Park  Associates,  Inc.  (Portsmouth,  1950) 
Wheeler  &  Nutting  Inc.  (Nashua,  1952) 
Whitehall  Cabins,  Inc.  (Manchester,  1952) 
White  Mountain  Furniture  Company,  Inc.  (Bristol,  1953) 
Whiting  Myer  Company  (Wilton,  1936) 
Wild  Goose  Lodges,  Inc.  (formerly  Wild  Goose  Lodge,  Inc., 

Newbury,  1951) 
William's  Motel,  Inc.  (Woodstock,  1958) 
Wilmot  Mining  and   Processing  Company,  Inc.  (Wilmot, 

1952) 
Wilson  Recreation  Park,  Inc.   (Keene,  1926) 
Winslow,  0.  F.,  Inc.  (Milford,  1947) 


1955]  Chapter  448  793 

Wonder  Products,  Inc.  (Laconia,  1946) 

Woodbury  and  McLeod,  Incorporated  (Manchester,  1936) 

Woodstock    Woodcraft    Corporation    (North    Woodstock, 

1944) 
Workshop  Cards,  Inc.  (Littleton,  1947) 
Wunnishaunta  Lodge,  Inc.  (Wolfeboro,  1948) 
The  principal  place  of  business   and  date  and  year  of  in- 
corporation, when  given  in  the  above  list,  are  included  for  the 
purpose  of  distinguishing  corporations  of  the  same  or  similar 
names. 

2.  Remedies  Preserved.  No  remedy  against  any  such 
corporation,  its  stockholders  or  officers,  for  any  liability  pre- 
viously incurred,  shall  be  impaired  hereby. 

3.  Reinstatement.  Any  such  corporation  may,  within 
ninety  days  after  this  act  takes  effect,  reinstate  itself  as  a 
corporation  by  the  payment  of  any  fees  in  arrears  and  the 
filing  with  the  secretary  of  state  of  any  annual  returns  re- 
quired by  law  and  a  statement  under  oath,  signed  by  the  clerk 
or  secretary  of  such  corporation,  that  it  desires  that  its  charter 
or  certificate  of  incorporation  shall  remain  in  full  force  and 
effect. 

4.  Disposition  of  Property.  Any  corporation  whose  charter 
is  hereby  repealed,  revoked  and  annulled,  shall,  nevertheless, 
continue  as  a  body  corporate  for  the  term  of  three  years  from 
the  date  this  act  takes  effect,  for  the  purpose  of  presenting  and 
defending  suits  by  or  against  it  and  of  gradually  closing  and 
settling  its  concerns  and  distributing  its  assets,  including  the 
disposition  and  transfer  of  all  or  any  part  of  its  property  and 
for  no  other  purpose ;  provided  that  for  the  purpose  of  any  suit 
or  action  by  or  against  any  such  corporation,  pending  at  the 
end  of  said  term  of  three  years,  such  corporation  shall  continue 
as  a  body  corporate  until  ninety  days  after  final  judgment  or 
decree  in  such  suit  or  action;  and  provided  further  that  the 
superior  court  shall  have  power  at  any  time  when  it  shall  be 
made  to  appear,  upon  the  petition  of  any  interested  party,  that 
the  protection  of  proprietary  or  other  rights  requires  the  do- 
ing of  any  act  or  thing  by  or  in  behalf  of  any  such  corporation, 
to  order  the  doing  of  such  acts  or  things,  and  for  this  purpose 
may  appoint  and  authorize  an  agent  to  act  for  and  in  the  name 


794  Chapter  449  [1955 

of  such  corporation  and  any  action  so  ordered  and  done  shall 
be  effective  corporate  action. 

5.  Annual  Returns  for  Voluntary  Corporations.  The  pro- 
visions of  section  4-b  of  chapter  272  of  the  Revised  Laws,  as  in- 
serted by  section  8  of  chapter  171,  Laws  of  1955,  entitled,  an 
act  relative  to  fees  for  business,  voluntary  and  foreign  corpo- 
rations, shall  take  effect  as  of  June  1,  1956. 

6.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  30,  1955.] 


CHAPTER  449. 


an  act  establishing  a  police  commission  for  the  city  of 

Rochester. 

Be  it  enacted  by  the  Sermte  and  House  of  Representatives  in 
General  Court  convened: 

1.  Rochester  Police  Commission.  There  shall  be  a  police 
commission  for  the  city  of  Rochester  consisting  of  three  mem- 
bers. The  members  of  said  commission  shall  be  elected  by  the 
voters  of  said  city  of  Rochester  at  the  municipal  elections  in 
the  following  manner :  At  the  municipal  election  in  December 
of  1955  one  member  of  said  board  of  police  commissioners  shall 
be  elected  for  a  term  of  three  years,  one  member  of  said 
board  shall  be  elected  for  a  term  of  two  years,  and  one 
member  of  said  board  shall  be  elected  for  a  term  of  one  year, 
and  thereafter  at  each  annual  municipal  election  one  member 
shall  be  elected  for  a  term  of  three  years.  At  the  first  election 
of  said  commissioners  the  member  with  the  three-year  term 
shall  be  a  resident  of  Ward  5  or  Ward  6,  the  member  with  the 
two-year  term  shall  be  a  resident  of  Ward  3  or  Ward  4,  and 
the  member  for  the  one-year  term  shall  be  a  resident  of  Ward 
1  or  Ward  2,  and  thereafter  the  election  shall  be  rotated  in  the 
same  manner.  The  election  shall  be  by  ballot  and  the  term  of 
office  of  each  shall  commence  in  January  next  following  his 
election. 

2.  Qualifications.     One  member  of  said  board  of  police  com- 


1955]  Chapter  449  795 

missioners  shall  be  a  resident  of  Ward  1  or  Ward  2  of  said  city ; 
one  member  of  said  board  shall  be  a  resident  of  Ward  3  or 
Ward  4  of  said  city;  and  one  member  of  said  board  shall  be  a 
resident  of  Ward  5  or  Ward  6  of  said  city. 

3.  Duties.  It  shall  be  the  duty  of  the  board  of  police  com- 
missioners authorized  hereunder  to  appoint  such  police  officers^ 
constables  and  superior  officers  as  it  may  in  its  judgment  deem 
necessary  and  to  fix  their  compensation, 

4.  Compensation  of  Police  Commission.  Each  police  com- 
missioner shall  be  paid  an  annual  salary  of  one  hundred  dollars 
to  be  paid  from  the  city  treasury. 

5.  Rules.  The  board  of  police  commissioners  shall  have 
full  power  to  make  all  rules  and  regulations  for  the  government 
of  the  police  force  and  to  enforce  said  rules.  Provided,  that 
rules  and  regulations  shall  not  be  adopted  by  said  commission-- 
ers  which  would  require  new  applications  or  examinations  of 
members  of  the  police  force  employed  at  the  date  this  act  takes 
effect. 

6.  Removal.  The  board  of  police  commissioners  shall  have 
authority  to  remove  any  police  officer,  constable  or  superior 
officer  of  the  force  at  any  time  for  just  cause  and  after  due 
hearing  which  cause  shall  be  specified  in  the  order  of  removal. 

7.  Application  of  Statutes.  Such  provisions  of  chapter  241 
of  the  Laws  of  1891  or  amendments  thereto  as  may  be  incon- 
sistent with  the  provisions  of  this  act  are  hereby  repealed  to 
the  extent  of  such  inconsistency.  The  authority  of  the  mayor 
and  city  council  to  remove  any  member  of  the  police  depart- 
ment of  the  city  is  hereby  repealed. 

8.  Interim  Provisions.  During  the  period  from  the  time 
of  the  passage  of  this  act  until  the  qualifications  of  the  board 
of  police  commissioners  in  January,  1956  all  members  of  the 
police  force  of  said  city  shall  remain  in  office  unless  by  volun- 
tary separation  from  service  and  all  rules  and  regulations 
affecting  said  department  shall  remain  in  effect  until  changed 
by  the  board  of  police  commissioners. 

9.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  June  30,  1955.] 


796  Chapters  450, 451,  452  [1955 

CHAPTER  450. 

an  act  legalizing  certain  meetings  of  the  town  of 

Seabrook. 

Be  it  eTiacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  meeting  held  in  the  town  of  Seabrook  on  March  8, 
1955,  and  at  adjourned  meetings  held  on  March  12,  1955,  March 
26,  1955  and  May  25,  1955,  are  hereby  legalized,  ratified  and 
confirmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  5,  1955.] 


CHAPTER  451. 


an  act  relative  to  vacations  for  employees  of  the  city  of 

Manchester. 

Be  it  eTiacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  The  City  of  Manchester.  Amend  section  1  of  chapter 
279  of  the  Laws  of  1919,  as  amended  by  section  1,  chapter  278 
of  the  Laws  of  1921,  section  1,  chapter  275,  Laws  of  1943  and 
section  1,  chapter  277  of  the  Laws  of  1945  by  striking  out  said 
section. 

2.  Takes  Effect.  This  act  shall  take  effect  January  1,  1956. 
[Approved  July  14,  1955.] 


CHAPTER  452. 


an  act  relative  to  trustees  of  trust  funds  of  the  city  of 

Portsmouth. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.     City  of  Portsmouth.     Amend  section  67  of  chapter  398 


1955]  Chapter  453  797 

of  the  Laws  of  1947  by, striking  out  said  section  and  inserting 
in  place  thereof  the  following:  67.  Trust  Funds.  Trust 
funds  of  the  city  of  Portsmouth  shall  continue  to  be  kept 
separate  and  apart  from  all  other  funds  and  shall  remain  in 
the  hands  of  the  trustees  of  trust  funds,  one  of  whom  shall  be 
appointed  by  the  mayor  each  year  for  a  term  of  three  years. 
The  appointment  of  a  trustee  hereunder  shall  not  be  effective 
until  it  has  been  confirmed  by  vote  of  at  least  two-thirds  of  the 
member-ship  of  the  council.  Said  trustees  shall  invest  such 
funds  in  securities  legal  for  investment  by  mutual  savings 
banks  of  this  state. 

2.  Present  Officials.  Nothing  herein  shall  be  construed  as 
affecting  the  term  of  office  of  the  trustees  of  trust  funds  in 
office  at  the  time  of  the  passage  of  this  act. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  14,  1955.] 


CHAPTER  453. 


AN  ACT  RELATIVE  TO  THE  SALARIES  OF  THE  BOARD  OF  PUBLIC 
WORKS  OF  LaCONIA. 

Be  it  enacted  by  the  Senate  ayid  House  of  Representatives  in 
General  Court  convened: 

1.  City  of  Laconia;  Board  of  Public  Works.  The  annual 
salary  of  each  member  of  the  board  of  public  works  of  the  city 
of  Laconia  shall  be  two  hundred  dollars. 

2.  Application  of  Laws.  Such  provisions  of  section  21  of 
chapter  241  of  the  Laws  of  1893,  as  inserted  by  chapter  278, 
Laws  of  1901,  relative  to  the  salaries  of  the  members  of  the 
board  of  public  works,  as  may  be  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed  to  the  extent  of  such  in- 
consistency. 

3.  Takes  Efleect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  14,  1955.] 


798  Chapters  454,  455  [1955 

CHAPTER  454. 

AN  ACT  RELATING  TO  THE  EXCLUSIVE  RIGHT  OF  THE  RYE  WATER 

District  to  acquire  water  rights  within  a  part  of 

THE  TOWN  OF  RyE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Rye  Water  District.  The  Rye  Water  District,  a  village 
district  in  the  town  of  Rye,  for  the  supplying  of  water  to  its 
inhabitants  and  for  other  municipal  purposes,  shall  have  the 
exclusive  right  and  privilege  of  taking  water  for  public  use  in 
said  town  of  Rye  except  that  part  within  the  Rye  Beach  Pre- 
cinct and  that  part  northeast  of  the  former  site  of  the  Wallis 
Sands  life  saving  station  and  the  road  leading  therefrom  to 
Lang's  Corner  in  said  town  of  Rye,  and  is  hereby  authorized 
and  empowered  to  take,  purchase,  and  hold  in  fee  simple  or 
otherwise  any  real  estate,  rights  therein,  and  water  rights 
necessary  for  said  purposes.  The  said  district,  if  unable  to 
agree  with  the  owner  of  any  real  estate,  rights  therein,  or 
water  rights  which  may  be  necessary  for  the  purposes  hereof, 
may  take  the  same  by  eminent  domain  as  provided  by  chapter 
56  of  the  Revised  Laws  (chapter  38,  RSA),  relating  to  muni- 
cipal lighting  and  water  system,  and  may  do  any  and  all  other 
things  necessary  for  carrying  into  effect  the  purposes  of  this 
chapter,  including  the  laying,  relaying,  and  maintenance  of 
water  mains  and  pipes  in  the  public  highways  witljin  said 
town,  having  due  regard  for  the  safety  and  security  of  the 
public  travel  thereon. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  July  22,  1955.] 


CHAPTER  455. 

AN  ACT  RELATING  TO  THE  SCHOOL  DISTRICT  OF  THE  TOWN  OF  RyE. 

Be  it  enacted  by  the  Senate  and  Hoiise  of  Representatives  in 
General  Court  convened: 

1.     Approval  of  Bond  Issue.     The  school  district  of  the  town 


1955]  Chapter  456  799 

of  Rye  is  hereby  authorized  to  avail  itself  of  all  the  powers  and 
privileges  of  chapter  11,  Laws  of  1955,  with  reference  to  the 
proposed  bond  issue  of  the  said  district  in  the  sum  of  two  hun- 
dred and  twenty-five  thousand  dollars  ($225,000)  authorized 
at  the  annual  meeting  of  said  school  district  for  the  year  1955, 
and  said  bond  issue  when  approved  as  provided  in  chapter  11, 
Laws  of  1955,  shall  constitute  valid  general  obligations  of  said 
school  district.  In  all  other  respects,  the  acts  and  proceedings 
of  the  1955  annual  meeting  of  said  school  district  and  the 
adjournment  thereof,  pertaining  to  said  bond  issue,  are  hereby 
legalized,  ratified  and  confirmed. 

2.    Takes   Effect.      This   act   shall   take   effect   upon    its 
passage. 
[Approved  July  22,  1955.] 


CHAPTER  456. 

AN  ACT  RELATING  TO  THE  UNION  SCHOOL  DISTRICT  OF  KEENE. 

Whereas,  the  Union  School  District  of  Keene,  at  a  special 
meeting  held  by  the  district  on  September  28,  1950,  raised  the 
sum  of  three  hundred  thousand  dollars  by  bond  issue  for  the 
purchase  of  land  and  buildings  known  as  the  Dickinson  prop- 
erty on  Roxbury  street  and  the  construction  thereon  and  equip- 
ment of  a  new  senior  high  school  gymnasium,  and 

Whereas,  the  Union  School  District  of  Keene,  through  its 
duly  authorized  building  committee  purchased  said  land  and 
engaged  an  architect  for  carrying  out  said  purpose  and  ex- 
pended the  sum  of  sixty-six  thousand  four  hundred  seventy- 
four  dollars  and  five  cents  for  same,  and 

Whereas,  the  board  of  education  of  the  Union  School  Dis- 
trict of  Keene  and  the  said  building  committee  desires  that  the 
voters  of  the  district  have  the  opportunity  to  consider  the 
aspect  of  using  the  balance  of  said  monies  for  other  capital 
improvements,  and 

Whereas,  the  Union  School  District  of  Keene  is  faced  with 
capital  improvements  to  its  elementary  and  secondary  school 
system,  now  therefore 


800  Chapter  457  [1955 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Authorization.  The  Union  School  District  of  Keene  is 
hereby  authorized  to  use  the  balance  of  the  so-called  gym- 
nasium fund  amounting  to  two  hundred  thirty-three  thousand 
five  hundred  twenty-six  dollars,  plus  accumulated  interest,  for 
the  necessary  construction  of  additions  to  present  elementary 
or  secondary  school  buildings. 

2.  Takes  Effect.  This  act  shall  take  effect  when  approved 
by  a  vote  of  two-thirds  of  those  present  and  voting  at  a  special 
meeting  of  said  district  to  be  held  on  September  22,  1955,  or 
at  any  other  annual  or  special  meeting  duly  called  thereafter, 
provided  that  the  warrant  for  said  meeting  shall  contain  an 
article  calling  for  the  consideration  of  such  approval,  and  pro- 
vided further  that  the  requirements  in  section  3  of  chapter  139, 
Revised  Laws,  as  amended,  to  the  effect  that  a  majority  of  all 
the  legal  voters  must  be  present  and  vote  at  such  special  meet- 
ing, shall  not  be  applicable. 

[Approved  August  5,  1955.] 


CHAPTER  457. 


AN  ACT  LEGALIZING  THE  ANNUAL  SCHOOL  DISTRICT  MEETING  OF 
THE  LITCHFIELD  SCHOOL  DISTRICT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  school  district  meeting  of  the  Litchfield  school  dis- 
trict, held  on  March  4,  1955,  are  hereby  legalized,  ratified  and 
confirmed. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


1955]  Chapters  458,  459  801 

CHAPTER  458. 

AN  ACT  RELATING  TO  ABSENTEE  VOTING  AT  BIENNIAL  ELECTIONS 

IN  Berlin. 

Be  it  enacted  by  the  Senate  and  Hous^e  of  Representatives  in 
General  Court  convened: 

1.  Berlin  Election;  Absentee  Voting.  Amend  section  10-a 
of  chapter  121  of  the  Laws  of  1897,  as  inserted  by  chapter  265 
of  the  Laws  of  1945,  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  Sect.  10-a.  Any  legal  voter 
of  said  city  who  is  absent  from  the  city  on  the  day  of  the 
election  or  who  is  unable  to  vote  in  person,  on  the  day  of  meet- 
ing for  the  election  of  city  and  ward  officers,  held  in  March 
biennially,  may  vote  at  said  election  by  so-called  absentee  ballot. 
The  provisions  of  sections  61  to  75  of  chapter  34  of  the  Revised 
Laws,  as  amended,  so  far  as  applicable  hereto  and  not  incon- 
sistent herewith,  shall  apply  to  such  absent  voting  in  said  city, 
provided  that  the  city  clerk  shall  prepare  the  forms  and  ballots 
for  such  voting  and  said  clerk  shall  also  prepare  the  in- 
structions required  in  section  74  of  said  chapter  34. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


CHAPTER  459. 

AN  ACT  RELATIVE  TO  ELECTIONS  FOR  THE  CITY  OF  KEENE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

1.  City  of  Keene.  Amend  section  3,  chapter  341,  Laws  of 
1953,  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:     3.     Nomination  and  Election  of   Candidates. 

The  name  of  any  person  shall  be  printed  upon  the  primary 
ballots  upon  his  filing  with  the  city  clerk,  not  later  than  five 
o'clock  in  the  afternoon  of  the  fifteenth  day  before  the  primary, 
his  declaration  in  writing  that  he  is  a  candidate  for  any  office 
to  be  filled  at  the  succeeding  municipal  election  and  paying  to 
the  city  clerk  a  filing  fee  of  two  dollars  except  in  the  case  of 


802  Chapter  459  [1955 

filing  for  mayor,  when  the  filing  fee  shall  be  five  dollars ;  pro- 
vided, however,  that  the  name  of  any  person  shall  be  printed 
upon  the  primary  ballot  without  the  filing  of  a  declaration  or 
the  payment  of  a  fee,  if  a  petition  in  his  behalf  signed  by  at 
least  fifty  qualified  voters  shall  have  been  filed  with  the  city 
clerk  not  later  than  five  o'clock  in  the  afternoon  of  the  tenth 
day  before  the  primary.  The  petition  shall  consist  of  at  least 
fifty  individual  certificates,  each  in  form  substantially  as 
follows : 

"I  do  hereby  join  in  a  petition  for  the  publication  on 

the  primary  ballot  of  the  name  of , 

residing  at (street,  ward) 

for  the  office  of to  be 

voted  for  at  the  primary  election  to  be  held  by  the 

City  of  Keene  on  the day  of 

,  19 ,  and  I  certify  that 

I  am  qualified  to  vote  for  a  candidate  for  said  office, 
and  am  not  a  signer  of  any  other  similar  petition  for 
any  other  candidate  for  the  above  office;  that  my 

residence  is (street,  ward).  I 

further  certify  that  I  believe  the  above  named  person 
is  especially  qualified  to  fill  said  office. 

(signed)    " 

Several  certificates  may  be  printed  on  one  paper.  One  of  the 
signers  of  each  such  paper  make  an  oath  before  an  officer 
competent  to  administer  oaths  that  the  statements  therein 
made  are  true  to  his  best  knowledge  and  belief,  and  that  each 
signature  to  the  paper  is  the  genuine  signature  of  the  person 
whose  name  it  purports  to  be.  The  city  clerk  shall  furnish  up- 
on application  a  reasonable  number  of  forms  of  individual 
certificates  of  the  above  character.  No  primary  petition  shall 
be  accepted  by  the  city  clerk  without  an  endorsement  thereon 
by  the  candidate  consenting  to  the  printing  of  his  name  on  the 
primary  ballot  as  requested  in  the  petition.  When  a  primary 
petition  is  presented  for  filing  to  the  city  clerk,  he  shall  forth- 
with examine  the  same  and  ascertain  whether  it  conforms  to 
the  provisions  of  this  section,  and  if  not  found  in  conformity 
thereto,  he  shall  designate  the  defect  and  return  the  petition 
to  the  candidate  in  whose  behalf  it  was  filed.  Such  petition  may 
again  be  presented  when  properly  amended  if  this  can  be  done 
within  the  time  allowed  for  filing  such  primary  petitions.  The 


1955]  Chapter  459  803 

names  of  the  two  candidates  for  mayor  receiving  the  greatest 
number  of  votes  cast  in  the  city,  and  the  names  of  the  four 
candidates  for  councilmen  in  each  ward  receiving  the  largest 
number  of  the  votes  cast  at  the  primary  for  councilmen  in  each 
ward  shall  be  printed  upon  the  ballot  to  be  used  at  the  succeed- 
ing municipal  election  as  nominees  for  such  offices. 

2.  Officers.  Amend  section  8,  chapter  439,  Laws  of  1949, 
by  striking  out  the  same  and  inserting  in  place  thereof  the 
following:  8.  Teims  of  Office.  Terms  of  office  shall  begin 
from  the  first  secular  day  of  January  next  following  election 
and  until  their  successors  are  chosen  and  qualified.  The  term  of 
office  of  the  mayor  shall  be  two  years.  Beginning  with  the 
biennial  election  in  November  1955,  and  biennially  thereafter 
there  shall  be  elected  in  each  ward  of  the  city  two  councilmen. 
The  candidate  in  each  ward  receiving  the  largest  number  of 
votes  shall  hold  office  for  a  term  of  four  years  and  the  candi- 
date in  each  ward  receiving  the  next  largest  number  of  votes 
shall  hold  office  for  a  term  of  two  years. 

3.  Legalization    of    Election;    Present    Incumbents.     The 

election  of  the  mayor  and  councilmen  at  the  November  election, 
1953,  is  hereby  legalized,  ratified  and  confirmed.  The  term  of 
office  of  the  councilmen  in  each  ward  now  in  office  who  received 
the  largest  number  of  votes  at  the  1953  election  shall  be  until 
the  first  secular  day  of  January,  1958.  The  term  of  office  of  the 
remaining  councilmen  now  in  office  shall  expire  as  of  the  first 
secular  day  of  January  1956. 

4.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  August  5,  1955.] 


THE  STATE  OF  NEW  HAMPSHIRE 


Office  of  Secretary  of  State. 
Concord,  October  1,  1955. 

I  hereby  certify  that  the  acts  and  resolutions  contained  in 
this  volume  have  been  compared  with  the  originals  in  this  office 
and  found  to  be  correctly  printed. 

ENOCH  D.  FULLER, 
Secretary  of  State. 


This  index  includes  references  to 
the  Private  Acts,  which  are  not 
printed  in  the  paper-bound  edition. 


INDEX 

TO 

NEW  HAMPSHIRE  LAWS 

SPECIAL  SESSION,  1954 
JANUARY  SESSION,  1955 


Page 

Abatement  of  taxes,  see  Taxation. 
Absentee  voting,  see  Elections. 

Accountancy,  board  of,  appropriation   605,  672 

supplemental  appropriation    12 

Accountants    and   auditors,   transfer   of   personnel,   by   governor   and 

council  641 

Actions,  contracts,  motion  for  summary,  judgment  on   54 

limitation  of  skiing  injuries  331,  332 

Acworth,  town  of,  proceedings  legalized  762 

Adjutant  general,  appropriation   491,  579,  646 

artillery,  obsolete,  disposition  of   714 

flag  bearing  battalions,  appropriation    491 

rank   ; 7i 

service  period    73 

Administration  and  control,  appropriation   580,  647 

business  supervisor,  additional  duties    643 

assistant    643 

salary 564 

Administrator,  see  Decedent's  estates 

Advertising,   roadside,  prohibited   erection,  penalty   178 

Aeronautic  fund,  airway  toll,  payment  to  towns  and  cities 92,  93 

Aeronautics,  appropriation,  change  in  amount    355 

time  extended 3S5 

commission,  appropriation    627,  692 

damage  caused  by  aircraft,  liability  of  mortgagee  267 

Agriculture,  see  also    Soil   conservation  and   domestic  allotment  act 

department   of,  appropriation    583,  650 

inspection  fees,  allocation  of   366 

milk  control,  licenses,  fees 366,  367 

milk,  bulk  tank  collector  trucks,  permit  required   115 

receiving  stations,  defined    115 

weighers  and  samplers,  license   115 

fees    116 

New  Hampshire  fertilizer  law  of  1955,  see  Fertilizer, 
plants,  see  Plant  and  seed  certification, 
seeds,  see  Plant  and  seed  certification. 

supervisor  of  dairy  service,  appointment  of  116 

Air  pollution  control  facilities,  tax  exemption 281 

807 


808                                        Index  [1955 

Page 

Aircraft,  damages  by,  liability,  tax  exemption 267 

financial  responsibility,  bankruptcy,  discharge  in 311 

commission,   to  administer   300 

definitions    299,  300 

evidence,  civil,  criminal  proceedings   308 

in  other  states  306 

insurance,  policies,    requirements    303,  304 

self-insurers     305 

non-applicability  of  act  309 

non-residents,  application  to    306 

operator's  permit,  suspension  of,   duration   304 

exceptions  301,  302,  303 

required  301,  302,  303 

penalties     308,  309 

process,  availiability    of    310 

service  of    310,  311 

registration,  suspension   of,   duration   304 

exceptions 301,  302,  303 

required    301,  302,  303 

transfer     308 

reports  required   301 

security,  amount 306 

custody    307 

form  of 306 

return  of    307 

see  Liens. 
Airplanes,  sec  Aircraft. 

Airports,  zoning,  definitions,  airport    75 

hazard    , 75 

rules  and  regulations  75,  76 

Alcoholism,  division  of,  supplemental   appropriation    337,  338 

use  of  revenue   337 

Alexander  cemetery  association,  transfer  of   funds  764 

Alstead,  highway,  reclassified    28 

transfer  of   funds    28 

Alton  school  district,  meetings  legaUzed    751 

Annulment,   temporary  orders    394 

Apportionment  of  public  taxes  537-544 

Appropriation,  alcoholism  division,    supplemental    337,  338 

biennial,  see  under  name  of  departments. 

capital  improvements,  transfer  of  funds  4 

highway  improvement   427 

mileage     388 

requests  for,   filing  with  comptroller    575 

state  government,  general  expenses,  month  of  July  .  .  342 

hospital   4 

supplemental   11.  12 

temporary    417 

Archery,  see  Fish  and  game. 


1955]                                     Index  809 

Page 

Armed  forces,  members  of,  hunting,  fishing  licenses  136 

Armories,  sale  of,  proceeds  377,  378 

Atkins,  estate  of  Edith  P.,  in  favor  of  719  ■ 

Atkinson,  town  of,  meeting  legalized  747 

Atomic  energy,  appropriations     432 

declaration  of   policy    428 

definitions     432,  433 

development  and  regulation    428 

study  of,  coordinator,  appointment     431 

duties    431 

funds    432 

laws  by  state  agencies    430 

United  States  licenses,  injunction    432 

requirement    429 

Attachment,  excessive,  burden  of  proof   35 

Attorney  general,  appropriation    585,  652 

subversive  activities,  investigation  continued    708,  715 

Baker  River,  classification  of  353 

Ball,  John  S.,  in  favor  of  709 

Bank  commissioner,  appropriation   627,  693 

Banks,  savings,  investments  of,  industrial  securities,  bonds  and  notes  317 

limitations   324,  519 

loans,  collateral   323 

servicing  of   323 

unsecured     323,  324 

municipalities    315 

New    Hampshire    companies,    bonds 

and  notes  317 

other  318 

participating  lender,  defined  314,  315 

loans    318,  319,  320 

defined  315 

prudent  investments   320 

railroads,  bonds  and  notes 316 

real  estate.  New  Hampshire   321,  322 

other    322,  323 

telephone  and  telegraph  companies  .  .  317 

total  capital    315 

utility  companies  316 

water  companies,  bonds 316 

lost  deposit  books,  duplicate  29 

small  loans,  licensees,  annual   report   134,    135 

licenses    135 

trust  deposits  in  520,  521 

Barbers  board,  appropriation  596,  663 

Bear  brook  state  park,  regulation  of  motors   289,  290 

damage  by    528 

Bears,  see  Fish  and  game. 


810 


Index 


[1955 


Page 

Beaver,  skins,  stamping  fee •  •  74 

Bedford  school  district,  proceedings  legalized 735 

Berlin,  city  of,  absentee  voting  801 

park  commissioners,  recreational   purposes    745 

salaries    744 

Beverages,  see  Liquor. 

Billboards,  see  Public  works  and  highways. 

Blackjack,  carrying  of  465 

Boars  Head,  shore  protection    396 

Bonds,  administrators,  see  Decedent's  estate, 
trustees,  see  Trustees  of  estates. 

Boutin,  Estate  of  Joseph  L.,  in  favor  of   719  " 

Bow  and  arrow,  hunting,  license  for  minor   178 

town  of,  proceedings   legalized   764 

Bribes,  giving   521 

receiving  or  soliciting  522 

Bridgewater  school  district,  proceedings  legalized 782 

Bristol  school  district,  meeting  legalized  747 

Brook  trout,  sale  of  44,  45 

Buffum,  Francis  H.,  in  favor  of 716 

Building  and  loan  associations,  approval,  paid  up  stock 62 

investment  shares,  limitation  removed  182 

loans,  term  174 

liquidation,  paid  up  stock 62 

real  estate  investments   173 

saving  shares,  limitation  removed    .  .  181 
single     payment     shares,     restriction 

removed    182 

unsecured  loans 183 

Buildings,  construction  of,  see  Public  buildings. 

Burial  permits,  prerequisite  to  issuance 124 

Business  records,  see    Uniform     preservation     of     private     business 
records. 

supervisor,  additional  duties  643 

assistant    643 

salary     564 

Burque,  Henri  A.,  Drive,  named 57 

Campaign  expenditures,  complaints    416 

contributions,  limitations   408,  409 

definitions     408 

fiscal    agent    414 

limitations    409-412 

penalties 416,  417 

political  advertising    415 

committee,  treasurer    414 

reports,  expenditures     under     two     hundred 

dollars  413 

major  candidates , •,•  •  412 

other  candidates     '........  413 


1955]                                     Index  811 

Page 

Campaign  expenditures,  reports,  political   committees    413 

public   inspection    413 

social    activities    414 

state  committees  412 

supreme  court  proceedings   416,  417 

Campton  Village  precinct,  borrowing    741 

proceedings  legalized   HZ 

Cancer  commission,  appropriation    596,  663 

Canterburj',  town  of,   proceedings  legalized    762 

Capital  improvements,  state  appropriations     567-571 

financing  of   572 

issue  of  bonds  and  notes  575 

sbort  term   notes    574 

supervision  b\'   governor  and   council   .  .  571 

transfer  of  funds  4 

Cemetery  trusts,  new  trustees   40 

Center  Harbor  school  district,  proceedings  legalized    775 

Central  Hooksett  water  precinct,  borrowing    754 

Certified  mail    368 

Charitable  corporations,  see  Corporations. 

solicitations,  permits  401 

Chattel  mortgages,  mortgaged  property,  consent  to  sell,  penalty 254 

subsequent  mortgage,  penalty   254 

Cheshire  county,  surface  waters,  classification  242,  243 

county  Savings  Bank  of  Keene,  deposit  limitation   770 

Children's  study  home,  appropriation   532 

Chiropody  board,   appropriation    597,  663 

Chiropractic  board,  appropriation   606,  672 

Chukar  partridge,  sale  of   116,  117 

Cider,  sale  to  minors 257,  258 

City  officials,   prohibited  employment    31 

treasurer,  facsimile   signature    109 

sec  also  Municipal. 

Civil  air  patrol,  appropriation  633,  699 

defense,  appropriation    633,  699 

auxiliary  police,  arrests  by  329 

local  organization  for  327 

personnel,   loyalty   oath    328 

powers   of  governor    326 

violations,  penalty   329 

Clams,  permits    503 

regulations    503 

taking  502 

time    501 

violations,  penalty   501 

Claremont  Building  and  Loan  Association,  name  changed   766 

city  of,  ordinances   765 

Cooperative  Bank,  named 766 

municipal  court,  salary 426 


812  Index  [1955 

Page 

Clarksville,  taxation  of  property    531 

Clement,  Louis  E.,  in  favor  of  728 

Colby  Junior  College  Highway,  law  repealed    492 

property  authorized  737 

Colebrook,  town  of,  proceedings  legalized  751 

Colony,  Estate  of  George  T.,  in  favor  of 122) 

Comptroller,  estimates  of  expenditures,  filing  with  575 

see  also  Administration  and  control. 

Concord,  check-lists,    correction    746 

council  meetings,  notice  752 

lake  project,  studj'  commission,  appointment     508 

duties  508 

powers     509 

revenues    509 

Constitutional  convention,  amendments   52 

appropriation     52 

delegates  5l 

compensation   52 

organization     51 

Construction  of  public  buildings,  see  Public  buildings. 

statutes,  registered  mail  368 

Contracts,  motion  for  summary  judgment  on  54 

Cooperative  school  district,  see  School  districts,  cooperative. 

Coos  county,  in  favor  of  709 

Corporation,  name,   registration  of    435 

religious,  see  Voluntary  corporation. 

Corporations,  business,  amendments,  capital   stock  increase,    fee   ....  246 

without    capital     stock  increase, 

fee    246 

annual  fee    246 

assets,  mortgage  of 33 

filing  fee    245 

merger,  recording  fee  9 

missing   shareholders    151 

railroad  corporations    258 

record  date,  fixing  of    398 

of  organization,  fee 245 

stock  transfer  books,  closing  of 398 

subsequent   returns,   fee   245 

charitable,  common  trust  funds,  contributions    and  with- 
drawals      235 

establishment  of  234 

exceptions     235 

requirements    234,  235 

charters  repealed    784-794 

foreign,  annual   fee    248 

change  of  name,  fee   249 

registration,  fee   248 

withdrawal  from  state,  filing  fee 249 


1955]                                      Index  813 

Page 

Corporations,  voluntary,  annual  returns,  fee     247 

penalty    247 

filing  fee  247 

orthodox  parishes,  articles  of  agreement    ...  118 

incorporation    117,  118 

Q)uncil  of  State  Governments 576,  644 

Counsel,  court  assigned,  fees  324,  325 

Counties,  register  of  deeds,  list  of  conveyances  to  local  officials 107 

County  commissioners,    Grafton,   districts    392 

commissioners,  salaries   373,  399 

convention,  tie  votes 144,  145 

farm,  motor  fuel  road  toll,  refund  277,  278 

sheriff,  Coos,  salary 250 

treasurer,  Coos,  salary 250 

facsimile   signature 109 

salaries     373 

Courts,  see  Municipal  court. 
Probate  court. 
Superior  court. 
Supreme  court. 

Crabs,  licenses,   revocation   502 

Credit  unions,  checks,  sale  of  224 

group  life  insurance   279,  280 

interest  refunds    390 

loans  to  members,  committee  approval  of  223 

use  of  funds,  loans  to  other  credit  unions  314 

Crimes,  false  report  of   149 

Criminal  cases,  assignment  of  counsel,  fees 324,  325 

\a.w,  bribes,  see  Bribes. 

false  report  of  crime   149 

insane  prisoners,   committal    256 

penalties     253,  254 

Crowe,  James  S.,  in  favor  of  729 

Dairy  services,  supervisor,  see  Agriculture. 

Dale  road,  maintenance   72 

reclassification     72 

Dams  and  water  rights,  see  Water  resources  board. 

Danbury  Hospital,  in  favor  of 717 

Dartmouth  Savings  Bank,  compensation  of  officers  748 

propert}',  holding  of   748 

Daylight  saving  time,  see  Time. 

Death  certificates,  cause  of  death  124,  125 

Decedent's  estates,  bond  of  administrator   55,  56 

non-resident  distributees,  delivery  deferred 222 

trustees,  bonds 34 

Deer,  see  Fish  and  game. 

Demers,  Alex,  in  favor  of  717 


814  Index  [1955 

Page 

Dental  board,   state,   license,  application  fee   173 

hygienist,  fee     87 

reciprocal  licenses,  fee    88 

issuance 88 

Dentistry,  illegal  practice  of,  injunction  88,  89 

Dentists,  reciprocal  licenses,  fee     88 

issuance    88 

Descent    and    distribution,     wages,     payment    to    surviving    spouse, 

affidavit  89 

liability    89 

Diagnostic  laboratories,   transferred  to  state  hospital   461 

Divorce,  out-of-state  decrees,  alimony  and  support   394 

temporary  orders   394 

Documents,  state,  see  State  documents. 

Dogs,  cropped  ears,  penalty     172 

possession     172 

licenses,  exemptions,  seeing  eye    30 

World  War  II  30 

muzzling,   hearing    l-"'0 

restraining,  hearing 150 

unlicensed,  title  to  humane  societies   112 

Dover,  city  of,  registration   of  voters   749-751 

ward  lines   767-769 

Drive-In  tlieatres,  access  to  highway,  appeal   178 

hearing  177 

penalty   178 

permit  required   177 

Drivers  school,  see  Motor  vehicles. 

Driving  while  intoxicated,  penalties  433 

Dumps,  approval  by  state  board  of  health   420 

closing  of  421 

emergency  hazards    421 

exemptions   419,  420 

incineration    420 

regulations    420 

required  facilities 419 

Eastern  New  Hampshire  turnpike,  service  road  492 

Education,  department,  appropriation    619,  685 

capital  improvements  569 

education  of  the  deaf,  account,  appropriation  726 
see  also  New  England  higher  education  compact. 
see  also  State  aid  for  education. 

Educational  grants.  New  Hampshire  residents,  limitation  353 

Elections,  absentee  voting,  absence  from  locality    498 

application  for  ballot 498 

civilian  employees  331 

duties  of  clerk  498 

military  personnel  330 


1955]                                     Index  815 

Page 

Elections,  absentee  voting,  penalties    499 

religious  workers    331 

welfare  workers    331 

checklist,  insertion  of  names,  servicemen     282,  283 

veterans    282,  283 

county  convention,  tie  vote  144,  145 

primary,  incompatible  offices,  notice  of  acceptance    138 

write-in  votes    10 

see  Campaign  expenditures. 

Elk,  destruction  of 52 

Ellsworth,  town  of,  proceedings  legalized  782 

Employees'  retirement  system,  appropriation    634,  699 

supplemental    appropriation     12 

see  Retirement  system  correlated  with 
OASI. 

Engineering,  practice  of,  board  action,  appeal   from   168,  169 

members,  compensation  167 

certificate,  reissuance  168 

suspension  of    167,  168 

wrongful  use  of   169 

definitions    167 

Episcopal    Church   in   New    Hampshire,  see  Trustees   of    Protestant 
Episcopal  Church. 

Erosion,  study,  by  commissioner  of  public  works  and  highways   397 

Estate  tax,  extended    91,  92 

Executions,  see  Superior  court. 

Executive  department,  appropriation   577,  644 

Exeter,  town  of,  proceedings  legalized  746 

Explosives,  board  of  fire  control,  duties    271,  272,  274 

rules  and   regulations    272,  273,  274 

defined 271 

possession  of    269,  270 

transportation  of,  blasting  caps   271 

regulations     270,  271 

with  passengers    270 

Evidence,  membership  in  subversive  organizations 259 

Facsimile  signature,  use  of   108,  109 

Fact  finding  committee  on  highway  land  damages 3 

False  report  of  crime 149 

Father,  neglect  to  support  children,  penalty 393 

Federal   old   age   and    survivors'    insurance,    sec    Retirement    system 
correlated  with  OAST. 

Fertilizer,  analysis     65,  66 

assessment,  basis     68 

commercial  value  6S 

seizure  for  non-payment   67,  68 

commissioner  of  agriculture,  administration  of  act    63 

publications  by   69 

rules  and  regulations   69 


816                                        Index  [1955 

Page 

Fertilizer,  definition 63,  64 

exchanges  between  manufacturers   71 

false  or  misleading  statements  68 

inspection     65,  66 

labeling    65 

minimum  plant  food  content  68 

plant  food  deficiency   66,  67 

registration,  cancellation     69 

requirement     61 

sales,  statement  of  68 

seizure    70 

short  weight 69 

stop  sale  orders  70 

violators     70 

Field  trials,  coon  dogs,  fee 101,  102 

Financial  responsibility,  see  Aircraft  financial  responsibility. 

Fines  and  forfeitures,  disposition  of   153 

Fire  alarms,  see  Telephone  party  lines. 

control,  board,  appropriation    625,  691 

explosives,  regulations  on   272,  273,  274 

Firemens'  retirement  system,  appropriation     634,  699 

ordinary  disability,  length  of  service  .  .  146,  147 

retirement 145 

Fires,  see  Forest  fires. 

First   Unitarian   Congregational    Society   of   Nashua,    investment   of 

trust  funds  742 

Fish  and  game,  bear,  damage  by 528 

report  of  killing   354 

brook  trout,  sale  of  44,  45 

chukar  partridge,  sale  of 116,  117 

clams,  licenses     503 

revocation     502 

penalties    501 

permits    503 

taking    501,  502 

violations,  penalties  501 

commission,   membership    376,  2>77 

crabs,  licenses,  revocation 502 

damages  for  injuries  to  crops  forfeiture  by  posting 

land    240 

deer,  division  of  state,  marking  highways   399 

hunting  season  395 

taking  by  bow  and  arrow,  special  license 178,  179 

department,  appropriation    635,  701 

purchase  of  boat,  appropriation   721 

dogs,  field  trials,  coon  dogs,  fee 101,  102 

elk,  destruction  of   52 

fishing,  reclaimed  trout  ponds,  prohibited  devices  ....  140 


1955]                                     Index  817 

Page 

Fish  and  game,  fishing  Hcense,  non-residents,  fees 527 

fifteen-day  hcense    ....  527 

hcenses,  description     35,  36 

exchange  students    711 

regulations,   hearings     43 

game  animals,  penalty   80 

horned  pout,  bag  limit   137,  138 

sale  of    424 

hunting  accidents,   report   of    85,  86 

illegal  night   79 

licenses,  description  35,  36 

non-resident,  small  game 139 

prohibited   equipment    78 

season,  mink    85 

muskrat    85 

otter    85,  126 

skunk 85 

license,  revocation   79 

licenses,  honorary     50 

members  of  armed  services,  non-residents  .  . .  136 

residents 136 

preparation     424 

unused  forms    ' 424 

lobster  meat  503 

lobsters,  licenses,  revocation  503 

taking  502 

prohibited  methods   528 

muskrat,   trapping   restricted    176 

oysters,  licenses,   minors    501 

limit  500 

penalties    501 

taking  of 500 

pheasant,  sale  of 116,  117 

porcupine,  damage  to  crops  357 

prohibited  equipment  79 

salt  water  fish,  penalties  501 

snipe,    season    42 

woodcock,  season  42 

Fishing  licenses,  description  35,  36 

Fitzwilliam,  road  in,  appropriation  725 

Flags,  see  State  flag. 

Flood  control,  reimbursement  to  towns  for  land  taken,  authorized  ...  515 

funds   516 

Flour  and  bread,  enrichment,  exception 224 

Forest  conservation  and  taxation,  appeal  and  assessment,  appeal  board  446 

procedure  . .  447 
bond  and  retirement  tax,  disposition 

of    ..  449 

rate    445 


818 


Index 


[1955 


Page 

Forest  conservation  and  taxation,  collection 446 

definitions   443 

doomage    448 

exemptions   445 

forest  aid,  adjusted  base  451 

base  45l 

computation  of  45 1 

excessive  yield  tax  ....  454 

fund    450 

heavil}'    timbered   towns  452 

payment   450 

unincorporated  towns  .  .  453 

unorganized  places   ....  453 

loss  of  revenue,  appropriation   ....  573 

bonds  authorized  .  573 

fund  created    ....      573,  574 

normal    yield     tax,   disposition    of, 

towns,  cities  449 
imorganized 

places  .  449 

rate   445 

notice  of  cutting 447 

»     reports  448 

state  tax  commission   454 

takes  effect    454 

fire  bills,  payment  by  state    268,  506 

recovery  by  state  268 

reimbursement  of  municipalities   269 

trails    219 

wardens,  deputy    218,  219 

fires,  expenses,  apportionment 505 

Forestry  and  recreation,  Hampton  Beach,  regulation  of  parking  ....  331 

recreation  deputy  director  522 

see  also  Recreation. 

division,   appropriation    586,  653 

Forests,   closing  by   governor    219 

Foster  children,  tuition,  see  School  districts. 

Franklin  Veterans'  Home  Association,  tax  exemption  783 

Fuel,  motor  boat,  reports  of  sales 278 

Fur  bearing  animals,  beaver,  see  Beaver. 

Gale  Home  for  Aged  and  Destitute  Women,  property  authorized  ....  738 

Game  animals,  penalties 80 

Gaudreau,  Fernand  J.,  in  favor  of  729 

General  court,  see  Legislature. 

Glidden,  Augustus,  in  favor  of  717 

Goflfstown  Village  Precinct,  borrowing    764 

proceedings  legalized    765 


1955]  Index  819 

Page 
Goshen  -  Lempster  cooperative  school  district,   capital  reserve   fund, 

use  of   562 

debt  limit  computation  454 

Governor,  civil  defense  powers  326 

Lafayette  Day,  observance   170 

Governor  John  Wentworth  Highway,  named  181 

Grafton  county,  commissioner  districts  392 

Granite  State  Building  and  Loan  Association,  named  changed  769 

Cooperative  Bank,  named  769 

Grossly  careless  operating,  see  Motor  vehicles. 
Group  life  insurance,  see  Insurance. 

Hairdressers,  board,  appropriation  597,  663 

Hampton  Beach,  comfort  station,  appropriation    398 

construction    397 

parking  areas,   regulation  of    331 

Boars  Head,  shore  protection 396 

contracts   for  construction    396 

harbor,  dredging 396 

Hancock,  town  of,  water  works,  bonded  indebtedness  739 

Hangers,  airplane,  see  Liens. 

Hawkers  and  peddlers,  local  licenses,  fees    264 

issuance 263 

state  licenses,  issuance    264 

revocation    265,  265 

Head  tax,  abatements     60 

collection    58 

exemptions    61 

extents    60 

final  payment    59 

husband  liable    59 

levied    58 

liability  of  husband 59 

payment  required  before  issuance  of  license  49,  61,  169 

to  state 59 

penalty    59 

resident  defined   58 

supplementary  bond    60 

supplies,  etc 60 

time  of  payment   58 

Health  and  accident  insurance,  see  Insurance. 

department,  diagnostic   laboratories,    transfer    461 

see  also  Public  health. 

Henri  A.  Burque  Drive,  named 57 

High  schools,  see  School  districts. 

Highway,  appropriations    266 

accountability  of  funds   266,  267 

use  of  funds   266 

improvement,    appropriation    427 


820  Index  [1955 

Page 

Highways,  aid  for  town  highways,  apportionment     553,  554 

assessment  of  damages,  appeal  by  owner    2 

state  1 

deposit  in  court   1 

review  by  governor  and  council  1 

tender   1 

class  I,  II  and  III,  regulation  of 554 

V,  maintenance  and  allotment  506 

VI,  compact  section  highways,  costs  of  552 

classification   of    552 

construction,   drinking  water,  limitation   371 

reconstruction  betterments,  appropriation  .  .  266 

discontinuance,  notice   required   141 

fact  finding  committee   3 

government  owned  land  H*^ 

historic  incidents,  board  created   284 

expenditures   284 

marking  historic  incidents   283 

layout  commission,  records  2 

notice  of  hearing  2,  74 

owner,  mortgagor  included   73 

limited  access,  layout   460 

pedestrians,  walking  on  463 

town,  change  in  grade   242 

underpasses  and  overpasses,  study  of  220 

Hill,  Eugene,  estate  of   712 

Hillsborough  county,  commissioners,  districts     518 

election     518 

eligibility    519 

salaries  399 

Hilton  Park,  public  works  and  highways  to  administer   642 

Historic  marks,  see  Plighways,  historic. 
Horned  pout,  see  Fish  and  game. 

Horse  racing,  pari-mutuel  pools,  tax  94,  95 

Hospitals,  liens,  duration     423 

index    423 

notice     422 

House  of  correction,  transfer  of  prisoners  41 

trailers,  see  Liens. 

see  Taxation. 

Hudson,  town  of,  borrowing   ''^ 

proceedings  legalized    735 

Hunting  accidents,  see  Fish  and  game. 

illegal  night,  revocation  of  license  79 

licenses,  see  Fish  and  game. 

prohibited  equipment   78 

Hurlburt,  Harry  L.,  in  favor  of 729 

Husband,  neglect  to  support  wife,  penalty 393 


1955]                                     Index  82i 

T      u  Page 

ice  boxes,  abandoned,  removal  of  doors  233 

Immunity  statute   eg? 

Incompatible  offices,  sec  Elections. 

Industrial  development  authority,  biennial   report    385 

board  of  directors,  appointment    .  .  380 

removal    380 

vacancies    380 

bonds,  guaranty    385 

issuance    383 

established 38o 

interim   certificate    385 

local  developments,  aid  to  383 

powers  of  authority   380 

projects,  hearing    382 

school,  appropriation   5Q8   57  < 

capital  improvements   5^7 

Inheritance  tax,  gifts  and  transfers,  reports  of   I47 

rebuttable  presumption   24g 

Insane  prisoners,  see  Criminal  law. 

Insurance  companies,  value  of  stock 12 

department,  appropriation    598   664 

destruction  of  (records)   53 

group  life,  additional  class   102 

credit  unions   279   280 

health  and  accident,  exceptions 171 

life,  group  policy,  minimum  number  467 

motor  vehicles,  financial  responsibility,  see  Motor  vehicles. 

Inter  Lakes  school  district  No.  3,  proceedings  legalized  775 

Interstate  bridge    authority,    see    Maine-New    Hampshire    Interstate 
Bridge  Authority. 

compact  on  juveniles,  authorization   I53 

cooperative  supervision    155 

counsel,  fees    I55 

definitions     I54 

detention  procedures  162 

escapees,  return  of  156 

execution  of    163 

federal  aid  I63 

financial  arrangements   165 

findings  and  purpose  154 

juvenile  compact  administrator   ....  164 

delinquent,  defined 165 

renunciation  I63 

runaways,  return  of    158 

severability     I54 

supplementary  agreements    162,  164 

voluntary  return  procedure 161 

cooperation,  commissioners  on  compensation   466 


822                                          Index  [1955 

Page 

Jaffrey,  town  of,  sewerage  system,  study  of   736 

Judicial  council,  study  of  municipal  courts  562,  563 

Junk  yards,  motor  vehicle  418,  419 

Juveniles,  see  Interstate  compact  on  juveniles. 

Keene,  city  of,  election  legalized   803 

nominations  and  elections    801-803 

officials,  present  incumbents  803 

terms  of  office  803 

teachers  college,  dormitory,  appropriation     22 

borrowing  power  23 

short  term  notes    23 

Kings  highway,  reclassified    38 

transfer  of  funds    39 

Kingston  State  Park,  Kingston  residents,  use  of  376 

Knife,  carrying  of 465 

Korean  conflict,  bonus,  bonds  and  notes   441,  442 

payment   440 

Labor,  controversies,  application  by  agent 96 

department,  appropriation    598,  655 

boards  of  arbitration,  compensation   526 

commercial  establishments,  regulation  of    459 

construction  contracts,  appeals,  procedure   524 

deputy  commissioner    525 

union  contracts,  towns   386 

Laconia,  city  of,  board  of  fire  commissioners 773-777 

public  works,  board  of   797 

state  school,  appropriation    610,  676 

capital  improvements   568 

committals  512 

defective  delinquents,  maintenance     512 

transfer  512,  513 

deputy  superintendent    511 

discharge  of  inmates   514 

escapes   514 

municipal  court,  committals 513 

non-residents     ^11 

placements  of  inmates   514 

state  charges    511 

superintendent    510 

superior   court,   committals  by    513 

trustees,  powers    510 

Lafayette  Day,  proclamation 170 

Lake  Winnipesaukee,  recreational  study,  appropriation  530 

bonds   530 

commission,  compensation    .  530 

established    . . .  529 

toll  road,  study  of  734 


1955]                                     Index  823 

Page 

Landsdowne,  Ada  T.,  in  favor  of  718 

Larceny,  penalties 254 

Laws  of  1955,  house  bill  75,  not  included    347 

see  also  Session  laws,  amended. 

session,  printing  and  distribution  of   9 

see  also  Session  laws,  amended. 

Lee  school  district,  use  of  funds 783 

Legislative  attaches,  additional  compensation   566 

budget  assistant,  salary 576,  644 

council,  research  analyst,  appropriation    576,  644 

duties    643 

towns  and  school  districts,  study  of   713 

Legislature,  employees,  compensation   458,  566 

mileage  allowance  175,  537 

members,   special  mileage  230 

officers,  mileage   537 

special  session,  compensation    4 

mileage    4 

travel,  computation   of   distance    341 

rates     340,  341 

Libraries,  public,  emploj'ees,  removal  of   32 

Liens,  hangar    297 

hospitals 423 

house  trailers  297 

Lights,  dimming  of,  by  motor  vehicles  463 

Limitation  of  actions,  skiing  injuries  331,  332 

Liquor,  beverages  defined  325 

commission,  appropriation  628,  694 

licenses,  clubs,  transfer  of  location  375 

sales,  hotels  and  clubs,  discount 442 

Litchfield  school  district,  borrowing    763 

proceedings  legalized  800 

Littleton,  town  of.  Hen    780 

park  commissioners   778 

proceedings  legalized  747 

referendum    780 

sewers,  construction   779 

sidewalks,  construction   779 

superintendent  of  public  works   778 

village  district,  charter    repealed    778 

powers   transferred   778 

Lobster,  licenses,  revocation    502 

meat 503 

Lobsters,  taking  502,  528 

Lyndeborough  school  district,  proceedings  legalized 757 

Maine-New  Hampshire  boundary   line,    see   New    Hampshire-Maine 
boundary  line. 
Interstate    Bridge    Authority,    compensation 

of  members  149 


824                                        Index  [1955 

Page 

Manchester,  city  of,  borrowing     766,  767 

employees,  vacations  796 

Marcotte,  Alfred  J.,  in  favor  of  720 

Margerine,  see  Oleomargerine. 

Marine  memorial,  appropriation    577 

Marquis,  Eleanor,  in  favor  of   72S 

Marriage,  annulment,  temporary  orders   394 

Massabesic  lake  region,  study  of  722 

Medical  examiners,  appropriation     597,  664 

hearings    243,  244 

subpoenas   243,  244 

witnesses,  fees    244 

licenses,  suspension  and  revocation  91 

referees,  fees    16o 

Medicine,  practice  of,  licensee  committed  to  state  hospital 391 

Mental  health,  commission,  in-patient  clinic   533 

hygiene  and  child  guidance,  appropriation  634,  700 

clinic,  appropriation   extended    532 

Winant  property,  disposition  of   532 

Meredith  school  district,  proceedings  legalized  775 

town  of,  proceedings  legalized   775 

sewer  bonds 774 

^Merrimack,  change  in  classification  of  highway   22 

county,  employees,  discharge  of    733 

Village   District,    water    works,   indebtedness   authorized  523 
Methodist  Church,  sec  New   Hampshire   Conference    Preachers  Aid 

Society  of  the  Methodist  Church. 
Mileage,  legislative,  see  Legislature. 

Milk,  bulk  tank  collector  trucks,  permit  required   115 

receiving  stations,  defined  115 

weigliers  and  samplers,  fees  116 

license    115 

Minimum  wage  law 455 

Mink,  season  85 

Mortgages,  real  estate,  subsequent  advances  84 

Mother,  neglect  to  support  child  393 

Motor  boat  fuel,  reports  of  sales    278 

boats,  state  parks,  regulation  of   289,  290 

transfer  of  registration 233 

vehicle  department,   appropriation     638,  703 

junk  yards    418,  419 

vehicles,  agricultural  trucks,  registration  of   217 

dimming  lights    463 

drivers  license;  poll  tax   49 

schools,  definitions     293,  294 

licensing  of,  denial  of  license 294 

fee  294 

hearing  296 

renewal    294 


1955]                                     Index  825 

Page 

Motor  vehicles,  drivers  schools,  licensing  of,  revocation    296 

penalties    296,  297 

records 296 

rules  and  regulations    295 

emergenc}-,  flashing  red  light   326 

fees,  expenditures  authorized   641,  706 

financial  responsibility,  amount  of  proof  required  .  .  98 

determination   of   commissioner,   reversal  .  .  239 

j  udgments,  sufficient  payment    97,  98 

liability  policy,  increase  96,  97 

notice  of  unsatisfied    judgment,    suspension  121,  122 

procedure  after  accident,  liability  bond  ....  122,  123 

required   provisions,   liability  bonds   123,  124 

suspension  of  license  and  registration,  non- 
residents ....  99 
waiver  of, 

authorized  .  .  98,  99 

reciprocity  .  .  98,  99 

fines  and  forfeitures,  disposition  of   153 

grossly  careless  operation   142 

highways  on  government  owned  land  119 

house  trailers,  see  Liens. 

intoxication,  penalties    433 

licenses,  re-examination    462 

revocation  of 143 

surrender  of    215 

suspension  of    143 

number  plates,  surrender  of   215 

reckless  operating  142 

registration,  surrender  of  215 

school  buses,  operators,  certification  of  fitness 289 

semi-trailers,  break-away  chains   463 

signals,  device  required 71 

special  plates   40 

members  of  general  court,  spouses  of 216 

speed,  minimum  152 

trailers,  break-away  chains  463 

transportation  of  hay,  binder  ropes   166 

wood  products,  binder  chains 165 

trucks,  buses,  trailers,  flaps  required   144 

weight  limit,  defined   343,  504 

yield  right  of  way  signs,  description    257 

regulations 256,  257 

Mount  Washington  survey,  appropriation 571 

Municipal  audits,  publication  of  reports    263 

court,  appeals,  forfeiture  of   523 

assignment  of  counsel,  fees  324,  325 

fines  and  forfeitures,  disposition  of   153 

justices,  salaries   426,  464 


826  Index  [1955 

Page 

Municipal  court,  Keene,  salary  of  justice  261 

Portsmouth    175 

special  justices,  salaries   379 

study  of    562,  563 

see  also  Small  claims. 

finance,  counties,  debt   limit   533 

debt  limit,  computation   534 

municipalities,  debt  limit   533 

net  indebtedness,  defined 536 

school  district  borrowing,  investigation  534-536 

districts,  emergency  bonds  24 

Muskrat,  season   85 

Narcotics,  minors,  sale  to   369 

Nashua,  city  of,  capital  reserve  fund  772 

National  guard,  civilian  employees,  social  security   120,  121 

courts  martial,  special    90 

summary    90 

pay  170 

Negotiable  instruments,  facsimile  signature,  use  of  108 

New  England  higher  education  compact,  appropriation  352 

election  of  officers  348 

employment  of  personnel  . .  348 

executive  secretary   348 

funds   350 

New    Hampshire    members  352 

operative  date  348 

powers  and  duties  of  board  349 

purpose   347 

receipt  of  gifts 350 

withdrawal   from    351 

Hampshire  Conference  Preachers  Aid  Society  of  the  Metho- 
dist Church,  property  authorized 740 

council  of  research   and    development,    Massabesic 

lake,  study  of   722 

-Maine  boundary  line,  appropriation     54 

limitation    54' 

notice  54 

perambulation    54 

shore  and  beach  preservation  commission,   trans- 
fer of  functions  376 

State     Commission     on     Educational     Television, 

study  continued 118,  119 

state  flag,  regulations   493 

Veterans  Association,  appropriation     726 

property  increased  777 

Newbury,  town  of,  election  legalized 738 

Newport  municipal  court,  salary    464 

town  of,  borrowing     753 

election  legalized  737 


1955]                                      Index  827 

Page 

Northeastern  forest  fire  commission,  commissioners 333 

North  Walpole  village  district,  meeting  legalized 744 

Nurses,  compensation  of  board  494,  495 

fees    496 

permits,  biennial 496 

persons  from  other  states,  registration  495 

practical,  biennial    permits     292 

false  applications     293 

use  of  title    293 

fees   292 

public  health,  biennial  permit   497 

registration     495 

Old  Homestead  highway,  named 397 

Oleomargerine,  colored,   serving    225 

standard  of  identit\- 225 

Omnibus  bill   6,  7,  731 

Optometry,  board  of,  appropriation   606,  672 

Orthodox  parishes,  sec  Voluntarj-  corporations. 

Otter,  season  85,  126 

Outboard  motors,  transfer  of  registration  233 

Oyster  River  cooperative  school  district,  organization  legalized 741 

Oysters,  licenses,  minors  501 

limit    500 

penalties     501 

taking  of     500 

Pandering,  penalty    253 

Partition  of  real  estate,  sec  Real  estate. 

Partnerships,  fraudulent  registration     438 

name    435 

registration    436 

fees  76,  437 

re-registration   437 

withdrawal  of  partner   435,  436 

Partridge,  chukar,  sale  of 116,  117 

Pedestrians,  walking  on  highways   463 

Pelham  school  district,  proceedings  legalized  757 

Pemigewasset  River,  classification  of   120 

Pennichuck  brook,  classification  of   38 

Peterborough  home  for  the  aged,  merger     77 1 

powers     771 

Pharmacy  commission,    appropriation    597,  664 

permit  fee     367 

re-registration    fees    367 

Pheasant,  sale  of  1 16,  117 

Pierce,  Harry,  in  favor  of  720 

Pillsbury  state  park,  motor  boats  on  289,  290 

Pistol  cane,  carrying   465 


828                                        Index  [1955 

Page 

Pitman,  Merle,  in  favor  of 710 

Plainfield  school  district,  proceedings  legalized  781 

Pittsburg,   taxation   531 

Planning  and  development  commission,    appropriation    629,  695,  708 

geophysical  survey,  appropriation 722 

Port    of    Portsmouth,    appropriation    ex- 
tended      250,  251 

commissions,     regional,    see    Regional     planning     commis- 
sions. 

Plant  and  seed  certification,  acceptance    Ill 

application    for  inspection    110,  111 

definitions    110 

penalties     Ill 

prohibitions     Ill 

rules  and  regulations    Ill 

Plymouth  Guaranty  Savings  Bank,  property,  holding  of   764 

Village  fire  district,  zoning  regulations,  authorized 753 

Poisons,  economic,  disposition  of  fees   368 

Policemen's  retirement  system,  appropriation 634,  699 

Political  campaigns,  see  Campaign  receipts. 

parties,  state  committee,  officers  ex-officio  members 47 

Poll  tax,  ICorean  veterans,  exemption   28 

payment  required  before  issuance  of  license   49,  61,  169 

Porcupines,  see  Fish  and  game. 

Port  of  Portsmouth,  appropriation  extended  250,  251 

Portsmouth,  city  of,  audit  of  accounts    743 

bond  proceeds,  investment  758 

dual  office  holding 759 

registrars,  compensation    760 

meetings    761 

trust  funds,  trustees  796,  797 

trustees  of  trust  funds,  salaries  of  760 

Posted  land,  see  Trespass. 

Primary  election,  see  Elections,  primarj'. 

Prison  industries,  appropriation  612,  678 

Probate  court,  administrator's   bond    55,  56 

appropriation    578,  646 

see  also  Decedent's  estates. 

executor's  bond   55,  56 

public  trustees,  appointment 262 

collective  investments    262 

see  also  Real  estate,  partition  of. 

sessions,  Hillsborough  county  226 

special  sessions,  expense  215 

trustees  of  estates,  bonds    34 

Probation,  board  of,  appropriation    626,  691 

Protestant    Episcopal    Church,  see  Trustees    of    Protestant    Church. 

Prostitution,  penalty  253 


1955]                                     Index  829 

Page 

Public  buildings,  construction  building  standards    275 

exceptions    275 

permit  required 275 

state  buildings,  inspection  of   275,  276 

construction  contracts,  appeal  board,   incapacit}'   524 

appeals,  procedure   524,  525 

health,  appropriation  for  department    589,  656 

diagnostic  laboratories  461 

Salk  polio  vaccine,  appropriation  714 

libraries,  see  Libraries, 
trustees,  see  Probate  court. 

utilities  commission,  appropriation     630,  695 

expenses  of  operation,    .ascertainment..  287 

assessment    against    utilities  287 

certification    of    assessment  287,  288 

collection     288 

motor  boats   233 

outboard  motors  233 

procurement  of  power,  authority  granted  356 

transportation  of  explosives,  regulations  270,  271 

extension  of  business,  foreign  corporations,  exceptions  137 

new  business,  foreign  corporations,  exceptions  137 

waters,  refuse  and  rubbish,  penalty 244 

see  Waters. 

welfare,  appropriation    599,  666 

works  and  highways,   apportionment  of  aid   553,  554 

appropriation    427,  639,  704 

class  I,  II  and  III,  regulation 554 

V,  maintenance  and  allotment  .  .  506 

VI  highways,  costs  of 552 

classification  of  highways  552 

commissioner,  authority  to  accept  gifts  46 

erosion   study   397 

drive-in   theatres   177 

federal  aid,  expenditure  641,  706 

Fitzwilliam  road,  appropriation    725 

garage  revenue,  expenditure    641,  706 

Hilton  Park,   administration  of    642 

limited  access  highways,  layout  460 

public  works  division,  appropriation  .  .  635,  700 

records  required    575 

road  toll  receipts,  expenditures  author- 
ized      641,  706 

roadside  advertising,  restriction    178 

state  reservations,  roads,  appropriation  725 

Purchase  and  property,  non-competitive  purchases  284,  285,  286 

perpetual  inventory  86,  87 

transfer  of  supplies  86,  87 


830                                        Index  [1955 

Page 

Racing  commission,   appropriation   631,  696 

Railroad  corporations,  see  Corporations,  business, 
taxation  of,  see  Taxation. 

underpasses  and  overpasses,  study  of  220 

Real  estate,  mortgage,  see  Mortgages. 

partition  of,  non-resident  owners  222,  223 

taxes,  veterans  service  exemption    434 

Reckless  driving,  see  Motor  vehicles. 

Records,    business,    see    Uniform    preservation    of    private    business 
records. 

Recreation  division,  appropriation     604,  670 

capital  improvements 570 

insurance  premium,  appropriation   733 

see  also  Forestry  and  recreation. 

Reed,  Austin  H.,  in  favor  of  721 

Referees  and  masters,  appropriation  578,  646 

Refrigerators,  abandoned,  removal  of  doors  233 

Regional  planning  commissions,  by-laws    405 

finances   405,  406 

formation  of    403 

local  planning  boards  406 

municipalities,  assistance  to   406 

officers  405 

organization  405 

powers  and  duties   404 

purposes  of   403 

workable  program,  preparation   ....  407 

Register  of  deeds,  list  of  conveyances  to  selectmen   107 

Registered  mail    368 

Religious  corporation,  see  Voluntary  corporation. 

Retirement  system  correlated  with    OASI,  accidental  death,   benefits  480 

computation    480 

administration,  cost  of   550 

agency,  designation  of   490 

appropriation  476,  49l 

bonds,  eflfect  on    490 

death  benefits,  accidental  480 

deduction  from  wages  549 

disability     retirement     benefits,     com- 
putation of  479 

employee  contribution,    computation  .  .  549 
old    age   and    survivors'   in- 
surance      473 

past  contributions   486 

retroactive  coverage    473 

state  retirement  system   ....  481 

employment,  defined    468 

existing  benefits,  non-impairment  of  .  .  468 


1955]                                     Index  831 

o    .  Page 
Ketirement  system  correlated,  federal     insurance     contributions     act, 

defined  548 

security    administrator,     title 

changed   550 

limitation  on  membership    486 

modified  plan,  effective  date  of 469,  470 

system,  accidental  death  bene- 
fits      480 

disability.  .  480 
accrued  liability  con- 
tribution      484 

authorization    472 

disability      retirement 

benefits    479 

employees      contribu- 
tions    483 

state    retirement    sys- 
tem    481 

initial  financing    474 

limitation  on  membership  . .  .  486 

necessary  steps  488 

political   subdivisions, 

employees  share   476 

subdivisions  share    475 

retroactive    coverage,    employee    share  473 

financing    472 

service  benefits,  computation  of 47S 

state  system,  rate    485 

total  amount  payable 485 

notes,  effect  on  •. 490 

past  contributions,  refunds 486 

policy,  declaration  of  467 

political  subdivisions,  accrued    liability    487 

contributions  490 

employee  contributions  ....  476 

limitation     487 

modification,    financing    . .  .      475,  476 

notice  to  trustees 489 

referenda  470,  47l 

revocation  of  election    550,  551 

prior  election  489 

supervisory  unions    469 

referenda,  agency  to  administer  471 

certification  of  result    471 

order  of  471 

state  employees   470   471 

refund  of  past  contributions   486 

retired  members,  effect  on  490 

secretary  of  health,  education  and  welfare 548 

service  retirement  benefits,  computation  478 


832                                        Index  [1955 

Page 

Retirement  system,  state  payments,  biennial    474 

computation    548,  549 

certification  to  comptroller 473 

retroactive  coverage   472 

supervisory  unions   469 

trustees,  powers  continue  490 

Revised  Laws,  amended,  repealed,  suspended,  etc. 

chapter       1,  s.     1,  jurisdiction  ceded   333,  334 

4,  s.    4,  flood  control    515 

^.    6,  funds    516 

5,  transfer  of    function    376 

7,  new  s.  32a,  registered   mail    368 

7-A,  s.  4,   appropriations,    commission    on    uniform 

laws    46 

9,  s.  15,  travel   340,  341 

s.  16,  computation  of  distance  341 

new  J.  16-a,  special  mileage  allowances  230,  231 

s.  17,  legislative  officers  and  employees   174,  175,  537 

s.  18,  clerks  563 

s.  20,  assistant  clerks   563 

s.  23,  attaches  458,  563 

new  s.  25-a,  research  analyst 643 

9-A,  new  .y.  7,  compensation   and  mileage   4 

10,  s.     1,  session  laws 9-10 

new  .s'.  2-a,    advance    sheets,    printing    and    dis- 
tribution      36,  37 

13,  J.  2-a,  state  flag  493 

14- A,  s,  5,  para   (e)   state  purchases    285,  286 

s.  6,  non-competitive  purchases  284,  285 

15,  new  .y.  59a,  library  employees;  removal 32 

17,  new  s.    2-c,  directors ;  state  hospital  226-227 

s.  18,  state  hospital  517 

21,  new  i\     3-a,  facsimile  seal   45 

22,  s.    6,  deposits   374,  375 

new  .V.     6-a,  state  treasurer 108,  109 

new  s.  42,  reports    278 

23,  s.    4,  appropriation   575 

23-A,  .r.  12-a,  audit 424,  607,  674 

s.  17,  paragraphs    XI  and    XTI,    state    inventory 

records    86,  87 

24,  s.  20,  salaries    372,  373 

27,  s.  43-b,  funds  extended   251 

new  J.  49,  facsimile  signature  45 

27-A,  s.     1,  new  XXII,    retirement    477 

new  XXIII,    definition    477 

s.    3.  new  VII  employees   477 

s.     5,  II,  benefits    478 

s.    6,  II,  disability   479 

IV,  accidental    480 


1955]                                     Index  833 

Page 
Revised  Laws,  amended,  repealed,  suspended,  etc. 

chapter    27-A,  .y.     8,  death  from  accident   480 

s.  13,  I   (a),  contribution     481 

(c) ,  allowance     483 

III   (c),  accrued  liability    484 

(d),  rate 484,    485 

(e) ,  total   amount    485 

s.  17,  limitation      486 

new  s.  19,  past  contributions  486 

32,  s.  16,  conclusiveness  of  list 282,  283 

33,  s.  46-a,  write-in  votes 10 

s.  50,  plurality    138 

new  s.  50-a,  primary  election  138 

s.  60,  party  organization   47 

34,  s.  61,  II,  III,  absentee  voting    498 

s.  63,  ballots    499 

^.  75,  penalties    499 

new  chapter    42,  election  expenditures  407 

45,  s.     1,  county    officers    392,  518 

new  s.  1-a,  Grafton  county  392 

s.    2,  eligibility  392,  393,  519 

new  s.  2-a,    Hillsborough    518 

s.  15,  commissioner   519 

47,  s.  27,  commissioners    373,  374,  399,  400 

48,  new  s.  2-a,  county  treasurer  109 

^.  13,  salaries    250,  373 

49,  s.  12,  list  of  conveyances  for  tax  purposes   107,  108 

51,  J.     3,  labor  union  contracts 386,  387 

s.  78,  I  and  II,  definitions   75 

s.  81,  I,  zoning  regulations  75,  76 

s.  89,  solicitations    401 

J.  95,  standard  time 5 

53,  s.  37,  regional  planning   403 

.y.  38,  formation  of  commission 403,  404 

new  .y.  39,  powers  and  duties  404,  405 

new  s.  40,  offices   405 

new  s.  41,  finances    405 

new  s.  42,  local  boards    406 

new  s.  43,  assistance     406,  407 

new  s.  44,  program     407 

59,  i-,  19,  report  to  tax  commission    230 

65,  new  s.  15-a,  city  treasurer 109 

66,  ^.     3,  city  officials  31 

72,  s.     1,  definition  536 

s.     4,  municipal  finance   533 

new  s.  4-a,  debt  limit  534 

b,  debt  limit  534 

c,  board    534 

d,  term  of  office   535 


834                                          Index  [1955 

Page 

Revised  Laws,  amended,  repealed,  suspended,  etc. 

chapter     12,  new  s.    4-a,  e,  exceeding  limit 535 

f ,  meetings    535 

g,  findings     536 

IZ,  new  s.     1-a,  Korean  conflict  veterans  28 

new  s.  22-a,  house  trailers   180 

s.  24,  institutional  exemptions    231 

s.  29,  service  exemption    456 

,9.  29-a,  fractional   interest    457 

J.  29-b,  limitations     457 

J.  29-f,  disabled  veterans    434 

s.  29-g,  residence    457,  458 

74,  new  .y.  16-a,  personal  property  on  land  of  another  148 

n ,  new  j-.     8,  jeopardy   assessment    141,  142 

new  s.  13-a,  abatement 237 

s.  14,  by  court    237,  238 

78,  s.     1,  tax  rate  504 

new  J^  24-a,  lien  for  taxes  24 

79,  s.     5,  tax  imposed  387 

new  s.     5-a,  nature  of  tax   388 

79-A,  new  chapter,  forest  conservation  443-454,  573 

81,  s.     1,  appraisal 334 

J.     2,  annual  assessment    334,  335 

s.     3,  collection     335 

s.    4,  sale  of  real  estate    335 

J.     5,  abatement  of  taxes  335 

82,  ^.  13,  reassessment  procedures    465 

new  s.  27-a,  publication  of  audit  263 

new  s.  29,  assistance  to  municipalities 371 

83,  s.     6,  railroad  taxation    336 

87,  new  .V.     1-a,  rebuttable ;    presumption    148 

ss.  3,  4,  application  521 

s.  15-a,  report  of  gifts  and  transfers  147,  148 

88,  .y.     1,  estate  taxes   91,  92 

90,  part,     1,  s.    4,  classification     552 

part    2,  ^.     7,  highways    551,  552 

part    4,  s.     3,  owners    73,  74 

s.     5,  notice  of  hearing    2,  74 

s.  17,  appeal  of  assessment 2 

new  s.  17-a,  appeal  by  state  1 

new  s.  17-b,  keeping  of   records   2 

part    5,  s.     3,  owners    74 

part     7,  s.     2,  limited  access  highways    460 

part    9,  new  j.  1-a,  notice  required  140,  141 

part  13,  application   72 

s.    2,  aid     553 

.V.  10,  highways    506 

part  16,  .S-.  22,  town  highways   242 

part  19,  .y.     1,  regulation    256,  257,  554 


1955]                                   Index  835 

Page 

Revised  Laws,  amended,  repealed,  suspended,  etc. 

chapter    90,  part  19,  new  j.     1-a,  yield  right-of-way 257 

new  .y.  39,  drive-in  theatres  177,  17s 

new  s.  40,  historic  markers  283 

new  s.  41,  board   2&1 

new  s.  42,  expenditures    284 

90-A,  s.  15,  new  VIII,  donations  for  highway  pur- 
poses      4(3 

s.  19,  funds    266,  267 

lis,  new  s.  16,  highways  on  government  owned  land  119 

116,  s.     3,  payment  of  poll  tax  required  49 

s.     3-a,  poll  and  head  taxes 49,  61,  169,  170 

s.     7-a,  special  number  plates   40,  41,  216 

new  jr.     9-a,  military  personnel :  exemption    ....  298 

117,  new  s.    2-b,  motor  vehicle  operators   4^2 

118,  s.     1,  IV,  agricultural  trucks   216-218 

s.  12,  reckless   operating   142 

new  s.  12-a,  grossly  careless  operation    142,  143 

s.  13,  revocation  of  license  143 

s.  14,  suspension     I43    144 

.y.  16,  intoxication    433^  434 

s.  21,  disobeying  officer  215,  216 

119,  new  s.     5-a,  trailer  chains    463 

new  s.  11-a,  motor  vehicle  I44 

s.  14-a,  operator  of  school  bus 288,  289 

new  .y.  18-b,  motor  vehicles ;  signals  71,  72 

s.  20,  emergency  vehicles    325,  326 

new  s.  22-b,  pedestrians 463 

new  s.  28-a,  dimming  lights   463 

s.  31,  minimum  speed  regulation 152 

s.  32,  repeal     152 

.y.  37,  motor  vehicle  weight  343-345 

new  XIV,  trailers  504 

new  J.  39-b,  motor  vehicle  loads  165,  166 

s.  39-c,  binder  ropes     166 

.y.  47,  II,   blasting  caps    271 

new  chapter  119-A,  motor  vehicle  drivers'  school 

s.     1,  definitions  293,  294 

s.    2,  license    294 

s.     3,  denial  of  license  394,  295 

.y.     4,  rules     295 

s.     5,  revocation   295,  296 

s.    6,  suspension     297 

.y.     7,  hearings     297 

s.    8,  records    297 

s.    9,  penalties    297,  298 

120,  s.  16,  T,   road  toll    277^  278 

122,  s.     1,  VII,  motor  vehicle  liability  policy  96,  97,  239 

VIII.  repeal  122 


836                                          Index  [1955 

Page 
Revised  Laws,  amended,  repealed,  suspended,  etc. 

chapter  122,  ^.     5,  satisfaction  of  judgment    121,  122 

IV,  procedure   122,  123 

VI,  surety    123 

J.     8,  limitations     239 

s.    9,  new  I,  waiving  requirements    98,  239 

II,   reciprocity    98,  99,  239 

J.  10,  satisfaction  of  judgments   97,  98,  239 

s.  14,  new  I,  non-residents   99,  239 

s.  16,  V,  damages    123,  124 

J.  17,  repeal     122 

s.  19,  amount  of  proof  required  98,  239 

new  chapter  129,  Laconia  state  school 510-514 

134,  J.  11,  XXIII,   suspended   625 

135,  s.  44,  payments     625,  691 

136-B,  teachers'  retirement    236,  237 

137,  s.  11,  non-residents    339 

new  s.  17-a,  definition    338,  395 

new  ^.  17-b,  right  of  attendance ;  tuition 338-339,  395 

new  .J  17-c,  procedure    339,  340,  395 

138,  s.  12,  revenue   625 

.y.  26,  tuition    241 

140,  s.    8,  policy     545 

s.    9,  state  aid   545 

s.  10,  foundation  aid    545 

J.  1 1,  allocation    546 

s.  12,  unexpended  appropriation   547 

s.  13,  valuation  547 

new  .y.  13-a,  state  board 547 

new  s.  14-a,  school  aid 564 

new  J.  14-b,  amount   564 

new  J.  14-c,  approval  of  plans    564 

new  j-.  14-d,  time     565 

new  s.  14-e,  proration    565 

^•.  15,  unorganized  places  335,336 

143,  s.  21,  governor's  staff    73 

s.  60,  national  guard  170,  171 

s.  66,  special  courts-martial   90 

s.  67,  summary  courts-martial   90 

s.  105,  armories  —  use  for  public  meetings 50 

145,  J.  10,  disposition  of  fines  and  forfeitures   152,  153 

164,  s.  12-a,  paragraph  V,  flour  and  bread  enrichment  224 

165,  s.  22,  junk  yards   418,  419 

J.  23,  prohibition    419 

J.  24,  nuisance    419 

s.  26,  public  dumping   419 

new  J.  26-a,  exemptions 420 

s.  28,  approval    420 

s.  29,  maintenance    420.  421 


1955]                                    Index  337 

o     •     J  T  Page 
Kevised  Laws,  amended,  repealed,  suspended,  etc. 

chapter  165,  j.  30,  closure    42^ 

new  j'.  30-a,  health  hazards   421 

s.  31,  control  measures  42Q 

new  s.  37,  abandoned  refrigerators:  negligence..  233 

166,  new  jr.  36,  highway  construction  371 

166- A,  classification  of  waters 37^  38,  242,  243,  353,  354 

s.     2,  I,  water  pollution  commission   125    126 

s.    3,  new  VI,  water  pollution  HO 

new  s.    4-b,  tax  exemption    281 

new  s.     4-c,  review   281 

168,  s.  46,  death  certificates 124    125 

s.  54,  burial  permits   124 

170,  s.     1,  II,  beverage  325 

new  J-.  14-a,  discount  on  sales   443 

new  s.  24-a,  liquor  licenses 375 

new  s.  30-a,  cider,  sale  of   257   258 

171,  s.  15,  pari-mutuel  pools   94 

s.  16,  tax    94   95 

175-A,  s.  1,  new  VII,  definition  271 

J.     4,  board  of  fire  control  271    272 

s.     5,  rules  and  regulations    272   273 

J.  12,  I,  buildings  and  premises 274   275 

177,  s.     1,  repealed     269 

J.     2,  repealed 269 

J".     3,  repealed 269 

s.     4,  repealed 269 

s.    5,  repealed ' 269 

s.    6,  repealed 269 

.?.     7,  repealed 269 

s.     8,  repealed 269 

s.     9,  possession  of  explosives  269   270 

s.  10,  repealed     269 

s.  11,  with  passengers    270 

s.  12,  regulations    270,  271 

s.  13,  repealed     269 

.y.  14,  repealed     269 

180,  s.     1,  damage  by  bear  528 

new  s.     1-a,  report  necessary  354 

s.    2,  porcupines    357 

^-.     9-a,  seeing  eye  dogs  —  exemption   from   fees  30 

.y.   I7-a,  cropping  of  dog's  ears    172 

s.  17-b,  possession  of  cropped  dog    172 

new  s.  22-a,  title  to  unlicensed  dogs 112 

s.  33,  restraining  dogs   150 

new  s.  33-a,  hearing   150 

181,  J-.  15,  motor  boats   233 

s.  16,  penalty     233,  234 


838                                        Index  [1955 

Page 
Revised  Laws,  amended,  repealed,  suspended,  etc. 

chapter  186,  .v.     1,  partnerships    435 

^•.     2,  withdrawal  of   partner   435 

J.     3,  evidence    436 

J-.    4,  nonjoinder    436 

s.     5,  registration     76,  436 

new  s.  5-a,  reregistration  76 

i-.    6,  efifect    436,  437 

.y.     7,  record,  fees    437 

J-.     8,  reregistration  437 

s.    9,  penalty 438 

J.  10,  fraudulent  registration  438 

new  s.  10-a,  prior  rights  438 

188,  ^■.     4,  hawkers  and  peddlers   263,  264 

s.    7,  fees    264 

s.     8,  state  licenses   264 

J.  14,  revocation  of  licenses   265 

new  J-.  14-a,  appeal   266 

192,  J.  22-a,   fee    364-366 

194,  new  s.  43-a,  standard  of  identity 225 

.y.  47,  colored  oleomargarine    225 

s.  54,  definition     115 

new  s.  55-a,  permit  required    115 

new  .y.  71-a,  weighing  of  milk   115 

s.  72,  rules  and  regulations ;  fees  116 

.?.  73,  division  of  dairy  service   116 

196,  J.     8,  licenses ;    fees    366,  367 

210,  J.     7,  deputy  commissioner   525 

s.     8,  salary  525 

J.  17,  labor  controversy     95,  96 

s.  24,  compensation    526 

213,  s.  25,  hourly  wage 455 

J.  26,  special  cases 455 

214,  s.    3,  appeal    524 

215,  J.     1,  safety   regulations    459 

216,  s.  14,  notice  of  claim   127 

s.  16,  contents     127 

J.  20,  compensation  for  death   127,  128 

IV,   compensation    128 

s.  21,  compensation  for  temporary  total  disability  128,  129 
'                     s.  22,  compensation  for  permanent  total  disability  129 
s.  23,  compensation    for    temporary    partial    dis- 
ability      129,  130 

J.  24,  permanent  partial  disability   130-132 

s.  28,  maximum  benefits    132,  133 

s.  34,  agreements   459 

s.  35,  hearings  and  awards 133 

s.  38,  modification  of  awards  and  agreements   .  .  133,  134 


1955]                                   Index  g39 

D     •    J  T  Page 
Kevised  Laws,  amended,  repealed,  suspended,  etc. 

chapter  218,  .?.     1,  sub-sec.  I,  (4),  new    (p.),  employment  ex- 
emption     183^  184 

s.     1,  sub,  I,  new  (6),  homeworkers   184 

s.     1,  H,  ( 1 ) ,  employer 183 

s.     1,  subsec.  L,  most  recent  employer   184 

s.     1,  subsec.  N.  (3),  wages 184,  185 

s.     1,  subsec.  P,  (1),  dismissal  payments 185,  186 

s.     2,  B,  benefits   13-15 

s.     2,  new  (G)  account  186 

J-.     3,  eligibility  conditions 15,  186-188 

j\     4,  disqualification   ' n^  188-192 

J-.     5,  B,  claims  determination  procedure  192-195 

S-.     5,  sub-sec.  D,  appeal  tribunals 99    lOO 

s.     5,  G,  appeal  to  courts 195-198 

J-.     6,  C,  separate  accounts  198,  199 

s.     6,  D,  merit  rates  16-21,  199-204 

s.    6,  E,  successorship    204   205 

J.     9,  new  E-1,  deputy  director      214 

.S-.     9,  G,  records  and  reports  206,  207 

^.     9,  L,  advisory  council    100,  101 

s.  10,  C,  contingent    fund    207   20S 

s.  11,  adjustments  and  refunds  209,  210 

s.  11,  F,  adjustments  and  refunds 209,  210 

s.  11,  new  H-1,  jeopardy  assessment   210,  211 

J'.  13,  penalties    211-214 

new  s.  20,  employment  security 109 

220,  s.  13,  firemen's   retirement    145 

J.  16-a,  ordinary  disability   146    147 

222,  j-.  18,  suspended    619,  685 

J.  22,  suspended    619   685 

223,  s.  33,  rules  and  regulations ;  fees  366 

223-A,  new  chapter  223-B,  plant  and  seed  certification  110,  111 

227,  s.     5,  economic  poisons   368 

228,  new  chapter,   sale  and  distribution  of  fertilizers  63-71 
231,  .y.    8,  suspended    585 

233,  s.  17,  fire  wardens,  term  218,  219 

new  J.   19-a,  fire  trails   219 

s.  24,  forest  fires   505 

s.  27,  state's  portion  269 

s.  31-a,  payment  268,  506 

new  s.  31 -b,  bills  submitted    268 

new  J.  31-c,  approval  by  state  forester    268 

new  .5-.  31-d,  recovery  by  state 268 

s.  37-a,  declaring  forests  closed 219 

234,  new  s.  8-a,  regulation  of  motors 289,  290 

s.  19-a,  recreational   fund    398,  572 

ss.  20,  23,  suspended  623 

s.  30,  payments  589 


840                                        Index  [1955 

Page 
Revised  Laws,  amended,  repealed,  suspended,  etc. 

chapter  240,  ^.     2,  fish  and  game  commission    376,  ill 

s.     3,  terms  of   office   377 

J.  11,  hearings,  fishing   43,  44 

241,  ^.     1,  definitions   425 

s.     9,  prohibited  devices  —  illegal   night  hunting  57 

s.  12,  field  trials  101,  102 

s.  35-a,  abandoning  a  killed  human  being 85,  86 

new  J-.  35-b,  reporting  hunting  accidents  86 

242,  J.     3,  wild  deer    395 

.y.     6,  illegal  night  hunting  78,  79 

s.  16-a,  bow  and  arrow 178-180 

s.  19,  game  animals,  penalties 80 

243,  .S-.     1,  grouse  ;  woodcock ;  snipe  42 

244,  ^.     1,  open  season — otter,  mink  85,  126 

new  .•;.     5-a,  trapping  prohibited   176 

s.     9,  beaver  skins  74,  75 

245  new  .?.  37-a,  prohibited  devices 140 

j'.  43,  licenses    501 

.y.  44,  lobster    502 

new  J.  4-1-a,  lobsters     528 

s.  47-b,  canned  meat  502 

s.  60,  oysters  500 

s.  61,  limit   500 

J.  61-b,  licenses  500 

s.  63,  clams    503 

new  s.  63-a,  clams  501 

s.  64,  penalty  501 

J.  65,  penalty    501 

246,  new  s.  24-a.     sale     of     pheasants     and     chukar 

partridge  116,  117 

s.  25-a,  sale  of  brook  trout 44 

new  s.  25-b,  sale   of   brook   trout    raised   outside 

the  state   44,  45 

new  s.  25-c,  horned   pout    424 

247,  .y.     1,  license  required  35,  36 

s.     5,  form  of  licenses    424 

J.     6,  III,  nonresidents 527 

Ill-a,  minors  527 

new     Ill-b,  hunting  licenses    139 

IV,  fishing  licenses    526 

new  s.     6-b,  nonresidents  honorary  licenses    ....  50,  51 

J.     8,  unused  blanks  424 

new  s.  10-a,  public  waters 244 

^.  11,  revocation  of  licenses  79 

250,  new  s.     7-b,  medical    examiners    243,  244 

new  J.     7-c,  witnesses    244 

J'.  14,  suspension     and     revocation     of     medical 

licenses    9l 


1^55]                                     Index  841 

Revised  Laws,  amended,  repealed,  suspended,  etc. 

chapter  250,  new  j-.  14-a,  commitment  to  state  hospital  391 

251,  s.     7,  dental  license  applications  I73 

s.  18,  dentistry    g7 

new  s.  18-a,  dental  hygienists gg 

s.  20,  dentists :  removal  to  state  87   gg 

s.  22,  fees     'go 

new  s.  29-a,  injunction     gg   gg 

255,  J.     2,  examiners   227   22S 

s.    4,  compensation    228 

J.  11,  temporary  eligibility   for  examination   and 

license    228,  22g 

•^-  1^'  ^'ees '229 

new  chapter  225-A,     uniform     preservation     of     private     business 

records  act  276,  277 

256,  s.  26,  re-registration   357 

s.  39,  pharmacies   ^67,  368 

new  s.  50-a,  penalty,  sale  to  minors 359 

257,  s.     1,  nurse  registration 49^ 

s.     4,  compensation    ^gc 

s.     6,  wording 49c 

s.     7,  endorsement   495 

s.    8,  fees 49^ 

s.  10,  permits    49^ 

s.  11,  prohibition    49^ 

s.  12,  exceptions   49^ 

s.  13,  public  healtli  nursing   497 

s.  14,  false  representation  497 

257-A,  j-.     7,  practical  nurses   292 

^-.     9,  biennial  permit  to  practice 292 

J-.  10,  prohibition    293 

J".  11,  false  representation  293 

261,  ^.     3-a,  real  estate  mortgages,  subsequent  advances  84 

262,  s.  21,  subordination   254   255 

264,  .S-.  38,  storage     297 

J.  40,  notice  and  sale   297   298 

266,  s.  13,  taxation     ^32 

new  s.  29,  artificial  fill 359   ^yQ 

new  s.  30,  grant  of  right    ^70 

new  s.  31,  procedure  for  removal  of  fill 37o 

272,  J.     4-a,  voluntary  corporations    247 

new  s.     4-b,  returns,  filing  fee   247 

new  ,v.  14,  orthodox   parishes    117 

new  s.  15,  application     II7 

new  s.  16,  articles  of  agreement  Hg 

new  s.  17,  charitable  corporations    234 

new  s.  18,  collective  investments    234   235 

new  ^.   19,  contributions  and   withdrawals    235 

new  J.  20,  exception   235 


842                                           INDEX  [1955 

Page 
Revised  Laws,  amended,  repealed,  suspended,  etc. 

chapter  274,  s.     2,  railroad  corporations   258,  259 

s.  40,  business  corporations    33 

J-.  41,  IV,  business  corporations    9 

new  ^•.  84-a,  stock  transfers  398,  399 

J-.  107,  business  corporations    244,  245 

s.  109,  subsequent  returns  245 

s.   112,  record  of  organization 245,  246 

s.  113,  amendments    246 

s.  114,  certificates    246 

s.  116,  annual  fee 246,  247 

new  s.  125,  missing  bondholders  and  shareholders  151 

new  ^.  126,  advertising    151 

new  ^•.   127,  distribution  of   unclaimed  sums    ....  151,  152 

280,  s.     1,  foreign  corporations    248 

s.     3,   (f)  filing   fee   248 

^.     6,   (f)   filing  fee    248,249 

s.  12,  change  in  name ;  fee  249 

new  chapter  286-A,  s.   1,  expenses   287 

J-.     2,  assessment    287 

.?.     3,  certification    287,  288 

s.    4,  collection     288 

289,  J-.  23,  motor  vehicle  exceptions    137 

294,  s.  42,  corporations   9 

306,  new  s.  27-a,  aircraft  267,  268 

.y.  32,  aeronautical  fund   92,  93 

s.  33,  bonds  or  notes  authorized   355,  356 

J.  33-a,  accounts  356 

J.  33-b,  notes  356 

new  chapter  306-A,  .y.   1,   definitions   299,  300 

s.     2,  administration    300,  301 

s.     3,  report     301 

.y.     4,  security   required   301,  303 

s.     5,  requisites  of  policy    303,  304 

s.    6,  suspension    304,  305 

s.     7,  self-insurer  305 

s.    8,  non-residents    306 

.f.     9,  security    306,  307 

s.  10,  custody,  return  of  security  307,  308 

s.  1 1,  inadmissible   evidence   308 

s.  12,  registration  transfer  prohibited  308 

s.  13,  registration,  surrender 308 

s.  14,  violations,  penalties   308,  309 

s.  15,  non-applicability    309,  310 

j-.  16,  non-retroactive    310 

s.  17,  not  to  prevent  other  process 310 

s.  18,  service  of  process    310,  311 

.y.  19,  bankruptcy ;  discharge    311 

.y.  20,  use,   singular,  plural    311 


1^55]                                     Index  843 

Page 
Revised  Laws,  amended,  repealed,  suspended,  etc. 

new  chapter  306-A,  s.  21,  interpretation,  uniformity   311 

s.  22,  saving  clause  311 

J.  23,  title  31 J 

307,  J.     8,  audits   52g   593 

309,  s.  20,  application    52i 

^.  33,  lost  bankbooks  29 

310,  ^.     1,  XIV,  saving  banks 3I5 

s.     1,  XV,  loans  3I5 

s.     1,  new  XVIII  (a),  total  capital   315 

s.     1,  new  XVIII   (b),  funded   debt   315 

s.     3,  I,  limitations    324    520 

s.    4,  I,  New  Hampshire  real  estate  321,  322 

J'.     4,  IV,  other  real  estate  322   323 

^.     5,  new  Ill-a,  loans  2i23 

s.     5,  IV,  unsecured  loans  t,23    324 

J.     6,  IV,  municipalities    315    315 

J.     7,  I,   (c)  (1),  fixed  charges 315 

s.    8,  I,   (c),  income  for  interest   316 

s.    8,  I,   (d),  obligation  fixed 315 

s.     8,  III,  (a)  legal  investments  3I5 

s.     9,  I,   (c),  net  income  3I6    317 

s.  10,  II,  (b),  net  income 317 

.y.  11,  I,   (b),  net  income  3I7 

s.  15,  I,  industrials    317   31,5 

s.  16,  new  V,  investments  3I8 

s.  17,  participating  loans  318-320 

.y.  18,  prudent   investments    320   321 

new  s.  21-a,  loans    323 

314,  new  s.  1-a,  building  and  loan 52 

i-.     5-b,  building  and  loan  shares  181 

.y.     6,  repealed  Igl 

i-.     8,  application    55 

s.    8-a,  repealed  jg^ 

s.  10,  loans     I74 

new  s.  13-a,  unsecured  loans   Ig3 

J.  20,  II,  real  estate  I73    174 

s.  32,  repealed     Igj 

s.  35,  investment  shares  I82 

s.  36,  authority  to  issue ;  value 182 

s.  41,  T,  liquidation    52    63 

315,  new  s.  7-a,  credit  union  399 

J-.  17,  credit  unions 3I4 

J.  32,  credit  committee   223    224 

new  s.  51,  sale  of  checks  224 

319,  s.    6,  issue  and  denial 135 

^.  14-a,  annual  report   I34    135 

321,  s.  25,  disposal  of  reports  and  records   53 

322,  s.     7,  insurance  companies    12    13 


844                                          Index  [1955 

Page 

Revised  Laws,  amended,  repealed,  suspended,  etc. 

chapter  121,  s.  14-a,  group  life  insurance  107,  279,  280,  467 

^•.  14-b,  (a),  credit  unions  280 

331,  s.  20,  liability  insurance  171,  172 

Zn,  s.    4,  report  o£  birth  220,  221 

s.    4-a,  illegitimate  children  221,  222 

339,  s.  14,  temporary  orders   394 

new  ^.  16-a,  alimony  and  support  394 

340,  s.  15,  neglect  by  husband  or  father 393 

s.  15-a,  neglect  by  mother 393,  394 

346,  s.  23,  special  sessions  probate  court  214,  215 

348,  s.    6,  Hillsborough  county  probate  court  226 

352,  s.  13,  small  estates 55,  56 

359,  s.  20,  payment  of  wages  to  surviving  spouse  ....  89 
s.  21,  liability  —  employer  89 

360,  new  s.  12-a,  distribution  of  property    222 

363,  s.     1,  bonds  —  trustees  34 

new  .$■.     2-a,  public  trustees    262 

new  s.    2-b,  citation   262 

new  .f.     2-c,  collective  investments  262 

new  s.  10-a,  cemetery  trusts    40 

366,  new  s.  18-a,  use  of  facsimile  signatures  108 

367,  s.    2,  holidays     218 

370,  new,  .y.  23,  motions  for  summary  judgment 54 

377,  s.    4,  compensation  of  special  justices 378,  379 

s.  31,  I,  salaries,  municipal  court  justices  . . .   175,  176,  261 

426,  464 

chapter  378,  j-.     5,  repeal   29,  30 

380,  .y.  27,  salaries    249,  372 

385,  new  .y.  3-a,  skiing  injuries   331,  332 

386,  s.     2,  writs     77 

s.  15,  attachment    81 

s.  16,  capias  and  attachment    81,  82 

J.   1 7,  summons   82 

.y.  IS,  trustee  process    82 

s.  19,  replevin   83 

s.  20,  scire  facias  83,  84 

387,  s.     1,  return  of  writs  80,  81 

388,  s.  52-a,  excessive  attachments   35 

395,  .<r.  26,  court  stenographers  401,  402 

.V.  30,  hire 402 

399,  s.     2,  executions,  when  returnable   139 

.f.     3,  repeal  139 

s.    4,  extension  of  return  day 139 

410,  new  s.  25a,  distribution  deferred    222,  223 

new  chapter  420-B,  j.  1,  definitions  290 

^.    2,  liability    290,  291 

.5-.    3,  duties   291 

s.    4,  jurisdiction  291 


1955]                                    Index  845 

r,     .  Page 
Revised  Laws,  amended,  repealed,  suspended,  etc. 

new  chapter  420-B,  s.     5,  amount    291 

s.    6,  modification    29l 

s.     7,  enforcement   291 

s.    8,  appeals 291 

s.     9,  evidence 291 

J-.  10,  additional  rights  291 

s.  11,  uniform   interpretation   291,  292 

^.  12,  title     292 

425,  s.    5,  appeals     523 

428  s.    3,  counsel  fees    324   325 

429,  J.     3,  committal    256 

chapter  436,  s.  27,  fees     166,  167 

442,  s.  14-a,  trespass 255 

J.  14-b,  notices    255,  256 

s.  14-d,  limitation    240 

new  s.  29-a,  emergency  use  of  party  line   354,  355 

new  s.  40,  false  reports  of  crime  149 

449,  s.  17,  pandering    253 

452,  J.     3,  grand  larceny   254 

J.     4,  petit  larceny 254 

s.     5,  penalty 254 

455,  s.  27,  carrying   weapons    465,  466 

457,  s.  25,  bribes     521 

J.  26,  bribes  522 

457-A,  new  ^.   3-a,  subversives   259  260 

new  s.     3-b,  construction     260 

462,  new  s.  12,  transfer  of  prisoners  41 

464,  ^.  34,  female    convicts,    contracts    authorized    47,  48,  77,  78 

s.  35,  transfer  female  prisoners   78 

new  j-.  35-a,  expenses  of  confinement 78 

s.  36,  good  behavior   48 

.y.  37,  return  or  transfer  of  convicts  48 

Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter      3,  s.    4,  state  flag  493 

4,  state  bonds  45 

5,  s.    5,  seal  of  the  state  45 

6,  state  treasurer    108    109 

.y.     7,  state  deposits    374 

7,  J.  35,  solicitors   372 

8,  J.  19,  XI,  XII,  inventory 86,  87 

XV,  state  purchases 285 

s.  24,  non-competitive  purchases   284,  285 

9,  s.    4,  appropriations    575 

12,  s.  11,  appropriation    25l 

14,  research  analyst  643 

s.  15,  mileage  allowances    340 

s.  16,  computation  of  distance  341 

new  s.  16a,  mileage  allowances  230  231 


846                                        Index  [1955 

Page 

Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter     14,  s.  18,  allowances  174,  175,  537 

s.  19,  clerks   563 

s.  21,  assistant  clerks   563 

s.  24,  attaches   458,  563 

^\  31,  II,  audit   607,  674 

18,  ^.     4,  uniform  state  laws 46 

19,  s.    4,  interstate  cooperation   466 

20,  session  laws  36 

s.     1,  session  laws,  printing  9,  10 

21,  new  s.  32a,  registered  mail  368 

24,  tie  votes   145 

28,  s.  28,  county  commissioners   373,  400 

29,  county  treasurer  109 

J.  14,  salaries    250,  373 

31,  s.    3,  contracts    386 

s.  91,  soliciting  funds  401 

33,  s.    4,  municipal  finance  533-536 

36,  s.  37,  regions     403 

new  s.  38,  commissions    403 

new  s.  39,  general  powers 404 

new  s.  40,  organization    405 

new  ^.  41,  finances    405 

new  s.  42,  local  boards 406 

new  s.  43,  assistance 40& 

new  s.  44,  workable   program    407 

41,  s.  15,  report  to  tax  commission 230 

48,  city  treasurer    109 

^.     1,  city  officials   31 

55,  s.  18,  checklists     283 

56,  J.  47,  primary  elections   10 

s.  53,  nominees   138 

s.  63,  political  committees  47 

60  s.     2,  II,  III,  absentee  voting 498 

s.    4,  ballots    499 

s.  15,  penalties    499 

J.  16,  armed  services 330 

s.  17,  definitions    330 

64,  s.     1,  elections    392,  518 

new  s.  la,  Grafton  county 392 

s.    2,  eligibility  392,  518 

new  s.     2a,   Hillsborough    518 

s.  12,  commissioners   519 

70,  new  chapter 407-417 

chapter    71,  j.  13,  reassessment     465 

new  J.  27a,  audit    263 

new  s.  29   37l 

72,                veterans    28 

s.  23,  institutional  exemptions   231,  232 


1955]                                     Index  847 

n  Page 

Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter    72,  s.  28,  exemption    455 

s.  29,  definitions   457 

s.  30,  fractional  interest    457 

s.  31,  limitations     457 

J.  35,  disabled  veterans    434 

73,              taxation    14g 

76,  jeopardy  assessment   141 

new  s.  16a,  tax  abatement 237 

J'.  17,  court  abatement   237 

77,  real  estate  liens 24 

s.     1,  tax  rate    594 

78,  s.    7,  tobacco  products Tigy 

new  s.     7a,  nature  of  tax  333 

79,  new  chapter     443.454 

timber  tax    573 

81,  new  chapter   334-335 

82,  s.     7,  valuation   335 

86,  new  s.  6a,  gifts    I43 

j'-s-.  8,  9,  construction  52i 

s.  22,  inheritance  taxes    I47    143 

87,  s.     1,  estate  taxes 91 

94,  .S-.     1,  salaries  227,  525,  526,  564 

s.     5,  maintenance   228 

99,  new  j.  5a,  prior  service  286 

chapter  100,  retirement   55Q   55^ 

s.     1,  new  XXII,   retirement    477 

new  XXIII,  definition    477 

s.     3,  new  VII,   employees   477 

s.    6,  II,  benefits   473 

.?.     7,  II,  disability     479 

IV,  accidental   430 

s.     9,  death   from  accident   480 

.y.  14,  I,   (a)  contributions    4^1 

(c)  allowance 433 

III,   (c)  accrued  liability    484 

(d)  rate    484,  485 

(e)  total  amount    485 

s.  18,  limitation    485 

new  s.  20,  past  contributions    485 

new  J-.  35a,   limitation     437 

s.  36,  II,  rates    437 

new  J.  38,  revocation    439 

new  s.  39,  notice    439 

new  s.  40,  contribution     439 

101,  s.     1,  retirement     4^3 

J.     2,  security   120 

II,  employment  463 

V,  definition 543 


848 


Index 


Revised  Statutes  Annotated,  amended,  repealed,  etc. 
chapter  101,  .?.     2,  VI,  subdivisions    


s.  4 

s.  5 

^.  7 
new 

102,  s.  13 

s.  18, 

104,  J.  29, 

106,  ^.  11 

107,  X  6 
s.  10 
s.  17. 
s.  19, 
new 
^.  21 


110, 


VIII,  code  

I,  coverage  

new  III,  separation  

I,  contributions  

Ill,  (2)   deductions  

administration   

,   10,  referendum    

firemen's  retirement   

age  limit   

salaries  sheriflfs  

disposition  of  fines 

new  IX,  civil  defense  

local  organization 

personnel  

arrest   

i'.  22,  penalty 

military    rank    

national    guard    

special  courts-martial    

summary  courts-martial  

armories    

102,  armories    

flood  control 

funds    

United  States  land  

birth   reports    

illegitimate  children  

6a,  directors 

state  hospital  

V,  flour  enrichment  

abandoned  iceboxes  

public  dumps  

s.  23a,  exemptions 

approval  required 

maintenance    

authority  granted   

new  .y.  27a.  closure 

s.  28,  control  measures  

148,  new  ,t.  29,  audits    

new  s.  33a,  highway  construction  

149,  water  pollution  37,  38,  120.  242, 

s.    2,  I,  water  pollution 

s.     3,  water  pollution  

new  s.     5a,  tax  exemption  

new  s.  5b,  review    

153,  s.     1,  new  VII,  definitions   

s.    4,  fire  control  

s.     5,  requirements    


s. 
s. 
s. 
s. 
s. 
s. 
s.  7 
135,  new 
s.  21 


122, 

123, 
126. 


146, 
147, 


12 


.y.  23 
new 
s.  25 
.y.  26 
.y.  27 


[1955 

Page 

469 
548 

469,  548 
470 
549 
549 
121 

470,  471 

145,  146 

146,  147 
249,  37Z 

153 
326 
327 
328 
329 
329 

73 
170,  171 

90 

90 
378 

50 
515 
516 
333 
220 
221 
226 
517 
224 
232 
419 
419,  420 
420 
420 
421 
421 
421 
371 
371 
243,  353 
125 
110 
281 
281 
271 

271,  272 

272,  273 


1955]                                     Index  849 

Page 
Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter  153,  s.  14,  I,  buildings  27-1 

158,  s.     1,  repealed     269 

s    2,  repealed    269 

s    3,  repealed    269 

j-    4,  repealed    269 

s    5,  repealed    269 

s    6,  repealed    269 

J-    7,  repealed    269 

s    8,  repealed    269 

s.     9,  explosives   269 

s.  10,  repealed  270 

J.  11,  passengers     270 

s.  12,  regulations    270,  27l 

s.  13,  repealed  269 

J.  14,  repealed  269 

new  chapter  171,              Laconia   State  School    510-514 

173,  new    s.  11a,  sexual  psychopaths   238 

175,  J.     1,  II,  beverage  325 

new  s.  13a,  cider    257 

chapter  176,  new  j.  10a,  prohibition   443 

178,  new  J-.  8a,  transfer  of  location  375 

183,  s.  9,  milk  control  366 

184,  new  j'.  48a,  oleomargarine 225 

s.  52,  colored  oleomargarine  225 

^.  59,  definition     115 

new  s.  60a,  milk  collections  115 

new  s.  76a,  weighing    115 

s.  77,  rules   116 

s.  78,  supervisor  116 

186,  s.  11,  XXIII,  suspended 625,  691 

187,  s.  22,  suspended    619,  685 

^.  28,  suspended    619,  685 

189,  s.  44,  payments  625,  691 

193,  s.  12,  nonresidents   340 

new  J-.  18a,  definition    338 

new  s.  18b,  tuition     338 

new  j-.  18c,  procedure  339 

194,  s.  12,  revenue    625,  691 

s.  27,  school  tuition    241 

195,  ^.     1,  new  IX,  definition  557,  558 

^.     3,  I,  formation  558 

new  ^.  4a,,  acceptance 556 

s.    6,  I,  date  559 

s.    6,  II,  III,  powers  556,  557 

J.     7,  costs  560 

s.    8,  cost  560 

s.    9,  taking  over  property 560 

new  s.  9a,  school  districts 555 


850                                        Index  [1955 

Page 
Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter  195,  s.  11,  trust  funds   561 

new  s.  11a,  capital  reserves  555 

s.  14,  certification    555 

s.  15,  state  aid   561 

new  s.  15a,  building  aid  561 

198,  s.    8,  policy  545 

J.    9,  amount    545 

s.  10,  foundation  aid  545 

s.  11,  allocation     546 

s.  12,  unexpended  appropriations    547 

s.  14,  valuation   547 

new  s.  14a,  state  board  547 

new  s.  15a,  school  aid    564 

new  s.  15b,  amount  564 

new  s.  15c,  approval  of  plans 564 

new  s.  15d,  time    565 

new  s.  15e,  proration    565 

s.  16,     school  money  335,  336 

202,                public  libraries   32 

206,  s.    2,  fish  and  game  commission 377 

s.     3,  term  of  office   ^77 

s.  11,  regulations    43 

207,  ^.     1,  fly  fishing  425 

J.  10,  illegal  devices    57 

s.  13,  field  trials  101,  102 

s.  38,  hunting    85 

new  s.  38a,  reports 86 

208,  s.    2,  wild  deer    395 

s.     5,  bow  and  arrow  hunting 178-180 

s.    8,  night  hunting 78,  79 

J.  21,  game  animals 80 

209,  i-.     1,  game  birds  42 

210,  s.     1,  fur-bearing    animals    85,  126 

new  .y.  4a,  trapping 176 

^.    8,  beaver  skins  74,  75 

211,  trolling    140 

s.    3,  fishing    425 

s.  21,  licenses    502 

s.  23,  lobsters    502 

new  s.  23a,  lobsters  528 

s.  29,  canned  meat    ...  % 503 

J.  51,  oysters   ^^" 

J.  52,  limit   500 

s.  54,  licenses    500 

s.  56,  clams    503 

new  J.  56a,  clams    501 

s.  57,  penalty     501 

s.  58,  penalty     501 


1955]                                     Index  851 

Page 

Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter  212,              pheasants II5    217 

s.  30,  brook  trout 4_l^ 

new  s.  30b,  horned  pout    424 

214,              licenses    5q    235^ 

s.     1,  fish  and  game   35    35 

^.     3,  fish  and  game  licenses I35 

J.     4,  nonresidents   I35 

J.     8,  licenses    424 

s.     9,  VI,  nonresidents  527 

VII,  minors    527 

VIII,  licenses    526 

s.  16,  unused  blanks   424 

new  s.  18a,  penalties  244 

J.  19,  revocation  79 

216,  new  j.  3a,  parking  areas  332 

219,  new  j.  8a,  certain  ponds    289 

s.  20,  recreational  fund   393    572 

J-J-.  22,  25,  suspended   523    689 

s.  32,  payments  589.  6S6 

224,  j-.     8,  forest  fire  wardens    218 

new  ^•.  10a,  fire  trails  219 

s.  15,  forest  fires  505 

s.  19,  forest  fire  expense  269 

new  s.  23a,  forest  fire  expense   268 

new  s.  23b,  bills  26S 

nev/  s.  23c,  approval  268 

new  s.  23d,  recovery  by  state    268 

s.  32,  closing  forests  219 

226,  s.     3,  commissioners    ^^^t^ 

228,  s.    6,  highway  donations  46 

J.     9,  highway  funds 267 

230,  s.    4,  classification 552 

231,  J.     7,  highways     552 

233,  s.    3,  mortgagees  73,  74 

^.     5,  notice  of  hearing   74 

234,  s.     3,  owners,  defined  74 

236,  ^.     2,  limited  access  highways 460 

238,              highways    140,  141 

241,  s.    2,  town  highways   553 

s.     5,  suspended    585,  652 

s.  1 1,  highways 506 

245,  s.  23,  town  highways   242 

249,  ^-.     5,  regulations    • 257,  554 

new  J.     5a,  yield  right  of  way   257 

new  s.  44,  drive-in  theatres    177,  178 

new  s.  45,  markers 283 

new  s.  46,  board    284 

new  i-.  47,  expenditures    284 


852                                        Index  [1955 

Page 
Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter  256,  s.     1,  turnpike  493 

259,  government  owned  land 119 

260,  J.    4,  poll  taxes   49 

^.     5,  prohibition    49,  61,  169 

J.  10,  number  plates    40,  216 

new  s.  12a,  motor  vehicles   298 

261,  new  s.  3a,  reexamination  462 

262,  s.     1,  V,  agricultural  vehicles  216-218 

J.  15,  motor  vehicle  operation   142 

new  s.  15a,  careless 142,  143 

s.  16,  revocation  143 

s.  17,  suspension     143,  144 

s.  19,  intoxication    433 

s.  26,  disobeying  officer   215 

263,  equipment  on  motor  vehicles   144,  165 

new  s.  7a,  chains  463 

s.  28,  school  busses  288,  289 

s.  35,  hand  signals  71,  72 

s.  40,  flashing  lights   325 

new  s.  44a,  pedestrians    463 

new  s.  52a,  dimming  lights 463 

s.  55,  minimum  speed  152 

s.  56,  repealed  152 

s.  61,  motor  vehicle  weights 343,  505 

s.  76,  II,  blasting  caps  271 

new  chapter  263A,           drivers'   schools   293  297 

chapter  265,  jt.  19^  I,  motor  fuels   278 

new  s.   30,   reports    278 

267,  s.     1,  definitions   418 

s.    2,  prohibition    419 

s.     3,  nuisance     419 

268,  J.     1,  financial   responsibility    96,  97 

s.     1,  VIII,  repealed  122 

s.     5,  financial  responsibility     122 

s.     8,  financial  responsibility    239 

s.     9,  reciprocity    98,  99 

J.  10,  judgments  97,  98 

s.  14,  nonresidents  99 

s.  16,  damages    123 

J.  17,  repealed  122 

s.  19,  proof  required 98 

270,  s.  17,  motor  boats   233 

s.  18,  penalty    234 

273,  s.     7,  deputy  commissioner 525 

J.     8,  salary  525 

J.  17,  agencies  95,  96 

s.  25,  compensation    526 

277,  J.     1,  workmen's  compensation   459 


^^^^^  Index  353 

Revised  Statutes  Annotated,  amended,  repealed,  etc.  ^^^^ 

chapter  279,  .f.  21,  wages    .    . 

^  455 

s.  22,  special   cases    ^t-c 

280,  s.     3,  appeal    ^.^ , 

s.  23,  subordinations    ^- , 

281,  s.  16,  workinen's  compensation    227 

s.  18,  notices    ' "  ,„_ 

s.  22,  death  compensation   127    128 

s.  23,  temporary  total  disability    ......' "  128*  129 

s.  24,  permanent  disability    '  ,2q 

s.  25,  temporary  partial  129    130 

s.  26   permanent  partial    ■.■.■.■.■.■.■.■.■;.■.■;  130-132 

J.  JU,  maximum   benefits    1.2    i tt 

s.  36,  agreements    '  '  '   -e 

s.  37,  hearings     ' '  ,_ 

.S-.  40,  modification  of  awards  I34 

282,  director   '  ^^ 

•y-     1,  G,   (1)  unemployment     jg, 

s.  1,  H  (4)  exemption ;;;;;;';  ^^^.^^"i 

s.  1,  1,  homeworkers  ...  10. 

s.  i,  HL,  most  recent  employer  I04 

s.  1,  M,  (3)  wages '. '.'.'.'.'.'..[[[[[  i^^  185 

s.  1,  O,   (1)   dismissal  payments  135'  136 

s.  2,  overpaid  benefit  account '  i^ 

s.  2,  B,  benefits    ,^  je 

"•  ^' ^^ii^bijity ■■'.■■■■.;;■.■.■.:■.:::;  i87,^i88 

s.  J,  D,  conditions   ,  c    , , 

J.  4,  disqualifications  'j2    188-192 

J.  5,  B,  claims    ' " "  '_     '  192.195 

J.  5,  D,  imemployment  '_        99    jqq 

s.  5,  G,  appeal  to  court 196-198 

s.  6,  C,  separate  accounts    198    ^99 

s.  6,  D,  merit  rating .'.'.'."  16-21,  199-204 

s.  o,  E,  successorship  204-907 

s.  9,  new  E-1,  deputy  director 214 

s.  9.  R.  council ;;;;;;;;  jq^  ^^^ 

s.  lU,  L,  contingent   fund    207   208 

^.  12,  new  C-1,  injunction '  209 

^^.  12,  H,  adjustments   209   210 

s.  12,  new  H-1,  jeopardy  assessment 2I0'  211 

s.  14,  penalties    2]  1  214 

284,  J.  22,  horse  racing 9 , 

■^-  23,  tax Q , 

new  chapter  286A           utilities     '    ^g^ 

290,  s.     1,  burials    224 

J".     8,  burial  permits   224 

292,  s.     5,  voluntary  corporations    247 

new  s.     5a,  returns   247 

new  jj.  15,  16,  17,  orthodox  parishes 117,  ng 


854  Index  [1955 

Page 
Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter  292,  new  J^.  18,  19,  20,  21,  common  trust  funds 234,  235 

294,  ,T.     2,  railroad  corporations  258 

J.  41,  mortgage  of  assets  33 

s.  42,  business   corporations    9 

new  s.  85a,  closing  books 398 

s.  105,  business   corporations    245 

.y.  110,  fees     245 

.?.  113,  record    245 

s.  114,  amendments    246 

.«•.  115,  certificates    246 

i\  117,  annual  fee 246 

new  s.  125,  business  corporation  151 

new  s.  126,  advertising    151 

new  s.  127,  distribution    15 1 

298,              house  trailers    180 

300,  .V.     3,  foreign  corporations   248 

J.     5,   (f)   fees   248 

s.    9,  change  in  name 249 

.S-.  10,  (f)  fees 249 

317,  J,-.     7,  dentistry    173 

^-.  18,  dentistry    87 

new  .S-.  18a,  reciprocal  licenses  88 

s.  20,  removal  to  state   87,  88 

s.  22,  fees     88,  89 

318,  jr.  25,  pharmacies    367 

s.  38,  fees    367 

new  s.  49a,  narcotics  369 

319,  .V.     2,  engineering     167 

s.     5,  members  of  board   167 

J.  26,  certification    167,  168 

jr.  27,  reissuance    168 

s.  28,  appeal     168,  169 

s.  29,  penalties    169 

320,  s.    4,  hawkers  and  peddlers   263 

s.     7,  fees    264 

s.    8,  state  licenses   264 

J-.  14,  revocation  of  licenses  265 

new  J.  14a,  appeal  266 

326,  ^.     1,  nurse    registration    494 

^.    4,  compensation    495 

s.     6,  wording 495 

J.     7,  endorsement   495 

s.    8,  fees    496 

s.  10,  permits    496 

s.  11,  prohibition    495 

s.  12,  exceptions  496 

s.  13,  public  health  nursing 497 

s.  14,  false  representation   497 

s.  21,  fees 292 


1955] 


Index 


855 


Page 
Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter  326,  j.  26,  permit    292 

J.  27,  prohibition 293 

s.  28,  false  representation  293 

329,  new  .vj.  9a   and  9b,  medical  examiners 243,  244 

.f.  17,  medicine    91 

new  .y.  18a,  practice  of  medicine 391 

332,  s.     2,  medical  examiners   228 

s.     5,  compensation    228 

.y.  12,  licenses    228,  229 


s.  14,  fees     

new  chapter  332A,  business  records 


337, 

new  chapter 

343, 

349, 

J. 

1, 

.y. 

2, 

J. 

3, 

s. 

4, 

s. 

^. 

s. 

6, 

s. 

7, 

s. 

8, 

s. 

9, 

s. 

10, 

new  s 

359, 

s. 

20, 

374, 

s. 

25, 

383, 

s. 

9, 

384, 

ss 

.  28 

386, 

s. 

19, 

s. 

32, 

chapter 

387. 

s. 

1, 

s. 

1, 

s. 

1, 

s. 

3, 

s. 

3, 

s. 

4, 

s. 

5, 

s. 

5, 

s. 

6, 

s. 

7, 

s. 

8, 

s. 

9, 

s. 

10, 

s. 

11, 

s. 

15, 

s. 

16, 

s. 

17, 

negotiable  instruments   

seed  certification  110, 

partnership   

withdrawal    

evidence  

nonj  oinder    

registration     

effect    

record    

reregistration     

penalty 

civil  rights   

s.  10a,  prior  rights 

weighing     

foreign  corporations   

audits  628 


229 
276 
108 
111 
435 
435 
436 
436 
436 

76,  436 
437 
437 
438 
438 
438 

364-366 
137 


construction    

deposit  books 

XIV,  savings  banks  

XV,  loans  

new  XVIIIa,  total  capital 

savings  banks    

I,  limitations    

I,  IV,  real  estate  321,  322 

new  Ilia,  notes 323 

IV,  unsecured  323,  324 

IV,  legal  investments 315,  316 


693 
521 
521 
29 
315 
315 
315 
520 
324 


I,  railroads  

I,   (c)  utility  companies  .  . 
Ill,  common  stock 

I,  water  companies  

II,  telephone  companies  .  . 

I,  bonds  and  notes  

I,  industrial  securities    . . . 
new  V,  other  investments 


316 
316 
316 
316 
317 
317 
317 
318 


participating  loans  318-320 


856                                         Index  [1955 

Page 

Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter  387,  s.  18,  prudent    investments    320,  321 

new  s.  21a,  loans 323 

393,  unsecured  loans 62,  183 

^.     8,  building  and  loan  shares 181 

s.     9,  repealed  181 

s.  12,  construction    521 

s.  13,  repealed     181 

s.  IS,  loans  174 

J.  24,  II,  building  and  loan  associations  173,  174 

s.  36,  repealed  181 

s.  29,  investment  shares     182 

s.  40,  single-payment  shares   182 

s.  41,  liquidation     62 

394,  new  ^.  7a,  interest  refund  390 

J.  17,  credit  unions    314 

s.  32,  credit  unions    223 

new  J.  51,  sale  of  checks  224 

399,  i'.     6,  licenses    135 

s.  15,  small  loans  134,  135 

400,  i\  24,  insurance  records   53 

401,  s.     7,  insurance  company  stock   12 

408,  s.  15,  group  life  insurance   102-107,  279,  280,  467 

J.  16,   (a)   credit  unions  280 

415,  J.  14,  liability  insurance   171 

422,  new  s.  35a,  aircraft 267 

J.  42,  aeronautical   funds  92,  93 

new  chapter  422A,            aircraft  financial  responsibility   299-311 

424,  s.     1,  airport  zoning 75 

s.     5,  regulations    75,  76 

428,  s.     6,  milk   inspections    366 

430,              soil  conservation  districts   358-364 

438.^.     6,  economics  poisons  law 368 

new  chapter  439,              fertilizers    63-71 

450,  s.     1,  house  trailers    297 

^.     3,  changes    297 

458  s.  16,  temporary  orders    394 

new  s.  19a,  alimony 394 

460,  .?.  23,  neglect   393 

s.  24,  children   393 

466,              dogs    112 

s.    8,  dogs    30 

s.  29,  restraining  dogs    150 

new  s.  29a,  hearing  ISO 

s.  40,  cropping  dog's  ears   172 

s.  41,  possession  of  cropped  dog 172 

470,  s.     1,  damage    528 

new  s.  la,  report  of  kill 354 

s.    2,  porcupines    357 


1955]                                     Index  857 

Page 

Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter  478,  .c.  14,  register  of   deeds   107,  108 

479,  s.    4,  real  estate  mortgages   84 

481,  J.  14,  taxation  531 

482,  new  .y.  41a,  artificial  fill  369 

new  .y.  41b,  grant  370 

new  ^.  41c,  procedure     370 

491                 superior  court  54,  55 

502,  .c.     7,  I,  salary  justices  175,  176,  261,  426,  464 

s.     8,  municipal  court  justices  378 

503,  ^.     5,  small  claims  29 

508,  new  .y.  4a,  skiing  injuries  331 

509,  s.     2,  writs     77 

s.  15,  attachment  form  81 

s.  16,  capias     81,  82 

s.  17,  summons   82 

s.  18,  trustee  process    82,  83 

J.  19,  replevin    83 

s.  20,  scire   facias    83 

510,  ^.     1,  return  of  writs  80,  81 

511,  s.  53,  attachments    35 

519,  s.  26,  court   stenographers     401 

^•.  31,  hire 402 

527,  s.     2,  superior  court   139 

J.     3,  repealed     139 

s.    4,  return  days    139 

538,  new  .y.  25a,  real  estate 222,  223 

new  chapter  546A,           civil  liability  of  support  290-292 

547,  s.  23,  probate  court  sessions    214 

549,  s.    6,  probate  court  sessions   226 

553,  s.  13,  small  estates   55 

560,  wages 89 

561,  new  s.  12a,  delivery  deferred 222 

564,              cemetery  trusts  40 

s.     1,  bonds    34 

new  J.  2a,  public  trustees  262 

new  J.  2b,  citation 262 

new  J.  2c,  collective  investments 262 

572,              false  report  of  crime 149 

s.  15,  trespass   255 

s.  16,  notices    255 

J.  18,  posting  of  land   240 

s.  38,  telephone  calls  354 

579,  J.  1 7,  pandering    253 

582,  s.     3,  grand  larceny    254 

J.    4,  over  fifty  dollars  254 

s.     5,  under  fifty  dollars   254 

585,  s.  27,  carrying  weapons   465 


858                                        Index  [1955 

Page 
Revised  Statutes  Annotated,  amended,  repealed,  etc. 

chapter  587,  s.  26,  bribes    521 

s.  27,  bribes  52? 

588,  new  .f.  3a,  subversive    organizations    259 

new  s.  3b,  construction    260 

599,  s.    4,  appeals     523 

604,  s.     3,  assignment  of  counsel  324 

607,  J.     3,  insane  prisoners   256 

620,              house  of  correction  41 

622,  s.  33,  female  convicts  47,  48,  77 

s.  34,  transfers    78 

new  s.  34a,  expenses  78 

s.  35,  sentence 48 

s.  36,  return     48 

Revised  Statutes  Annotated,  distribution    .^46,  439 

pocket  supplements  425,  426 

publication     346 

Ring,  Harry  J.,  in  favor  of   711'' 

Rochester,  city  of,  annual  meeting    755 

assessors,  appointment  755 

board  of  health,  appointment  of  755 

oaths  of  office,  taking  of   755 

police   commission    794,  795 

school  board,  term  of  office  756 

Rye  school  district,  borrowing 798,  799 

water  district,  borrowing,  authorized   461 

bonds  and  notes  461 

exclusive  acquisition   798 

St.  Paul's  Lodge  No.  30,  F.  &  A.  M.  at  Alstead,  property  authorized  742 

Salmon  Brook,  classification  of  37 

Salt  water  fish,  violations  501 

Sandwich  Notch  road,  reclassification   72 

Savings  banks,  see  Banks. 

School  aid,  see  State  aid  for  education. 

bus  operators,  certification  of    289 

examination  of    289 

district,   high   schools,  tuition   for  non-residents,   computation  241 

districts,  cooperative,  acceptance  by  board  of  education 556 

additional  aid  561,  562 

borrowing  for  capital  improvements  . .  556,  557 

capital  reserves  and  cash  balances  ....  555 
costs,  capital    improvements,    equalized 

valuation    560 

operating  cost 560 

formation  of,  petitioning  motion,  form 

of   558,  559 

property  not  taken   over  555 

local  district,  termination  of,  time  ....  559 


1955]                                      Index  859 

Page 

School  districts,  cooperative,  property  assumed  by  560,  561 

state  aid,  computation  561 

trust  funds    561 

valuation,   defined    557,  558 

votes  to  raise  money,  certification  of  .  .  535,  556 
debt  limit,  sec  Municipal  finance  act. 

emergency  bonds,  approval  of  governor  and  council  27 

authorization    25 

board  of   investigation    26,  27 

extension  of  term   27 

municipal  finance  act   25 

special  cases    25 

time  limitation 537 

foster  children,  effective  date   395 

home  for  children,   defined   338 

procedure     339 

tuition     338,  339 

non-residents,  attendance  of,  consent  required    ....  340 
superintendents,  see  State   retirement  system. 

Scott  home,  merger  authorized    771 

Seabrook,  town  of,  meetings   legalized   796 

Secretary  of  state,  appropriation    605,  67l 

capital  improvements,  record  of  bonds  and  notes  574 

deputy,  salary 526 

Seeds,  see  Plant  and  seed  certification. 

Selectmen,  highway  discontinuance,  notice  required  141 

reports  to  tax  commission  230 

Semi-trailers,  see  Motor  vehicles. 

Senate,  assistant  clerk,  compensation  563 

attaches,   compensation    563 

clerk,  compensation    563 

Service  road.  Eastern  New  Hampshire  turnpike 492 

Servicemen,  checklists,  insertion  of  names  282,  283 

Senatorial  districts,  study  committee,  appointment    728 

appropriation     728 

Session  Laws,  advance  sheets   36 

Session  Laws,  amended,  repealed,  etc. 

1837,  chapter      29,  Colby  Junior  College   736 

1860,  chapter  2426,  s.     6,  Dartmouth  savings  bank   748 

.y.     7,  officers  748 

1867,  chapter  111,  St.  Paul's  Lodge   742 

1877,  chapter  127,  s.     2,  Methodist  church   740 

1881,  chapter  161,  .?.     2,  Veteran's  Association   777 

1889,  chapter  199,  Gale  Home  738 

238,  .y.     6,  Plymouth  savings  bank  763 

1891,  chapter  241,  Rochester    795 

s.  12,  Rochester    754 

s.  17,  city  clerk    755 

J.  18,  board  of  health  755 


860                                        Index  [1955 

Page 
Session  Laws,  amended,  repealed,  etc. 

1891,  chapter  241,  j-.  19,  assessors    755 

.$•.  20,  school  board   756 

,v.  21,  term  of  office 756 

1893,  chapter  176,  repealed  778 

241,  .y.  21,  Laconia    797 

1897,  chapter  121,  .9.  10-a,  Berlin  801 

187,  Rochester   756 

193,  J-.     2,  Cheshire  savings  bank 770 

1901,  chapter  278,  Laconia    797 

1903,  chapter  255,  Littleton    780 

1905,  chapter  179,  Methodist  church    740 

1907,  chapter  231,  .?.     4,  Hancock  water  works    739 

1917,  chapter  297,  .y.     3,  Berlin     744 

s.     4,  park  commissioners  745 

344,  J-.     2,  Somersworth  churcli   770 

1919,  chapter  279,  .v.     1,  repealed   796 

1921,  chapter  270,  Veterans'  Association   777 

278,  .r.     1,  repealed     796 

1925,  chapter  205,  repealed   72 

331,  Veterans'  Association  777 

1927,  chapter  232,  Scott  home  771,  772 

1929,  chapter  296,  Gale  Home  738 

329,  J.     1,  Dover  wards  767 

1931,  chapter  265,  Episcopal  church    740 

1933,  chapter  311,  Colby  Junior  College  736 

1935,  chapter  145,  c.    4,  interstate  commission    466 

1937,  chapter     86,  s.     3,  compensation  of  members    149 

124,  s.     3,  Hilton  Park 642 

278,  Episcopal  church   740 

1941,  chapter  268,  Colby  Junior  College 736 

1943,  chapter  247,  Littleton    780 

275,  s.     1,  repealed     796 

1945,  chapter  151,  s.     1,  definitions  ' 358 

s.    2,  committee    358,  359 

.y.     3,  duties   359 

^.    4,  districts    359,  360 

s.     5,  district  supervisors     360 

s.    6,  organization ;  term  of  office   360,  361 

s.    7,  employees ;   duties    361 

s.    8,  powers  of  district  361-364 

170,  s.     1-a,  new  V,  engineer  defined  167 

new  VI,  engineering  defined    167 

.y.    4,  compensation  and  expenses   167 

s.  24,  revocations   167,  168 

s.  25,  reissuance  of  certificates   168 

J.  26,  appeal    168,  169 

s.  27,  violations  and  penalties   169 


1955]                                     Index  861 

Page 
Session  Laws,  amended,  repealed,  etc. 

1945,  chapter  183,  retirement   472 

J.     1,  definitions    477 

s.     3,  employees    477 

s.     5,  II   (b)    (c),   benefits    478 

J-.     6,  II,   disability    479 

IV,  accidental   480 

s.    8,  benefits    480 

s.  13,  I,  contributions     481-484 

III   (c),  accrued    484 

III  (d),  rate     484,  485 

III   (e),  amount  payable  485 

s.  18,  limitation    486 

new  J.  20,  excess  486 

188,  highways     460 

See  Revised  Laws,  chapter  90. 

201,  new  s.     5-a,  limitation   487 

s.     6,  II,  rate 487 

s.     7,  administration     550 

new  .y.     7-a,  election  550 

s.    7-b,  notice    551 

s.     7-c,  contributions    551 

new  s.  10,  revocation    489 

new  s.  11,  notice    489 

new  s.  12,  contributions  489 

256,  .?.    2,  Nashua  reserves  772 

265,  Berlin    801 

277,  .y.     1,  repealed 796 

1947,  chapter      8,  .y.     8,  clinics     532 

199,  s.     1,  new  IX,  definition  557,  558 

s.     3,  formation    558 

new    s.  4-a,  acceptance 556 

s.    6,  I,  date  559 

II,  III,  powers  556,  557 

s.    7,  costs  560 

s.    8,  costs  560 

s.     9,  taking  over  property 560 

new  s.     9-a,  school  districts   555 

J.  11,  trust  funds     561 

new  s.  11-a,  capital  reserves   555 

s.  14,  certification    555 

s.  15,  state  aid    561 

new  s.  15-a,  building  aid  561 

243,  new  s.     5-a,  limited  prior  service 286 

245,  new  s.    6-a,  armories     377,  378 

254,  .y.  13,  sub.  sec.  3,  excess  revenue   337 

295,  .y.     1,  new  (n) ,  turnpike  493 

378,  s.     1,  Portsmouth    761 

j'.     8,  registrars    760 


862                                          Index  [1955 

Page 
Session  Laws,  amended,  repealed,  etc. 

1947,  chapter  392,  j.  22,  Claremont    765 

394,  J.     1,  Rye  water  district   461 

.S-.     2,  bonds   461 

398,  s.  43,  Portsmouth    743 

new  jr.  45-a,  Portsmouth 758 

.y.  52,  charter 759 

.y.  67,  Portsmouth     796 

1949,  chapter  212,  pedestrians    463 

295,  timber  tax  bonds    454 

j.y.  13-16,  bonds  454 

302,  s.     3,  commission     333 

304,  s.     5,  new  IX,  civil  defense  326 

s.     9,  local  organization  327,  328 

s.  16,  personnel  328,  329 

s.  19,  arrest     329 

new  s.  23,  penalty   329 

314,  new  s.  11-a,  sexual  psychopaths  238 

378,  Scott  home 771 

389,  Littleton    780 

418,  s.     2-a,  Concord   746 

s.  12,  Concord     752 

439,  J.     8,  Keene    803 

443,  s.    9,  Wolfeboro    758 

s.  10,  bonds   758 

s.  11,  Wolfeboro    781 

1951,  chapter      4,  timber  tax  bonds   454 

83,  highway  appropriations   428 

s.     4,  appropriation     266 

s.     5,  appropriation   266 

100,  s.     1,  armed  forces   330 

s.    2,  definition   330 

216,  timber  tax  bonds  454 

234,  s.     1,  social  security  468 

II,  employment    468 

s.    2,  III,   civilians    120,  121 

V,  definitions 548 

VI,  subdivisions  469 

VIII,  code   548 

s.     3,  I,   agreement    469,  548 

new  III,  separate 470 

s.     4,  I,  contributions   549 

.y.     5,  III   (2),  deductions   549 

,s-.     7,  cost  of  administration   121 

new  s.  13,  referendum  470,  471 

254,  J.     6,  use  of  funds  4 

1953,  chapter      9,  school  districts   24-27 

10,  application    641 

11,  repealed    492 


1955]                                    Index  863 

c            T  Page 

bession  Laws,  amended,  repealed,  etc. 

1953,  chapter     34,  new  jr.   1-a,  continuing  appropriation 266 

103,  J-.     1,  fish  and  game  licenses   I35 

s.     2,  non-residents    I35 

121,  application    542 

145,  J.     4,  interstate  cooperation    4^6 

162,  application    521 

170,  timber  tax  bonds  454 

177,  J.     1,  fishing    425 

197,  s.     3,  limitation     353 

218,  new  .y.     1-a,  dredging  Hampton  Harbor   .  .  396 

new  s.     1-b,  shore  protection  395 

new  .f.     5-a,  parking  areas  332 

s.  11,  contracts  for  construction   .  . .  ., 396   397 

221,  codified  laws   345^  345'  425 

226,  s.     1,  dormitory  at  Keene  Teachers'  College  22 

J.     4,  borrowing  power   23 

J.     5,  short  term  notes  23    24 

232,  hourly  wages  45^ 

234,  J-    2,  term  of  office  ng 

s.  10,  reports     Hg^  119 

242,  j-.     3,  timber  tax 454 

249,  supplemental  appropriations    337   338 

256,  .?.  10,  repealed     454 

259,  repealed     53 

264,  ^•.     2,  IV,  state  hospital  4 

265,  s.     1,  H,  salaries    227,  525,  526,  564 

j\     6,  maintenance    227 

307,  investigation    282,  507,  715 

341,  s.     3,  Keene gQl 

351,  s.  11,  Rye 45^ 

359,  Concord    74^ 

1955,  chapter     11,  application     454   537 

28,  number  plates   216 

76,  J.    6,  takes   effect   239   240 

105,  application    52g 

132,  legislature     537 

133,  salaries  of  justices  261  426   464 

182,  salaries  of  justices    426   454 

188,  s.     1,  forest  fire  bills   5q5 

197,  subversives  5Q7 

227,  s.     3,  effective  date  395 

231,  revised  laws 7.  439 

247,  s.    4,  salaries    4O0 

261,  J.     1,  counties   51g 

Session  Laws,  printing  and  distribution 9 

Sexual  psychopaths,  transfer  of  custody  238 

Sheriff,  see  County  sheriff. 

Sheriffs,   salaries    372 


864                                        Index  [1955 

Page 

Skiing  injuries,  limitation  of  actions   331,  332 

Skunk,  season  85 

Small  claims,  number  of  claims,  limitation  removed   29,  30 

loan  licensees,  annual  reports   134,  135 

issuance    135 

Snipe,    season    42 

Social  security,  national  guard,  civilian  employees    120,  121 

see,  Retirement  system  correlated  with  OASI. 

Soil  conservation  and  domestic  allotment  act,  administration   113 

annual  report 114 

definitions  112,  113 

grants    113,  114 

limitation     Il4 

powers  and  duties  ....  114 

state  plan 113 

districts,  declaration   of   policy    358 

definitions   358 

district   supervisors,  organization    360 

powers  of    361 

employees   361 

established    359 

state  committee,  duties  359 

established    358 

Soldiers  home,  appropriation   612,  678 

capital  improvements   567 

Solicitation  of  funds,  charitable  purposes,  permits   401 

Solicitors,  county,  salaries    372 

Springfield,  town  of,  proceedings  legalized 765 

Standard  time,  see  Time. 

State  aid  for  education,  allocation  and  proration    546,  547 

building  aid,  amount   564 

approval  of  plans 564 

funds  provided    566 

proration  of  unexpended  funds  565 

time  of  computation  of  grant   565 

cooperative  school  districts  561 

declaration  of  policy 545 

equalized  valuation    547 

foundation  aid,  computation   54^ 

provided    545 

to  whom  paid  546 

state  board,  authority 547 

study  of  financial  ability   547 

unexpended  appropriation   547 

annories,  use  of  50 

board  of  health,  control  of  dumps 420,  421 

bonds,  facsimile  seal  45 

signature     45 

documents,  bureau  for  reproduction  of 389 


1955]                                     Index  865 

Page 

State  employees,  mileage  rates   388 

old  age  and  survivors'  insurance,  study  of 709 

report, 
appro- 
priation 719 

prior  service  credit  286 

retirement,  see  Retirement  system  correlated  with 
OASI. 

flag,  use  and  display  of 493 

hospital,  appropriation    613,  679 

capital  improvements   568 

appropriation    4 

committals,   physician's  certificate    517 

diagnostic  laboratories,  transferred  to  461 

directors     226,  227 

Thayer  building,  appropriation   4 

house  and  annex,  remodeling,    appropriation    571 

grounds,  capital   improvements   569,  570 

library,  appropriation    606,  673 

capital  improvements   569 

officials,  maintenance     227 

mileage  rates 388 

prior  service  credit 286 

salaries    227 

personnel,  accountants  and  auditors,  transfer  of   641 

economy  study,  appropriation    642 

authorized    642 

unnecessary  positions   642 

vacant  positions,  filling  of  642 

police,  appropriation    607,  673 

fines  and  forfeitures,  disposition  of  153 

prison,  appropriation     615,  681 

capital   improvements    568 

female  prisoners,  contracts  for   support  of   47,  48,  77,  78 

expenses  of  confinement  7^ 

good  behavior    48 

return  and  transfer 48 

transfer  of  78 

purchases,  see  Purchase  and  property,  division  of. 

retirement  system,   school  superintendents,  prior   service  credit  236,  237 

sanatorium,  appropriation    617,  683 

capital  improvements   567 

treasurer,  bounties,  supplemental  appropriation   12 

deposits   374 

facsimile  signature    108,  109 

treasury,  appropriation  607,  674 

Statute  of  limitations,  sec  Limitation  of  actions. 

Statutes,  construction  of,  registered  mail   368 


866                                        Index  [1955 

Page 

Stratford,  highwaj'  classified 42 

regulation  by  commissioner    42 

Subversive  activities,  immunity  statute  507 

investigation   708 

appropriation   282 

organizations,  evidence  of  membership   259 

Superintendent  of  state  buildings  and  grounds,  in  favor  of   7 

Superior  court,  appropriation    578,  645 

assignment  of  counsel,  fees 324,  325 

attachment  form 81 

capias  and  attachment    81,  82 

contracts,  motion  for  summary,  judgment  on   54 

executions,   return  day   139 

immunity  powers   507,  508 

replevin  83 

scire  facias    83,  84 

stenographers,  additional    402 

salaries   401 

summons  82 

trustee  process    82,  83 

writs,  return  of    80 

Supervision  of  dairy  service,  see  Agriculture. 
Support,  see  Uniform  civil  liability  for  support  act. 

Supreme  court,  appropriation 578,  645 

Sweeney,  Estate  of  Edward  C,  Jr.,  in  favor  of 720 

Switch  knife,  carrying  of  465 

Sword  cane,  carrying  of 465 

Tax  commission,  appropriation    631,  697 

municipal  audits,  publication  of  263 

municipalities,  assistance  of    371 

re-assessment,  procedure  for   465 

reports  by  selectmen 230 

exempt  property,  study  committee,  appointment    730 

appropriation    730 

poll,  see  Poll  tax. 

tobacco  products,  pre-coUection 38.'^ 

retail  consumer  387 

Taxation,  abatement,  state  tax  commission  237 

superior  court 237 

house  trailers    180 

income,  recording  of  lien 24 

institutional  exemptions,  limitation 231 

jeopardy  assessment    141 

personal  property  on  land  of  another,  assessment  148 

public  utilities,  evidence  of  value  336 

railroads,  evidence  of  value  336 

tax  exempt  propertj',  study  of 730 


1955]                                     Index  867 

Page 

Taxation,  unincorporated  places,  abatement    335 

appraisal    Ti;^:^. 

assessment    334_  335 

collection    335 

sale  of  real  estate  335 

school  money 335_  335 

water  or  air  pollution  control  facilities,  exemption 281 

Taxes,  apportionment  of    537-544 

estate,  see  Estate  tax. 
liead,  sec  Head  tax. 
inheritance,  see  Inheritance  tax. 

interest  and  dividend,  rate   504 

timber,  see  Forest  conservation  and  taxation. 

veterans  ser\  ice  exemption,  tax  exemption    456 

total  disability  434 

Teachers'  retirement  system,  study,  appropriation    725 

supplemental  appropriation   12 

Telephones,  party  lines,  emergency  calls 354 

Television,  educational  use;  study  of,  continued     118 

reports  118,  119 

Timber  tax,  see  Forest  conservation  and  taxation. 

Time,  daylight  saving  time 5 

governor  and  council   S 

standard  time 5 

Tobacco  products,  see  Tax,  tobacco   products. 

Todd,  Harold  A.,  in  favor  of   718 

Torts,  skiing  injuries,  limitation  of  actions  331^  332 

Tovi^n  highways,  change  in  grade  242 

Towns,  airport  regulations,  see  Airports. 

powers  of,  labor  union  contracts 387 

Trade  name,  registration  fee,  re-registration  fee 76 

of    435 

Trailers,  see  Alotor  vehicles, 
house,  see  Taxation. 

Trapping,   muskrat,  restriction    176 

Treasurer,  county,  see  County  treasurer. 

Trespass,  posted  land,  entry  on,  penalty    255 

game  injuries,  forfeiture  of  right  to  damages  240 

Trust  deposits  in  banks   520,  521 

Trustees  of  estates,  appointing  new  trustee,  cemetery  trusts 40 

bonds    34 

Protestant  Episcopal  Church  of  New  Hampshire,  prop- 
erty authorized  739 

trust  funds,  cemetery  trusts  40 

public,  see  Probate  court. 
Turnpike,   Eastern    New   Hampshire,    see   Eastern    New   Hampshire 
Turnpike. 


868                                          Index  [1955 

Page 

Unemployment  compensation,  absence  of   director,  deputy  to  act.  .  .  .  214 

adjustments   and  refunds    209 

advisory  council,  compensation 100 

ajipeal   to  courts    195 

tribunals,   compensation     99,  100 

benefit  eligibility  conditions   15 

availability  187,  188 

contingent  fund   207 

director      of      employment       security, 

facsimile  signature   109 

disqualifications  for  benefits 189 

social  security  pay- 
ments     11 

employer,   definition    183 

employment    exemption,     homeworkers  184 
unpaid     cor- 
porate 

officers   ...  183,  184 

injunction     209 

jeopardy  assessment  210 

merit  rates    17 

rating    199 

most  recent  employer  defined  184 

overpaid    benefit    account,    compromise 

adjustment     186 

penalties  211 

records  and  reports 206 

separate  accounts    198 

successorship     204 

wages    184,  185 

dismissal   payments    185 

weekly  benefit  rate  13 

Uniform  civil  liability  of  support  act,  amount  of  support  291 

definitions   290 

duties  of  support  291 

enforcement  of  rights 291 

jurisdiction     291 

preservation  of  private  business  records  act,  application  ....  277 

construction    .  .  277 

definitions   ....  276 

destruction    .  . .  276,  277 

reproduction?   .  277 

state  laws,  commission,  national  conferences 46 

Union  school  district  of  Keene,  gymnasium  fund,  expenditure 799,  800 

United  Baptist  Church  of  Somersworth,  property  increase 770 

States  government,  land  owned  by,  highways  on   119 

lands  ceded  to,  military  bases  333,  334 

Unincorporated  places,  taxes,  see  Taxation. 


1955]                                     Index  869 

Page 

University  of  New  Hampshire,  appropriation    619,  685 

dormitory,  appropriation    251,  252 

bonds  and  notes,   liquida- 
tion      253 

sale    ot  252 

state  . .  251,  252 

library,  appropriation    312 

borrowing  for   312 

liquidation  of  bonds  or  notes  313 

sale  of  bonds  or  notes 313 

short  term  notes 313 

state  bonds  or  not    312 

reciprocal       education      agreements, 

appropriation   717 

Upper  Connecticut  river,  limited  fishing   425 

Veterans,  checklists,  insertion  of  names    282,  283 

council,  appropriation   604,  670 

day   218 

service  exemption,  husband  and   wife   457 

proration 457 

provided    456 

residence     457 

total  disability 434 

Veterinary  examiners,  appointment  of    228 

compensation   228 

examination     229 

fees    229 

practice,  temporary  license   228 

Vital  statistics,  illegitimate  children 221 

reports  of  birth 221 

Wages,  minimum   455 

payment  to  surviving  spouse  89 

Water  pollution  commission,  appropriation     633,  698 

membership,  planning  director   125,  126 

control  facilities,  tax  exemption  281 

reclamation  projects,  use  of  rotenone  110 

resources  board,  appropriation     626,  691 

capital  improvements    569 

dams  and  water  rights,  acquisition  authorized  528,  529 

tax  exemption  529 

groundwater   resources,   study,    appropriation  727 
improvement    of    small   water   sheds,    appro- 
priation      723 

property  and  rights  acquired,  tax  exemption, 

reimbursement  of  towns,  appropriation  . .  .  532 

basis    531 

Clarksville     ....  531 

Pittsburg     531 


870 


Index 


[1955 


Page 

Waters,  drinking,  highway  construction,  regulation  of   371 

public,  great  ponds,  artificial  fill,  authority 370 

prohibition    369 

removal     370 

refuse  and  rubbish,  penalty  244 

surface,   Cheshire  county,  classification  of   242 

Weapons,  carrying  of   465 

Weights  and  measures,  fees  for  inspection 364 

Winant  property,  disposition  of    532 

Winnipesaukee,  see  Lake  Winnipesaukee. 

Wolfeboro  Village  fire  precinct,  borrowing 758 

serial  bonds   781 

Woodcock,  season    42 

Workmen's  Compensation,  agreements   for   compensation    459 

awards  and  agreements,  modification  of  .  .  133,  134 

death  benefits    127,  128 

hearings  and  awards   133 

maximum  benefits    132,  133 

notice  of  claim,  contents   127 

in  writing 127 

time  limit   127 

permanent  partial  disability,  compensation 

for   130,  131,  132 

total    disability,    compensation 

for    129 

temporar}'  partial  disabilit}-,  compensation 

for    129,  130 

total     disability,     compensation 

for    128,  129 

Writs  and  processes,  attachment  form   81 

capias  and  attachment    81,  82 

facsimile  signature 77 

replevin  83 

return  of  writ 80 

scire   facias    83,  84 

summons     82 

trustee  process 82,  83 


Yield  right-of-way  signs,  see  Motor  vehicles. 


N 

345. 12 
N53 
1955