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

LAWS 



of the 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1957 

LEGISLATURE CONVENED JANUARY 2, 1957 
ADJOURNED AUGUST 2, 1957 




CONCORD, N. H. 
1957 



kf/i/ 

\ ■ " \^ 



Printed by 

Granite State Press, Inc. 

Manchester, N. H. 



Bound by 

Neal Printing and Binding Co. 

Dover, N. H. 



STATE OFFICERS 



Governor 



Councilors 



Adjutant General 



Aeronautics Commission, N. H. 
Director 



Agriculture, Commissioner of 

Atto7mey -General 

Deputy Attorney -General . 



Assistant Attorneys-General . 

Charitable Trusts, Director of 

Bank Commissioner 

Deputy Commissioner 



r 



Cancer Commission, State 



Comptroller 

Education, Commissioner of 

Fire Control, State Board 

State Fire Marshal 

Fish and Game Department, Director 



Lane Dwinell 

Charles H. Whittier 
i Renfrew A, Thomson 
Roger Brassard 
Frederic H. Fletcher 
John P. H, Chandler, Jr, 

Francis B. McSwiney 



W. Russell Hilliard 

Perley I. Fitts 

Louis C. Wyman 

Warren E. Waters 

Elmer T. Bourque 
Jarlath M. Slattery 
John J. Zimmerman, Jr, 
William J. Deachman 

Ernest R. D'Amours 

Winfield J. Phillips 
James W. Nelson 

George W. Boynton 
Joseph W. Epply 
Joseph N. Friborg 
George C. Wilkins 
James W. Jameson 

Arthur E. Bean 

Austin J. McCaffrey 



Aubrey G. Robinson 
Ralph C. Carpenter, 2d 



VI 



State Officers 



Forestry and Recreation Department 

State Forester William H. Messeck, Jr. 

Director of Recreation Russell B. Tobey 



Health Department, State 

State Health Officer 

Deputy State Health Officer 
Registrar of Vital Statistics . 



Insurance Commissioner 
Deputy Commissioner 



Judicial Council 



Labor Comniissioner , . . 

Employment Security 

Division, Director . 



Mary M. Atchison 
Vacant by leave of absence 
Marian G. Maloon 

Donald Knowlton 
Simon M. Sheldon 

Frank R. Kenison 
John H. Leahy 
Richard E. Shute 
Robert E. Earley 
Robert W. Upton 
Maurice F. Devine 
H. Thornton Lorimer 
Edward J. Gallagher 

Adelard E. Cote 
Charles Griffin 



Employment Service Bureau, 

Director Abby L. Wilder 



Unemployment Compensation 
Bureau, Director 



Library Commission, State 



State Librarian 

Assistant State Librarian 

Liquor Commission, State . . 



William C. Chamberlin 

William L. Dunfey 
Harry E, Sherwin 
Charlotte Morrison 
Elwin L. Page 
L Addie E. Towne 

Mildred Peterson McKay 

Emil W. Allen, Jr. 

f Ray E. Tar box 
\ William A. Styles 
i Franklin Flanders 



State Officers vii 

r Royal W. Smith 

Milk Control Board \ Maurice G. Chase 

(^ Mabel LaMontagne 

Motor Vehicle Commissioner Frederick N. Clarke 

Deputy Commissioner Kennard E. Goldsmith 

Director of Safety Ralph V. Gould 

Road Toll Administrator John S. Mara 

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

Planning and Development 
Commission, State 

Publicity Director John Brennan 

Executive Director Ernest L. Sherman 

Industrial Director Winfred L. Foss 

Planning Director Charles L. Crangle 

Police, State, Superintendent Ralph W. Caswell 

f Amos N. Blandin, Jr. 

Probation, Board of . <j Burt R. Cooper 

[ Ada C. Taylor 

Director Richard T. Smith 

r Harold K. Davison 

Public Utilities Commissio7i <| Blaylock Atherton 

[^ Edward R. Thornton 

Public Welfare, Commissioner of . . James J. Barry 

Public Works and Highways, 

Commissioner of John 0. Morton 

Deputy Commissioner Robert H. Whitaker 

Assistant Commissioner J. Harold Johnson 

Purchase and Property, Director .... Richard N. Peale 

f Robert E. Allard 

Racing Commission, State <| Emmet J. Kelley 

(^ George H. Grinnell 



viii State Officers 

Secretary of State Harry E. Jackson 

Deputy Robert L. Stark 

State Buildings and Grounds, 

Superintendent Wayne B, Elwell 

f Lawton B. Chandler 

Tax Commission, State ^ Oliver W. Marvin 

[^ John B. Evans 

Treasurer, State Alfred S. Clones 

Deputy • , Philip D. Mclnnis 

Veterans Council, State Director .... Charles R. Cunningham 

Water Resources Board, 

Chairman Walter G. White 



Courts ix 



SUPREME COURT 

Chief Jiistice Frank R. Kenison 

[ Amos N. Blandin, Jr, 

. . ^ r ,. I Laurence I. Duncan 

Assoctate Justices .....< „ , ^ ^ t 

] Edward J. Lampron 

I Stephen M. Wheeler 



SUPERIOR COURT 

Chief Justice John H. Leahy 

George R. Grant, Jr. 
Robert F. Griffith 
William A. Grimes 
Dennis E. Sullivan 
William W. Keller 
Thomas J. Morris 

State Reporter George 0, Shovan 



Associate Justices 



THE LEGISLATURE OF 1957 



SENATE 



President — Eralsey C. Ferguson, Pittsfield 

Clerk — Benjamin F. Greer, Grasmere 

Counsel to the Senate — Maurice J. Murphy, Jr., Portsmouth 

Senate Recorder — Esther T. Hurd, Concord 

Sergeant-at-Arms — Nathan A. Tirrell, Goffstown 

Messenger — Maurice F. Youmans, Warner 

Assistant Messenger — Charles E. Woodbury, Hooksett 

Doorkeeper — Daniel Cronin, Manchester 



SENATORS 



Laurier Lamontagne, Berlin 
Daniel A. O'Brien, Lancaster 
Ida M. Horner, Thornton 
Forrest W. Hodgdon, Tuftonboro 
Edward J. Bennett, Bristol 
James P. Rogers, Laconia 
James C. Cleveland, New London 
Margaret B. DeLude, Unity 
Elmer M. Anderson, Concord 
E. Everett Rhodes, Walpole 
Robert English, Hancock 
Nelle L. Holmes, Amherst 



Louis W. Paquette, Nashua 
Eralsey C. Ferguson, Pittsfield 
Herbert W. Rainie, Concord 
Norman A. Packard, Manchester 
Marye Walsh Caron, Manchester 
Paul E. Provost, Manchester 
Paul H. Daniel, Manchester 
Lucien E. Bergeron, Rochester 
Paul G. Karkavelas, Dover 
Benjamin C. Adams, Derry 
Dean B. Merrill, Hampton 
Cecil Charles Humphreys, New Castle 



HOUSE OF REPRESENTATIVES 

Speaker — W. Douglas Scamman, Stratham 

Clerk — George T. Ray, Jr., Bristol 

Assistant Clerk — Francis W. Tolrnan, Nelson 

Sergeant-at-Anns — Lloyd E. Fogg, Milan 

Chaplain — Rev. Telfer Mook, Concord 

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. A. Robinson, Dover 

Doorkeeper — Ernest C. Pillsbury, Sandown 



The Legislature of 1957 



XI 



ROCKINGHAM COUNTY 



Atkinson, George W. White, Sr., r. and d. 
Auburn, Margaret A. Griffin, r. and d. 
Brentwood, Feme Prescott, r. 
Candia, Karl J. Persson, r. 
Chester, Walter P. Tenney, r. 
Danville, George W. Shattuck, r. 
Deerfield, Roland C. Batchelder, r. 
Derry, Kenneth M. Bisbee, r. 

Harry E. Clark, r. 

Charles H. Gay, r. 

Joseph V. Stancik, r. 
East Kingston, Guy E. Nickerson, r. 
Epping, Edmond G. Blair, d. 
Exeter, Edwin W. Eastman, r. 

Emory P. Eldredge, r. 

Sayre Merrill, r. 

James C. Rathbone, r. 
Hampstead, Doris M. Spollett, r. 
Hampton, Douglass E. Hunter, r. 

Carl M. Lougee, r. 
Hampton Falls, Ralph Sanborn, r. 
Kensington, Charles R. Eastman, d. 
Kingston, Nathan T. Battles, r. 
Londonderry, Draper W. Parmenter, r. 
Newfields, Thomas R. Sheehy, r. 
Neivington, William F. Mott, r. 
Newmarket, Arthur A. Labranche, d. 
F. Albert Sewall, d. 



Neioton, George L. Cheney, r. 
North Hampton, George G. Carter, r. 
Northivood, Ernest L. Pinkham, r. 
Nottingham, John A. Perkins, d. 
Plaistow, Mildred L. Palmer, r. 
Portsmouth, 

Ward 1, Andrew J. Barrett, d. 
Mary C. Dondero, d. 
Lise L. Payette, d. 
Ann Sadler, d. 
Harry A. Wood, r. 
Word 2, Harry H. Foote, r. 

Margaret M. Hayes, r. 
Henry S. Murch, Jr., r. 
Ward 3, C. Cecil Dame, r. 
James J. Joyce, r. 
William J. Wardwell, r. 
Ward If, Robert R. Blaisdell, Sr., r. 
Ward 5, Harold O. Russell, d. 
Raymond, Herbert W. Landrigan, 

d. and r. 
Rye, Manning H. Philbrick, r. 
Salem, Walter F. Haigh, r. 

Leonard B. Peever, r. 
Howard S. Willis, r. 
Seabrook, Myron B. Felch, r. 
Stratham, W. Douglas Scamman, r. 
Windham, Robert W. Thorndike, r. and d. 



STRAFFORD COUNTY 



Barrington, Dorothy B. Berry, r. and d. 
Dover, 

Ward 1, Alice F. Blanchette, d. 
Max W. Leighton, r. 
Guy M. Wiggin, r. 
Ward 2, J. Hector Desjardins, d. 

George A. LaBonte, r. 
Ward 3, Thomas C. Dunnington, r. 

Martha G. Webb, r. 
Ward !i, William H. Connell, r. 
Harley A. Crandall, r. 
Melvin F. Morrison, r. 
Word 5, Jeremiah J. Murphy, d. 
Durham, Elsie M. Brown, r. 

Albert D. Littlehale, r. 
William M. Stearns, r. 
Farmington, George T. Oilman, r. 

Philip H. Weymouth, r. 
Middleton, Donald E. Francoeur, r. 
Milton, Ruth H. Dawson, r. 



New Durham, Idanelle T. Moulton, r. 
Rochester, 

V/ard 1, Ernest L. Rolfe, r. 

Ward 2, Fred Maxfield, r. 
Albert Nelson, r. 

Ward 3, Edgar J. Carignan, d. 

Ward //, Alphonse Lacasse, d. 

Angeline M. St. Pierre, d. 

Ward 5, Norma Studley Currier, r. 

Ward 6, Arnold T. Clement, r. 
Edgar G. Varney, r. 
RoUinsford, Blanche E. Valliere, d. 
So77iersworth, 

Ward 1, Sarkis N. Maloomian, d. 

Ward 2, John F. Beamis, d. 

Ward 3, Clovis J. Cormier, d. 

Ward J/, Edmond Hebert, d. 

Ward 5, James F. Malley, d. 
Strafford, Albert H. Brown, r. 



Xll 



The Legislature of 1957 



BELKNAP COUNTY 



Alton, Arthur S. Rollins, r. 
Barnstead, Arthur H. McAllister, r. 
Belmont, Harold B. Haggett, r. 
Center Harbor, L. Keith Matheson, r. 
Gilford, Marion M. Lord, r. and d. 
Gilmanton, William T. Robertson, r. 
Laco7iia, 

Ward 1, Rene C. Lacaillade, r. 
Walter D. McCarthy, r. 

Ward 2, Aime H. Morin, d. 

Alfred W. Simoneau, d. 



Ward 3, Elmer S. Tilton, r. 
Ward -'f, Peter S. Karagianis, r. 

Albert Lucier, r. 
Ward 5, Henry I. Burbank, r. 

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

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

Joseph F. Smith, r. 
Sanbornton, Marion H. Atwood, r. and d 
Tilton, Warren F. Metcalf, r. 



CARROLL COUNTY 



Albany, Ruth T. Morrill, r. 
Bartlett, Earle W. Chandler, r. and d. 
Brookfield, Howard P. Sawyer, r. 
Conway, Burnham B. Davis, r. 

Nettie M. Hill, r. 

Milburn F. Roberts, r. 
Effiingham, John G. Thompson, r. 



Moultonborough, Stewart Lamprey, r. 
Ossipee, Arthur Willmott, r. 
Tamworth, George R. Nickerson, r. 
Wakefield, Clarence E. Peaslee, r. 
Wolfeboro, Emery W. Carr, r. 

Russell G. Claflin, r. 



MERRIMACK COUNTY 



Allenstown, Edgar A. Baron, d. 
Andover, Victor E. Phelps, d. 
Boscaiven, George D. Kenevel, r. and d. 
Bow, Wilbur H. Vaughn, r. 
Bradford, Reuben S. Moore, r. 
Canterbury, Austin R. Turner, r. and d. 
Chichester, James C. Bates, Sr., r. 
Concord, 

Ward 1, John W. Allen, r. 

Joseph F. Lafford, r. 
V/ard 2, Alice Davis, r. 
Ward 3, Arthur F. Henry, r. 
Ward If, Charles H. Cheney, r. 
Harold C. Gibson, r. 
John C. \\Tiite, r. 
Ward 5, Clarence Lessels, r. 

Gordon M. Tiffany, r. 
Ward 6, George H. Corbett, r. 
Guy Jewett, r. 
Eugene J. O'Neil, r. 
Ernest W. Saltmarsh, r. 
Ward 7, Harold L. Barnard, r. 
G. Carroll Cilley, r. 
Paul B. Maxham, r. 
Shelby O. Walker, r. 
Ward 8, Victoria E. Mahoney, r. and d. 



Ward 9, Joseph J. Comi, r. 
Pasquale Rufo, r. 
Danbury, Roy K. Sargent, r. 
Dunbarton, John E. Bunten, r. 
Epsom, Eleanora C. Nuter, d. and r. 
Franklin, 

Ward 1, Basil Broadhurst, r. 
Ward 2, James M. Burke, d. 

Theodore E. Kenney, d. 
V/ard 3, Albert M. Ayotte, r. 

Arthur B. Leonard, r. 
Ilenniker, Lewis H. Carpenter, r. 
Hill. George C. Mason, r. 
Hooksett, Edward M. DuDevoir, d. 

John B. Mulaire, r. 
Hopkinton, Lewis A. Nelson, r. 
Loudon, Everett K. Jenkins, r. 
Neiv London, Paul B. Gay, r. 
Northfield, Fred G. Wilman, r. 
Pembroke, George D. Thibeault, d. 
K. Donald Woodbury, d. 
Pittsfield, Mary R. Ayer, r. 

E. Harold Young, r. 
Sutton, Harold W. Chadwick, r. 
Warner, L. Waldo Bigelow, Jr., r. 



The Legislature of 1957 



Xlll 



HILLSBOROUGH COUNTY 



Amherst, Orson H. Bradgon, r, 
Antrim, Ellerton H. Edwards, r. 
Bedford, Ralph M. Wiggin, Sr., r. 
Goffstown, A. Kenneth Hambleton, r. 
Rufus L. Jennings, r. 
Elmer B. Nickerson, r. 
Alfred W. Poore, r. 
Greenfield, Hobart M. Adams, r. 
Greenville, O. John Fortin, d. 
Hancock, Julius Q. Pickering, r. and d. 
Hillsborough, R. Wayne Crosby, r. 
Hollis. Henry E. Williams, r. 
Hudson, Roland W. Abbott, r. 

Christopher F. Gallagher, d. 
J. Amedee Paul, d. 
Lyndeborough, Edward George Warren, r. 
Manchester, 

Ward 1, Greta M. Ainley, r. 
Samuel Green, r. 
James Pettigrew, r. 
Emile J. Soucy, r. 
Ward 2, Harry J. Danforth, r. 
Frederic H. Dewey, r. 
Joseph H. Geisel, r. 
John Pillsbury, r. 
Kenneth W. Robb, r. and d. 
Ward 3, Michael J. Dwyer, d. 
Louis I. Martel, d. 
Joseph A. Nerbonne, r. 
Thomas F. Sullivan, d. 
Ward Jf, John F. Kelley, d. 

Thomas F. Nolan, d. 
Patrick J. Winston, d. 
Ward 5, Stanley J. Betley, d. 
Anna H. Douville, d. 
Jeremiah B. Healy, d. 
George W. Smith, d. 
Edward J. Walsh, d. 
Ward 6, John H. Callahan, d. 
Denis F. Casey, d. 
Edward D. Clancy, d. 
Joseph Ecker, d. 
Daniel J. Healy, d. 
Michael F. O'Connor, d. 
Ward 7, James J. Burke, d. 

Charles J. Leclerc, d. 
Adrien A. Paradis, d. 
Alonzo J. Tessier, d. 



Ward 8, Wilfred J. Bonenfant, d. 
Edward Champagne, d. 
William H. Craig, Jr., d. 
Eugene Delisle, Sr.. d. 
Roger E. Hebert, d. 
Ward 9, Beatrice B. Cary, d. 

Edward W. Morris, d. 
Ward to, Alfred A. Bergeron, d. 
Paul L. Gilmartin, d. 
John J. Kearns, d. 
John W. King, d. 
Ward 11, George J. Hurley, d. 
George E. Lafond, d. 
Roger L. Philibert, d. 
Ward 12, Raymond G. Hebert, d. 
Edward T. Martel, d. 
Joseph C. Nalette, d. 
Louis J. Soucy, d. 
Ward 13, Albert N. Dion, d. 

Lorenzo P. Gauthier, d. 
Lucien J. Gelinas, d. 
Origene E. Lesmerises, d. 
Arthur E. Thibodeau, d. 
Ward IJf, James Christy, d. 

Roger J. Crowley, d. 
Marcel H. Leclerc, d. 
Mason, Tracy A. Eaton, r. 
Merrimack, Bert L. Peaslee, r. 
Milford, David Deans, Jr., r. 

William M. Falconer, r. 
*Fred T. Wadleigh, r. 
Nasliita, 

V/ard 1, Mabel Thompson Cooper, r. 
Roland L. Cummings, r. 
Alice L. Ramsdell, r. 
William A. Saunders, r. 
Ward 2, Clara M. Record, r. 

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

Hector J. Trombly, d. 
Ward .!,, Winslow P. Ayers, d. 

Cornelius M. Brosnahan, d. 
Ward 5, David E. Dufour, d. 
Albert Maynard, d. 
Ward 6. John B. Dionne, d. 
Ernest Marcoux, d. 
Ward 7, Arthur J.Chartrain, d. 
Frank E. Ryan, d. 
Dennis F. Sweeney, d. 



* Died. 



XIV 



The Legislature of 1957 



Hillsborough County — Continued 

Ward 8, Arthur Bouley, d. 

Charles A. Dugas, d. 

Peter Z. Jean, d. 

John H. Latour, d. 

Frank C. Sabluski, d. 
Ward 9, Paul E. Bouthillier, d. 

Peter J. Duniais, d. 
New Boston, Edward F. Locke, r. 



New Ipswich, William T. Thompson, r. 
Pelfiam, Andrew L. Mailloux, r. 
Peterhornugh, Chester F. Button, r. 
Benjamin M. Rice, r. 
Sharon, John M. Street, r. 
Weare, Scott F. Eastman, d. and r. 
Wilton, F. Howard Bardol, r. 
Windsor, James I. Hines, r. 



CHESHIRE COUNTY 



Alstead, Peyton R. H. Washburn, r. 
Chesterfield, Walter J. Post, r. 
Fitzivilliam, Lewis R. Pike, r. and d. 
Harrisville, John N. Clark, d. 
Hinsdale, Orson G. Smith, r. 
Jaffrey, Anne B. Gordon, r. 
Carl C. Spofford, r. 
Keene. 

Ward 1, Charles P. Haley, r. 
Roy L. Terrill, r. 
Walter T. Winch, r. 
Ward 2, James E. McCullough, r. 

Kirke W. Wheeler, r. 
Ward 3, Frank J. Bennett, r. 

Edward E. Brown, r. 
Ward Jf, Leroy E. Codding, r. 
Ellen Faulkner, r. 



Ward 5, Leslie J. Farr, r. 

Laurence M. Pickett, r. 
Marlhoroufih, Wallace B. Oliver, r. 
Nelson, Janet Tolman, r. 
Richmond, Eric M. Ostlund, Ind., 
Roxbury, William Yardley, Ind. 
Stoddard, Charles C. Eaton, r. and d. 
Sullivan, Harvey W. Swett, r. 
Sioanzey, J. Edward Bouvier, r. 

Joseph Kershaw, r. 
Troy, Robert H. Congdon, d. 
Walpole, Louis S. Ballam, r. and d. 

Robert L. Galloway, Sr., r. and d. 
Westmoreland, John H. Terry, Jr., r. 
Winchester, Frederick H. Ingham, r. 

Alexander P. Thompson, r. 



SULLIVAN COUNTY 



Charlestoivn, Martha McD. Frizzell, r. 
Claremont, 

Ward 1, Harry Bloomfield, r. 
*Arthur E. Howe, r. 
Amos E. Russell, r. 
Ward 2, George W. Angus, r. 
Lytle A. Monblo, r. 
Sam J. Nahill, r. 
Ward 3, Carmine F. D'Amante, d. 
Alton G. Desnoyer, d. 
Clifton Simms, d. 



Cornish, Fred Davis, r. 
Croydon, Leland L. Riley, d. and r. 
Grantham, Doris C. Reney, r. 
Newport, Herbert E. Brown, r. 

Fred J. Karr, r. 

Jesse R. Rowell, r. 

Joseph D. Vaughan, r. 
Plainficld, Arthur H. Chivers, r. 
Siinapee, George R. Merrifield, r. and d. 
Washington, Perley H. Crane, r. and d. 



Died. 



The Legislature of 1957 



XV 



GRAFTON COUNTY 



Ashland, Thomas Pryor, r. 
Bethlehem, Malcolm J. Stevenson, r. 
Bridgewatcr, Gertrude M. Bucklin, r. 
Bristol, Bowdoin Plumer, r. 
Cavipton, Philip S. Willey, r. 
Canaan, Joseph L. Graham, r. 
Enfield, Isaac H. Sanborn, r. and d. 
Franconia, Nina E. Peabody, r. 
Grafton, Elsie F. Williams, r. 
Groton, Lauie A. Nettleton, r. 
Hanover, David J. Bradley, r. 

Florimond DuS. Duke, r. 

Elizabeth W. Hayvvard, r. 

Robert S. Monahan, r. 
Haverhill, Wilfred J. Larty, r. 

Norman A. McMeekin, r. 
Hebron, Oscar V. Morse, r. 
Holderness, Stanley A. Chamberlain, r. 



Lebanon, Arthur F. Adams, r. 

Forrest B. Cole, r. 

Fred A. Jones, r. 

J. Daniel Porter, r. 

Harry S. Townsend, r. 

Gladys L. Whipple, r. 
Lincoln, George M. McGee, Sr., d. 
Lisbon, Rita Collyer, r. 
Littleton, Charles F. Armstrong, r. 
Fred Kelley, r. 
Eda C. Martin, r. 
Lyme Harold W. Haskins. r. 
Plymouth, Kenneth G. Bell, r. 

Suzanne Loizeaux, r. 
Rumney, Jesse A. Barney, r. and d. 
Warren, Fayne E. Anderson, r. 
Woodstoch, Thomas F. Sawyer, r. and d. 



COOS COUNTY 



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. 
Ward 3, Hilda C. F. Brungot, r. 

Marie A. Christiansen, r. 
Ward li, Jennie Fontaine, d. 

Rebecca A. Gagnon, d. 
Clarence J. Lacasse, d. 
Clarksville, Quinten Heath, Ind. 
Colehrook, Harry S. Alls, r. 
Diimmer, Mark S. Rix, r. 



Gorhatn, George W. W. Graham, r. 

George H. Keough, r. 
Lancaster, John D. Cornelius, r. 

Walter E. Swett, r. and d. 
Milan, R. Wilbur Potter, r. 
Northumberland, Walter O. Bushey, d. 

Lyle E. Hersom, r. 
Randolph, Herbert R. Richardson, 

r. and d. 
Shelburne, Victor L. Kidder, r. 
Stewartstown, Ray W. Placy, r. 
Stratford, Bert Stinson, d. 
Went worth's Location, Florence Govild, r. 
Whiteficld, Ada C. Taylor, r. 



Fred T. Wadleigh deceased, replaced by Anne L. Hutchinson, r. 
Arthur E. Howe deceased, replaced by Arthur L. Bradbury, r. 



LAWS 

OF THE 

STATE OF NEW HAMPSHIRE 

JANUARY SESSION OF 1957 



CHAPTER 1. 

AN ACT RELATIVE TO BORROWING BY CREDIT UNIONS. 

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

1:1 Credit Unions. Amend RSA 394:27 by inserting at the end 
of said section the words : Said borrowing- under the provisions of this 
section shall be for one year at a time, and authorization therefor shall 
be voted upon at each annual meeting, so that said section as amended 
shall read as follows: 394:27 Borrowing. When authorized so to do by 
the members at any annual meeting, or at a special meeting called for 
the purpose, the board of directors, with the approval of the commis- 
sioner, may borrow money for the purpose of re-loaning to members. 
Said borrowing under the provisions of this section shall be for one year 
at a time, and authorization therefor shall be voted upon at each annual 
meeting. 

1:2 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved January 31, 1957.] 



CHAPTER 2. 



AN ACT RELATIVE TO DESTRUCTION OF RECORDS OF LIQUIDATION OF BANKS 
BY THE BANK COMMISSIONER. 

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

2:1 Liquidation of Banks. Amend RSA 395 by inserting after 
section 31 the following new section: 395:32 Destruction of Records. 

Records and papers preserved in the office of the bank commissioner and 
concerned with the liquidation of a bank, as provided for in this chapter, 
may be destroyed at the end of ten years after such liquidation proceed- 
ings have been completed. 

2:2 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved January 31, 1957.] 



2 Chapters 3, 4, 5 [1957 

CHAPTER 3. 

AN ACT DEFINING THE TERM "GOVERNOR AND COUNCIL." 

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

3:1 Statutory Construction. Amend RSA 21 by inserting after 
section 81 the following new section: 21:31-a Governor and Council. 

The phrase "governor and council" shall mean the governor with the 
advice and consent of the council. 

3:2 Takes Effect. Notwithstanding may other provision of law 
this act shall take effect upon its passage. 

[Approved February 6, 1957.] 



CHAPTER 4. 



AN ACT RELATIVE TO CORRECTION OF ASSESSMENTS FOR PAYMENT OF 

INCOME TAXES. 

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

4:1 Income Tax. Amend RSA 77:28 by striking out said section 
and inserting in place thereof the following: 77:28 Correction of 
Assessment. At any time within six years from May first in any year 
if the commission shall find that any taxable person did not file a return, 
or filed a false, fraudulent, insufficient or incorrect return and would 
have been liable for a tax or for a greater tax than that assessed, the 
commission may assess and collect such tax, or any additional tax found 
to be due together with the penalties herein imposed. 

4:2 Takes Effect. This act shall take effect sixty days after its 
passage. 
[Approved February 6, 1957.] 



CHAPTER 5. 



an act providing additional funds for the payment of so-called 

Korean bonus. 

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

5:1 Korean Bonus. Amend 1955, 286:1 by striking out said 
section and inserting in place thereof the following: 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 



1957] Chapter 5 3 

forces of the United States from June 25, 1950, to July 27, 1953, who at 
the time he or she entered such active miUtary service was a bona fide 
resident of this state, and who meets one of the following conditions, 
shall be entitled to the benefits provided for hereunder: (1) Who has 
been discharged, released or has a certificate of service from such armed 
forces under honorable conditions or (2) has remained a member of 
said armed forces after serving for such ninety-day period and shall 
present to the adjutant general a properly authenticated statement of 
service showing satisfactory service during said period. 

5:2 Increase in Funds Authorized. Amend 1955, 286:5 by insert- 
ing after the word "million" where it occurs in the third and seventh 
lines the words, nine hundred fifty thousand, and by adding at the end 
thereof the words: The appropriation hereunder shall be a continuing 
appropriation and shall not lapse, so that said section as amended shall 
read as follows: 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, nine hundred 
fifty thousand 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 the credit of the 
state a sum not exceeding one million, nine hundred fifty thousand 
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. The appropriation hereunder shall be a 
continuing appropriation and shall not lapse. 

5:3 Borrowing. Amend 1955, 286:7 by inserting after the word 
"million" in the seventh line the words, nine hundred fifty thousand, so 
that said section as amended shall read as follows: 7 Short-Term 
Notes. Prior to the issuance of the bonds hereunder the state treasurer, 
with the approval of the governor 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, nine hundred fifty thousand 
dollars. 

5:4 Limitation. Amend 1955, 286 by inserting after section 8 the 
following new section: 8-a Applications. No applications for pay- 
ment of bonus for military service, whether provided hereunder or under 
any other provision of law, shall be received by the adjutant general 
after July 1, 1958; and on July 1, 1958 all authorizations for the issuance 
of bonds or notes, including short term notes, to provide for the payment 
of any such bonus shall terminate with respect to bonds or notes not 
then issued. 

5:5 Takes Effect. This act shall take eff'ect upon its passage. 
[Approved February 7, 1957.] 



4 Chapters 6, 7 [1957 

CHAPTER 6. 

AN ACT RELATIVE TO POSTING NOTICES FOR CAUCUSES. 

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

6:1 Election Caucus. Amend RSA 56:87 by striking out the word 
"five" and inserting in place thereof the word, four, and by striking out 
the words "one of which places shall be the post-office, if there is one in 
said town or ward" so that said section as amended shall read as follows : 
56:87 Notice. All town and ward caucuses shall be called by a notice 
posted in four conspicuous places in the town or ward and published in 
some newspaper, if there be any published in the town or city, ten days 
or more before the day of the caucus. Such notice shall specify the place, 
day and hour of meeting, and the time during which the polls will be 
open for the reception of ballots. 

6:2 Takes Effect. This act shall take effect sixty days after its 
passage. 
[Approved February 14, 1957.] 



CHAPTER 7. 



AN ACT RELATIVE TO NONRESIDENT HAIRDRESSERS AND HAIRDRESSER 

DEMONSTRATORS. 

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

7:1 Hairdresser Demonstrators. Amend RSA 314 by inserting 
after section 20 the following new section : 314 :20-a Licenses Required. 
I. Definition. "Demonstrator," shall mean any person who engages in 
behalf of a manufacturer, wholesaler, retailer or distributor in demon- 
strating the use of any machine or other article pertaining to hair- 
dressing without charge to the person who is subject to such demonstra- 
tion, n. License. Any person who has had at least three months 
practical experience as a hairdresser demonstrator may be licensed as 
such demonstrator by the board, provided that application for such 
license shall be accompanied by a notarized affidavit from each manu- 
facturer, or distributor for whom she is or was employed during said 
three-months period and the fee as provided in RSA 314:21 has been 
paid. Said applicant for license shall also furnish to the board two 
pictures of herself. Any person who is registered under this chapter as 
a hairdresser, operator or instructor, may, upon payment of the fee for 
demonstrator, be licensed as such demonstrator. IH. Regulations. 
Demonstrations by licensed demonstrators shall be given only in a regis- 
tered shop, in the business quarters of distributors of supply houses in 



1957] Chapter 7 5 

this state, at hairdressers' trade shows or meetings in the presence of 
licensed shop owners and their employees, or in schools of beauty cul- 
ture with a licensed instructor in attendance. IV. Prohibition. It 
shall be unlawful for any person to practice as a hairdresser demonstra- 
tor in this state unless he shall first have obtained a license therefor un- 
der the provisions of this section. 

7:2 Fees. Nonresident Hairdresser, Demonstrators. Amend RSA 
314:21 by striking out said section and inserting in place thereof the 
following: 314:21 Fees. Except as herein otherwise provided, the 
fees established hereunder to be paid to said board shall be as follows: 

Applicant Original Renewal 

School $25.00 $25.00 

Shop (hairdresser) if application is made 
originally between April first and June 

thirtieth of any year 7.00 5.00 

Shop (hairdressing) 10.00 5.00 

Short-term Shop (hairdressing or mani- 
curing) 5.00 5.00 

Manicuring Shop 5.00 3.00 

Hairdresser 5.00 2.00 

Nonresident Hairdresser 25.00 2.00 

Manicurist 3.00 2.00 

Nonresident Manicurist 5.00 5.00 

(After issuance of nonresident mani- 
curist's license if applicant subsequent- 
ly becomes a bona fide resident of this 

state) renewal fee 2.00 

Examination, including original license: 

Hairdresser 10.00 2.00 

Manicurist 10.00 2.00 

Hairdresser Instructor 5.00 2.00 

Shop Management 10.00 5.00 

Demonstrators 10.00 5.00 

7:3 Prohibition. Amend RSA 314:24 by inserting after the word 
"whoever" in the first line the words, demonstrates or attempts to 
demonstrate as a haiddresser demonstrator or, so that said section as 
amended shall read as follows: 314:24 Penalties. Whoever demon- 
strates or attempts to demonstrate as a hairdresser demonstrator or 
practices or attempts to practice the occupation of hairdressing or mani- 
curing unless licensed by the board, and whoever conducts or attempts to 
conduct a school, shop, or establishment not registered by said board, 
and whoever violates any provision of this chapter or any rule or regula- 
tion made under authority hereof shall be fined not more than one hun- 



6 Chapters 8, 9 [1957 

dred dollars or imprisoned not more than six months, or both, in the dis- 
cretion of the court. 

7:4 Takes Eflfect. This act shall take effect as of July 1, 1957. 
[Approved February 14, 1957.] 



CHAPTER 8. 

AN ACT RELATIVE TO INITIAL MOTOR VEHICLE NUMBER PLATES. 

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

8:1 Motor Vehicle. Amend RSA 260 by inserting after section 10 
the following- new section: 260:10-a Initial Number Plates. The com- 
missioner is hereby authorized to design and to issue, under such 
regulations as he shall deem appropriate, initial number plates to be 
used on passenger motor vehicles in lieu of other number plates. Such 
number plates shall be of such design and shall bear such letters or letters 
and numbers as the commissioner shall prescribe, but there shall be no 
duplication of identification. The number plates herein provided for 
shall be issued only upon application therefor, and upon payment of a 
service fee of five dollars, said service fee to be in addition to the regular 
motor vehicle registration fee as prescribed by law for the particular 
vehicle, 

8:2 Takes Eflfect. This act shall take effect upon its passage. 
[Approved February 14, 1957.] 



CHAPTER 9. 



AN ACT REPEALING THE AUTHORITY OF THE MILITARY TO CARRY 
STILETTOES, SWITCH KNIVES, ETC. 

Be it enacted by the Sennte and Hoicse of Representatives in General 
Court convened: 

9:1 Military Forces. Amend RSA 585:28 by striking out the 
words "to members of military forces" in the second line, so that said 
section as amended shall read as follows: 585:28 — Exceptions. The 
provisions of the preceding section shall not apply to officers of the law, 
to persons holding hunters' licenses, when lawfully engaged in hunting, 
to employees of express cnmpanies while on duty, or to watchmen while 
on duty. 

9:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved February 14, 1957.] 



1957] Chapters 10, 11 7 

CHAPTER 10. 

AN ACT RELATING TO FALSE PROCUREMENT OF NARCOTICS. 

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

10:1 Attempt to Procure. Amend RSA 318:49 by inserting after 
the word "away" in the sixth line the words, or to procure or attempt 
to procure by any false means including" forged or altered prescriptions, 
so that said section as amended shall read as follows: 318:49 Pro- 
hibited Acts. It shall be unlawful for any person to manufacture, 
possess, have under his control, sell, prescribe, administer, dispense or 
compound any narcotic drug, except as authorized in this chapter. It 
shall be unlawful for any person to sell, exchange, deliver, expose for 
sale, give away, or have in possession or custody with intent to sell, ex- 
change, deliver, or give away, or to procure or attempt to procure by any 
false means including forged or altered prescriptions, the following 
named substances : (1) any cocaine, or any of its salts, or any synthetic 
substitute therefor, or any preparation containing any of the same; (2) 
any opium, morphine, heroin, codeine, or any derivatives of the same; 
(3) any flowering tops or leaves, extracts, tinctures, or any other form, 
preparation, mixture or manufactured product of or containing canna- 
bis indica, cannabis sativa, hemp, or marihuana. Any person who shall 
violate any of the provisions of this section shall be imprisoned for not 
less than one year and a day nor more than ten years. 

10:2 Takes Effect. This act shall take effect sixty days after its 
passage. 
[Approved February 14, 1957.] 



CHAPTER 11. 

AN ACT INCREASING FEE FOR WITNESSES. 

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

11:1 Fees of Witnesses. Amend RSA 516:16 by striking out said 
section and inserting in place thereof the following: 516:16 Attend- 
ance; Travel. The fees of winesses shall be: For each day's attendance 
before a municipal, justice, superior or probate courts or before all other 
legally constituted auditors, referees, magistrates or ofllicials having the 
power to summon witnesses, five dollars, except as otherwise specially 
provided; for each mile's travel to and from the place of testifying, six 
cents; mileage to be allowed for each day's attendance where the wit- 
ness is required to leave the town or city in which he resides to testify. 

11:2 Takes Effect. This act shall take effect sixty days after its 
passage. 
[Approved February 14, 1957.] 



8 Chapters 12, 13 [1957 

CHAPTER 12. 

AN ACT PROVIDING FOR THE ESTABLISHMENT OF A SIXTY-DAY PERIOD TO 
ELAPSE BETWEEN ENACTMENT DATE AND THE EFFECTIVE DATE 

OF STATUTES. 

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

12:1 Defer Effective Date. Amend RSA 21 by adding after sec- 
tion 40 the following new sections: 21:41 Declaration of Purpose. 

In the interest of the uniform and effective administration of the law, 
it is the declared purpose hereof to defer the effective date of all laws, 
except resolutions, for a period of sixty days following passage so far as 
practicable. 

21:42 Effective Dates. Unless otherwise specifically provided 
by the general court, each law, other than a resolution, passed by the 
general court shall take effect on the sixtieth calendar day following 
passage, excluding the date on which it is signed by the governor, or 
the last date on which the general court acts on the matter, as the case 
may be. The secretary of state shall so record the date each law was 
enacted and its effective date on all engrossed and printed copies of each 
law, and such record shall be conclusive. 

12:2 Repeal. RSA 21:40, relative to when laws take effect, is 
hereby repealed. 

12 :3 Takes Effect. This act shall take effect on February 15, 1957. 

[Approved February 14, 1957.] 



CHAPTER 13. 



AN ACT RELATIVE TO PAYMENT OF POLL AND HEAD TAXES PRIOR TO 
ISSUANCE OF CERTAIN LICENSES. 

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

13:1 Motor Vehicle Registration. Amend RSA 260:4 by inserting 
after the words "register a motor vehicle" the words, or license to 
operate a motor vehicle without first showing or»causing to be shown to 
the issuing person a tax collector's receipt for the payment of any poll 
and head taxes for which he is liable for the preceding year or, so that 
said section as amended shall read as follows : 260 :4 Pajonent of Poll 
Tax Required. No person shall obtain a permit to register a motor 
vehicle, or register a motor vehicle, or license to operate a motor vehicle, 
without first showing or causing to be shown to the issuing person a tax 
collector's receipt for the payment of any poll and head taxes for which 



1957] Chapter 14 9 

he is liable for the preceding year or without first executing an affidavit 
under the pains and penalties of perjury, that he has paid all poll and 
head taxes for the preceding 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 or 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. 

13:2 Issuing of Permits. Amend RSA 260:5 (supp) as amended 
by 1955, 39:2, 1955, 50:17 and 1955, 125:1 by inserting after the word 
"vehicle" in the third line the words, or license to operate a motor 
vehicle without first requiring the applicant or his agent to show a tax 
collector's receipt for the payment of any poll and head taxes for which 
the applicant is liable for the preceding year unless said official or per- 
son has in his possession records indicating such taxes have been paid, 
or, so that said section as amended shall read as follows: 260:5 
Affidavit Required. 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, without first requiring the applicant or his 
agent to show a tax collector's receipt for the payment of any poll and 
head taxes for which the applicant is liable for the preceding year un- 
less said official or person has in his possession records indicating such 
taxes have been paid, or 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 provisions of this section shall be fined not 
more than fifty dollars. 

13:3 Takes Effect. This act shall take effect upon its passage. 
[Approved February 14, 1957.] 



CHAPTER 14. 

AN ACT RELATIVE TO ICE FISHING IN UMBAGOG LAKE. 

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

14:1 Umbagog Lake. Ice fishing on Umbagog lake is hereby per- 
mitted provided that no person shall take more than five pickerel through 
the ice from said lake in one day. 

14:2 Application of Statutes. Except insofar as may be otlier- 
wise provided under the provisions of section 1 hereof all provisions 
relative to ice fishing as provided in the fish and game laws shall apply 
to the taking of pickerel through the ice from Umbagog lake. Further 
provided that the fish and game director shall not have authority to 



10 Chapter 15 [1957 

make a regulation under the provisions of RSA 206:10 which will amend 
the provisions of section 1 hereof. 

14:3 Takes Effect. This act shall take effect upon its passage. 
[Approved February 21, 1957.] 
[Effective February 21, 1957.] 



CHAPTER 15. 



AN ACT RELATIVE TO BENEFITS UNDER THE FIREMEN'S 
RETIREMENT SYSTEM. 

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

15:1 Increase in Assessments. Amend RSA 102:9 by striking 
out the second sentence and inserting in place thereof the following: 
The rate of assessment shall be five and one-half per cent of each perma- 
nent firemen's annual salary who was appointed a permanent fireman 
previous to July 1, 1948, unless the retirement board shall establish a 
different rate, so that said section as amended shall read as follows: 
102:9 Assessments from Firemen. At the beginning of each fiscal 
year the retirement board shall fix the assessment upon the annual 
salaries of all permanent firemen who accept the provisions of this 
chapter. The rate of assessment shall be five and one-half per cent of each 
permanent fireman's annual salary who was appointed a permanent fire- 
man previous to July 1, 1948, unless the retirement board shall estab- 
lish a different rate. The retirement board may vary the rate, based 
upon actuarial tables established by it. The retirement board may 
change, from time to time, the actuarial table of assessments, if it finds 
such change necessary, based upon periodic actuarial valuations of the 
retirement system. In the cases of permanent firemen who accept this 
chapter or become subject thereto at ages in excess of thirty-five years, 
the retirement board shall establish individual rates of assessment based 
upon the respective ages of such persons and sound actuarial principles. 
The board shall, in such manner as it may prescribe, give notice of the 
amount of assessment on each permanent fireman's salary to the treas- 
urer or other disbursing officer of the city, town or precinct where such 
permanent fireman is employed. All assessments under this section and 
the following section shall be payable in equal monthly installments on 
the last business day of each calendar month. It shall be the duty of the 
treasurer or other disbursing officer of a city, town or precinct which 
employs permanent firemen who accept the provisions of this chapter to 
withhold from the monthly salary of each such permanent fireman, and 
to pay to the retirement board an amount equal to the monthly assess- 
ment against such permanent fireman's salary, as before provided. All 



1957] Chapter 15 11 

permanent firemen who shall accept the provisions hereof, by such 
acceptance agree that tlie treasurer or other disbursing officer shall have 
the power to withhold from their monthly salaries the amounts as afore- 
said. 

15:2 Change in Retirement Ages. Amend RSA 102:13 (supp) as 
amended by 1955, 112:1, by striking out said section and inserting in 
place thereof the following : 102:13 Retirement. Any permanent fire- 
man who accepts the provisions hereof may retire from active service 
at the age of fifty-five 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 sixty-five. Any perma- 
nent fireman accepting the provisions hereof and having served for 
twenty years, who shall be dismissed from service after having reached 
the age of fifty-five shall be entitled to the benefits of this chapter. Up- 
on retirement a permanent fireman shall no longer be obligated to pay 
assessments to the retirement fund. The probationary periods of perma- 
nent firemen shall be counted as part of their term of service. 

15:3 Increase in Benefits. Amend RSA 102:15 by striking out 
said section and inserting in place thereof the following: 102:15 Re- 
tirement. Any permanent fireman who retires or is dismissed from 
active service as provided in section 13, and who shall have complied 
with all provisions of this chapter and with the rules and regulations of 
the board, shall be entitled to receive from said board for each year 
during the remainder of his natural life retirement benefits based upon 
his average final salary, as defined hereinafter, at the rates in the follow- 
ing table: 

Retirement Benefits 
Age at Retirment (per cent of average final salary) 

55 36.7 

56 39.0 

57 41.5 

58 44.1 

59 46.9 

60 50.0 

61 (Benefits to exceed 

62 (50 per cent as may 

63 (be determined by 

64 (board upon actuarial 

65 (valuations 

The "average final salary," shall mean the average annual earnable 
compensation of a member during his last five years of service prior to 
the date of retirement or dismissal, as determined by the board. The 
retirement benefits shall be paid to the retired member on the first busi- 



12 Chapter 15 [1957 

ness day of each calendar month in as nearly equal monthly install- 
ments as possible. No permanent fireman who has retired under the pro- 
visions of this chapter shall be paid for any service performed in the 
fire department during the time of his retirement unless it be for 
specific duty during a period of public emergency. The board shall have 
the right to further increase the actuarial table of rates of retirement 
benefits accruing to members retiring on account of age, between the 
ages of 55 and 65 inclusive, based upon periodic actuarial valuations of 
the retirement system. 

15:4 Further Benefits. Amend RSA 102:17 by striking out said 
section and inserting in place thereof the following: 102:17. In Case 
of Death or Disability. A permanent fireman accepting the provisions 
of this chapter, who shall have become permanently disabled from fire 
duty, because of injury received in line of duty, shall receive an annual 
sum equal to one-half his annual salary as defined in section 15, and in 
case of call, volunteer, or substitute firemen, who become permanently 
and totally disabled because of injury received in line of fire duty, an 
annual sum not to exceed one thousand two hundred fifty dollars per 
year. Firemen shall be acknowledged as performing their duty when they 
are going to, returning from or working at a fire or other public emer- 
gency ; when performing all work within the scope of employment of the 
fireman under the expressed or implied authority of a superior officer; 
and in such other cases as the board may from time to tim.e decide to be 
for the public interest. The fact of permanent disability may be estab- 
lished by the certificate of physician designated by the board. In case a 
fireman accepting the provisions hereof shall die as the result of injury 
received in line of duty, his widow or if none, his minor child or children 
shall receive an annual sum equal to the compensation allowed for dis- 
ability for either permanent or call firemen, as the case may be, until 
in case of a widow, she dies or remarries, or, in case of a minor child or 
children, the board in its discretion shall pay such sum as a joint and 
survivor annuity, until such child dies or attains the age of eighteen 
years, and in case there is no wife, child or children under age eighteen 
surviving such member, then to his totally dependent father or mother, 
or both, and the survivor of either one of them, as the board in its dis- 
cretion shall determine, during dependency, and until remarriage of 
either. In case a retired member, whose retirement was the result of 
disability received in line of duty, dies while on retirement from the 
result of injuries received in line of duty, the payment of his retirement 
benefits shall continue to his widow until she dies or remarries, or chil- 
dren until they reach the age of 18. 

15:5 Limitation Removed. Amend RSA 102:18 (supp) as 
amended by 1955, 112:2 by striking out the words "of one half his 
average actual salary, based upon the total salary earned over the period 



1957] Chapter 15 13 

of years of service beginning with the date of his apphcation to the bene- 
fits hereof to the date of his retirement" and inserting in place thereof 
the words, consisting of an annual sum equal to one half his average 
final salary as defined in section 15, and by striking out the words "not 
in excess of twenty five hundred dollars" in the twenty-ninth line, so 
that said section as amended shall read as follows: 102:18 Ordinary 
Disability; Medical Examination. Upon the application to the retire- 
ment board of a member in active service, any member who has fifteen 
or more years of creditable service may be retired on an ordinary dis- 
ability retirement allowance consisting of an annual sum equal to one 
half his average final salary as defined in section 15 ; 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 retire- 
ment of a member on a total and permanent disability, or ordinary dis- 
ability 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 continues for more than a year all his 
rights in and to his pension may be revoked by the board. If the physi- 
cian 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 con- 
sidered as part of continuous service. If the retirement board finds that 
any member retired on an ordinary disability allowance under this 
section is engaged in a gainful occupation paying more than the difference 
between his annual retirement allowance and his final annual salary 
prior to retirement, then his disability shall be deemed to have diminshed 
and his retirement allowance shall be reduced to an amount which, to- 
gether with the amount then being earned by him, shall equal his 
final annual salary 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 wiiich when added to the amount being earned by him 
equals his final annual salary at retirement, as stated above. 

15:6 Takes Effect. The provisions of section 2 making it com- 
pulsory for certain firemen to retire from active service at the age of 



14 Chapter 16 [1957 

sixty-five shall be effective as of January 1, 1959. The remaining pro- 
visions of this act shall take effect as of July 1, 1957. 
[Approved February 28, 1957.] 
[Certain provisions effective January 1, 1959; 
the remainder effective as of July 1, 1957.] 



CHAPTER 16. 

AN ACT FOR ADDITIONAL APPROPRIATION FOR DORMITORY FOR 
WOMEN AT THE UNIVERSITY. 

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

16:1 University of New Hampshire. Amend 1955, 174:1 by strik- 
ing out the words "three hundred twelve thousand five hundred" and 
inserting in place thereof the words, four hundred thirty seven thou- 
sand, so that said section as amended shall read as follows : 1 Appropri- 
ation. The sum of four hundred thirty seven thousand dollars is hereby 
appropriated for the purpose of constructing, furnishing and equipping 
a dormitory for women at the University of New Hampshire. The appro- 
priation 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 publi- 
cation being not less than thirty days prior to the date the bids will be 
received, and (3) to the lowest responsible bidder. 

16:2 Change in Amount. Amend 1955, 174:2 by striking out the 
words "three hundred twelve thousand five hundred" and inserting in 
place thereof the words, four hundred thirty seven thousand, so that 
said section as amended shall read as follows: 2 Borrowing. In order 
to provide funds for the appropriation 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 four hundred thirty seven thousand dollars. 

16:3 Increase. Amend 1955, 174:3 by striking out the words 
"three hundred twelve thousand five hundred" and inserting in place 
thereof the words, four hundred thirty seven thousand, so that said 
section as amended shall read as follows: 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 treasurer to borrow upon the faith and credit of the state a 



1957] Chapter 17 15 

sum not exceeding four hundred thirty seven 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 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 counter- 
signed 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, and time of counter- 
signing, the date of delivery to the state treasurer and the date of ma- 
turity. 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. 

16:4 Limitation. Amend 1955, 174:4 by striking out the words 
"three hundred twelve thousand five hundred" and inserting in place 
thereof the words, four hundred thirty seven thousand, so that said 
section as amended shall read as follows : 4 Short Term Notes. Prior 
to the issuance of the bonds hereunder, the state 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 re- 
funded 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 four hundred thirty seven thousand dollars. 

16:5 Takes Effect. This act shall take effect upon its passage. 
[Approved February 28, 1957.] 
[Effective date February 28, 1957.] 



CHAPTER 17. 



an act increasing the salary of the clerk of the 
Manchester municipal court. 

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

17:1 Clerk, Manchester Municipal Court. Amend RSA 502:17 by 
striking out the word "twenty-three" in the third line and inserting in 
place thereof the word, thirty-three, so that said section as amended 
shall read as follows: 502:17 Salaries. The clerk of the Portsmouth 
municipal court shall receive an annual salary of eight hundred dollars, 
the clerk of the Manchester municipal court shall receive an annual 
salary of thirty-three hundred dollars, to be paid by the respective 



16 Chapter 18 [1957 

cities in equal monthly payments; the salaries of all other clerks of 
municipal courts in cities or towns of five thousand population or more 
shall be not less than three hundred dollars, and as much more as the 
city or town in which said court is located may vote to pay. 

17:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 4, 1957.] 
[Effective date May 3, 1957.] 



CHAPTER 18. 

AN ACT RELATIVE TO VOTING IN SCHOOL DISTRICT MEETINGS. 

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

18:1 School District Meetings. Amend RSA 197:11 by striking 
out the word "three" in the third line and inserting in place thereof the 
word, six ; further amend by adding at the end of said section the words, 
provided, however, that the provisions of RSA 54 :8, relating to transfer 
cards, shall apply, so that said section as amended shall read as follows : 
197:11 Voters. Any person qualified to vote in town affairs may vote 
at school district meetings in the district in which such person has re- 
sided and has a home six months next preceding the meeting ; provided, 
however, that the provisions of RSA 54:8 relating to transfer cards, 
shall apply. 

18:2 Residence. Amend RSA 197:13 by striking out the words 
"three months and in the town for" so that said section as amended shall 
read as follows: 197:13 Wrongful Voting; Penalty. If any person 
under the age of twenty-one years, or any alien not naturalized, or any 
person who has not resided and had his home in the district for six 
months preceding, shall vote in any district meeting, or if any person 
shall give in more than one vote for any officer voted for at the meet- 
ing, or if any person, being under examination before the school board 
as to his qualifications as a voter, shall give any false name or answer, 
he shall be fined not more than thirty dollars, or imprisoned not more 
than three months. 

18:3 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved March 4, 1957.] 
[Effective date July 1, 1957.] 



1957] Chapters 19, 20 17 

CHAPTER 19. 

AN ACT RELATIVE TO REQUIREMENTS FOR BANK INSTITUTIONS 
PROTECTION AGAINST LOSSES. 

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

19 :1 Bank Commissioner. Amend RSA 383 : 14 by striking out the 
words: "He shall not require protection or indemnity in excess of one 
hundred thousand dollars against losses resulting from the acts of any 
one person," so that said section as amended shall read as foUov/s: 
383:14 Protection. The commissioner shall require each institution 
under his supervision to provide for the reasonable protection or in- 
demnity of such institution against losses from such dishonest or 
criminal acts as he may determine. The insurance commissioner shall de- 
termine whether the form of any document offered for such purpose by 
any such institution complies with the requirements of the bank com- 
missioner. Any institution dissatisfied with any requirements of the bank 
commissioner under the provisions of this section may appeal therefrom 
within twenty days of notice thereof to a board of appeal who shall be 
the bank commissioner, the insurance commissioner, and the attorney- 
general or in his absence the assistant attorney-general. The decision of 
such board made after notice and hearing shall be final. The directors or 
trustees of any such institution may provide for the protection or indem- 
nity thereof in addition to that required hereunder. 

19:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 4, 1957.] 
[Eflfective date May 3, 1957.] 



CHAPTER 20. 



AN ACT RELATIVE TO THE REGISTRATION OF MOTOR VEHICLES OF THE 

CIML AIR PATROL. 

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

20:1 Registration of Motor Vehicles; Exemptions. Amend RSA 
262 by inserting after section 14 the following new section: 262:14-a 
Civil Air Patrol. For the purposes of section 14, motor vehicles owned 
by or issued to, and operated by, the New Hampshire Civil Air Patrol, 
shall be deemed as owned and operated by the government of the United 
States. 

20:2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 4, 1957.] 
[Effective date March 4, 1957.] 



18 Chapters 21, 22 [1957 

CHAPTER 21. 

AN ACT RELATIVE TO DISPOSAL OF ROADSIDE BRUSH. 

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

21:1 Care of Lumber Slash. Amend RSA 224:44 by inserting 
after the word "whoever" in the first line the words, pushes over, and 
by inserting before the word "cut" in the second line the words, pushed 
over; and by inserting after the word "such" in the sixth line the words, 
pushing over, so that said section as amended shall read as follows : 

224:44 Near Property of Another. Whoever pushes over, cuts, 
saws or operates or causes to be pushed over, cut, sawed or operated any 
timber, brush, lumber, or wood on property adjacent to the right-of- 
way of any railroad or public highway, or adjacent to the land of an- 
other, or adjacent to any occupied building except temporary lumber 
camps, shall dispose of the slash and mill waste caused by such pushing 
over, cutting, sawing or operating in such manner that said slash and 
mill waste shall not remain on the ground within sixty feet of the right- 
of-way of any railroad, or within fifty feet of the nearest edge of the 
traveled part of any public highway, or within one hundred feet of any 
occupied building except a temporary lumber camp. 

21 :2 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved March 4, 1957.] 

[Effective date May 3, 1957.] 



CHAPTER 22. 



AN ACT RELATING TO THE REPORTING OF JOINT BANK DEPOSITS FOR 
LEGACY AND SUCCESSION TAX PURPOSES. 

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

22:1 Release of Joint Deposits. Amend section 73, chapter 86, 
RSA, by striking out the words "the state treasurer or" in the seven- 
teenth line and by inserting at the end of said section the following new 
sentence: Provided, however, that such prior written consent shall not 
be required for the delivery or transfer by such a trust company, bank 
or other similar institution of any kind of joint account or deposit stand- 
ing in the joint names of two or more persons and payable to either or 
the survivor upon the death of one of such persons, where the surviving 
joint tenant or tenants to whom the transfer or delivery is to be made 
all stand in the relation of husband, wife, father, mother, lineal descend- 
ant or adopted child, to the deceased joint tenant of such account or de- 



1957] Chapter 22 19 

posit, so that said section as amended shall read as follows: 86:73 
Transfers of Stock or Other Assets. No corporation organized and 
existing under the laws of this state shall transfer on its books, or issue 
a new certificate for, any share or shares of its capital stock standing in 
the name of a decedent, or in trust for a decedent or belonging to or 
standing in the joint names of a decedent and one or more persons, and 
no safe deposit company, trust company, corporation, bank or other in- 
stitution, person or persons having in possession, or under control or 
custody or partial control or partial custody, securities, deposits, assets 
or property belonging to or standing in the name of a decedent who was 
a resident or nonresident, or belonging to or standing in the joint names 
of such a decedent and one or more persons, or which was received from 
the decedent for delivery to any other person, or is marked or designated 
for such delivery, including the shares of capital stock of, or other in- 
terest in, said safe deposit company, trust company, corporation, bank 
or other institution, shall, except as hereinafter provided, deliver or 
transfer the same to any person except a resident executor or adminis- 
trator of the estate of the decedent without the written consent of the 
director of the inheritance tax division of the state tax commission. Pro- 
vided, however, that such prior written consent shall not be required 
for the delivery or transfer by such a trust company, bank or other 
similar institution of any kind of joint account or deposit standing in the 
joint names of two or more persons and payable to either or the sur- 
vivor upon the death of one of such persons, where the surviving joint 
tenant or tenants to whom the transfer or delivery is to be made all 
stand in the relation of husband, wife, father, mother, lineal descendant 
or adopted child, to the deceased joint tenant of such account or deposit. 

22:2 Reporting of Joint Deposits. Amend section 74, chapter 86, 
RSA, by inserting at the end of said section the following new sentence : 
Joint accounts or deposits for transfer or delivery of which the prior 
written consent of the director is not required under section 73 need 
not be reported to the director under this section, so that said section 
as amended shall read as follows: 86:74 Notification of Director of 
Inheritance Tax Division. Every person or corporation having the 
custody or control of such property shall, within ten days after receiving 
knowledge of the death of the owner or holder of title, notify the 
director of the inheritance tax division of the state tax commission, and 
whenever possible prepare and transmit to him an itemized schedule of 
the property. Joint accounts or deposits for transfer or delivery of which 
the prior written consent of the director is not required under section 73 
need not be reported to the director under this section. 

22:3 Violations. Amend section 78, chapter 86, RSA, by insert- 
ing at the end of said section the following new sentence: In cases of 
failure to comply with sections 73 and 76 of this su'^division involvmg 
the delivery or transfer of joint accounts or deposits by any such trust 



20 Chapter 22 [1957 

company, bank or other similar institution, the said penalty shall not 
apply and the other liability of such institutions under this section shall 
not exceed the amount of the taxes and interest due under this chapter 
upon the passing or transfer of such joint accounts or deposits; and no 
such institution shall be deemed to have violated said sections if it shall 
have withheld from transfer, as provided in section 76, a portion of 
such joint account or deposit at least equal to the amount of the tax 
assessed thereon hereunder, so that said section as amended shall read 
as follows: 86:78 Penalty. Failure to comply with the provisions of 
this subdivision shall render such safe deposit company, trust company, 
corporation, bank or other institution or person liable to a penalty of 
not more than one thousand dollars, and, in addition thereto, for the 
amount of the taxes, interest and penalties due under this chapter upon 
the passing" or transfer of said securities, deposits or other property; 
and said penalties and liabilities may be enforced in an action brought 
by the director of the inheritance tax division of the state tax commis- 
sion. In cases of failure to comply with sections 73 and 76 of this sub- 
division involving the delivery or transfer of joint accounts or deposits 
by any such trust company, bank or other similar institution, the said 
penalty shall not apply and the other liability of such institutions under 
this section shall not exceed the amount of the taxes and interest due 
under this chapter upon the passing or transfer of such joint accounts 
or deposits; and no such institution shall be deemed to have violated 
said sections if it shall have withheld from transfer, as provided in sec- 
tion 76, a portion of such joint account or deposit at least equal to the 
amount of the tax assessed thereon hereunder. 

22:4 Bank Deposits. Amend section 19, chapter 386, RSA by 
striking out said section and inserting in place thereof the following: 
386:19 Joint Deposits. When a deposit has been made in any savings 
bank in the names of two persons, payable to either, or payable to either 
or the survivor, such deposit or any part thereof, or any interest or divi- 
dend thereon, may be paid to either of said persons, whether the other 
be living or not; and the receipt or acquittance of the person so paid 
shall discharge the bank for any payment so made ; provided, that if one 
of the parties has deceased, and the bank has knowledge of the fact, 
payment shall not be made to the survivor, until the director of the in- 
heritance tax division of the state tax commission has certified that no 
taxes are due the state under the provisions of chapter 86, RSA, on 
account of the interest of said decedent in said deposit, or that all taxes 
due have been paid ; except as otherwise provided in chapter 86, RSA. 

22:5 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 7, 1957.] 
[Effective date May 6, 1957.] 



1957] Chapters 23, 24 21 

CHAPTER 23. 

AN ACT CORRECTING AN ERROR IN A REFERENCE IN THE PROVISIONS 
RELATIVE TO THE STATE LIBRARY COMMISSION. 

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

23:1 Correction of Error. Amend RSA 201 :22 by striking out the 
figure "19" in the last line of said section and inserting in place thereof 
the figure, 21, so that said section as amended shall read as follows: 
201 :22 Acceptance of Funds. The commission is hereby authorized 
and empowered to receive, accept and administer any money granted 
by the federal government or other agencies, private or otherwise, for 
providing and equalizing public library service in New Hampshire. Any 
gift or grant from the federal government or other source as herein- 
before provided shall be deposited in the state treasurj^ and credited to 
a fund to be known as aid for libraries fund. Any moneys appropriated 
by the state for such purposes may be added to said fund and all moneys 
so deposited shall be paid out by the treasurer on a warrant of the gov- 
ernor for the purposes of section 21 alone, 

23:2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 7, 1957.] 
[Effective date March 7, 1957.] 



CHAPTER 24. 

AN ACT RELATIVE TO CERTAIN REFUNDS OF MUNICIPAL PERMIT FEES. 

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

24:1 Municipal Permits for Motor Vehicle Registration. Amend 
RSA 260:25 by striking out all after the word "year" in the seventh line 
and inserting in place thereof the words: From December first to 
March thirty-first such credits shall not exceed one third of the amount 
of the original fee, so that said section as amended shall read as follows : 
260:25 Transfer Credits. Upon the transfer of ownership of a motor 
vehicle the permit shall expire; provided, however, that any owner who 
has paid a permit fee for registration of a motor vehicle the ownership 
of which is transferred or of one which is subsequently totally lost by 
fire, theft, or accident, during the same fiscal year, shall be entitled, up- 
on the payment of fifty cents, to a credit to the amount of any such 
permit fee toward other permit fees which may be required of him in 
the same fiscal year. From December first to March thirty-first such 
credits shall not exceed one third of the amount of the original fee. 



22 Chapters 25, 26 [1957 

24:2 Fees. Amend RSA 260 by inserting after section 25, as 
hereinabove amended, the following new section: 260:25-a. Refunds. 
No portion of any permit fee once paid shall be repaid to any person, 
provided that in a case where the commissioner acting under the author- 
ity of law shall have refused upon original application for the fiscal year 
to register the motor vehicle to which the permit relates, the town 
clerk, upon application therefor, shall refund the said permit fee. The 
exception provided in this section shall not apply to a permit fee made 
up in whole or in part of transfer credits. 

24:3 Takes Effect. This act shall take effect upon its passage. 
[Approved March 7, 1957.] 
[Effective date March 7, 1957.] 



CHAPTER 2.5. 

AN ACT RELATIVE TO RE-EXAMINATION OF HOLDERS OF LICENSES TO 
OPERATE MOTOR \TEHICLES. 

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

25 :1 Motor Vehicle Operator Licenses. Amend RSA 261 :3-a (supp) 
as inserted by 1955, 294:1 by striking out said section and inserting in 
place thereof the following : 261:3-a Re-examination. The commissioner 
may require with cause any person holding a license to operate motor 
vehicles or applying for re-issue of such license to pass such exami- 
nation as to his qualifications as the commissioner shall prescribe. No 
license shall be re-issued to such person or continued in effect until the 
commissioner is satisfied as to such person's fitness to operate a motor 
vehicle. 

25:2 Takes Effect. This act shall take effect April 1, 1957. 

[Approved March 8, 1957.] 

[Effective date April 1, 1957.] 



CHAPTER 26. 

AN ACT RELATIVE TO EXECUTIONS IN SMALL CLAIMS CASES. 

Be it enacted hij the Senate and Hotcse of Representatives in General 
Court convened: 

26:1 Small Claims. Amend RSA 527 by inserting after section 7 
the following new section: 527:7-a Deposit Required on Executions. 

Before any execution shall be issued on any judgment rendered pursuant 
to the provisions of RSA 503, the plaintiff shall deposit with the court 



1957] Chapter 27 23 

the sum of three dollars. Said sum shall be added to the costs taxed on 
the judgment but shall be credited to the defendant against the fees of 
the sheriff or deputy sheriff who shall return such execution ; any balance 
of deposit over such fees to be returned to the plaintiff. Provided that if 
such execution shall be returned with the notation "no property of de- 
fendant upon which to levy" said sum of three dollars shall forthwith be 
paid the sheriff or deputy sheriff upon his making return of such execu- 
tion. Upon rendition of judgment in each such case the court rendering 
such judgment shall notify the plaintiff by mail, postage prepaid, to the 
last address of the plaintiff, or, if plaintiff is represented by counsel, 
shall so notify his attorney of the provisions hereof. 

26:2 Proceedings. Amend RSA 503:8 by inserting at the end 
thereof the words, except as provided in PvSA 527:7-a, so that said 
section as amended shall read as follows: 503:8 — After Judgment. 
All proceedings subsequent to the rendition of judgment shall follow the 
practice and procedure now provided for, except as provided in RSA 
527:7-a. 

26:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 8, 1957.] 
[Effective date May 7, 1957.] 



CHAPTER 27. 



AN ACT AUTHORIZING AN INTERSTATE COMPACT RELATING TO FLOOD 
CONTROL OF THE MERRIMACK RiVER. 

Be it eruicted hy the Senate and House of Representatives in General 
Court convened: 

27:1 Merrimack River Flood Control. Amend RSA by inserting 
after chapter 487 the following new chapter: 

Chapter 487-A 
Merrimack River Flood Control Compact 

487-A :1 Interstate Compact. The governor and council, on behalf 
of this state, are hereby authorized to enter into and execute a compact 
substantially in the following form with the Commonwealth of Massa- 
chusetts, by and through the commissioners or duly authorized repre- 
sentatives appointed or who may be appointed under or by virtue of a 
law of the legislature of the state of New Hampshire, and the legislature 
hereby signifies in advance its approval and ratification of such com- 
pact, so entered into, such approval and ratification to be effective as 
hereinafter set forth : 

Whereas, the federal government exercises jurisdiction over the 
nation's navigable rivers and their tributaries through passage of the 



24 Chapter 27 [1957 

flood control act of nineteen hundred and thirty-six and various other 
acts amendatory thereto ; and 

Whereas, these acts provide for construction by the United States of 
dams for flood control and, where feasible, in addition to flood control, 
for storage of water to be used for irrigation, recreation or hydro- 
electric power or for any of these purposes ; and 

Whereas, the Merrimack is an interstate river and control of major 
floods on it can be obtained only by the construction of dams by the 
United States under authorization of the above mentioned acts ; and 

Whereas, the Commonwealth of Massachusetts and the state of 
New Hampshire recognize that it is in the interest of their general wel- 
fare that the United States construct in the Merrimack River Valley a 
comprehensive system of local protection works and dams and reservoirs 
to control floods and prevent loss of life and property, the disruption of 
orderly processes and the impairment of commerce between the afore- 
said states; and 

Whereas, the United States has constructed dikes, flood walls and 
other local protection works at Nashua in the state of New Hampshire 
and at Haverhill, Lowell and Fitchburg in the Commonwealth of Massa- 
chusetts and dams and reservoirs for the storage of flood waters at 
Franklin Falls, Peterboro and at Webster in the state of New Hamp- 
shire, and has prepared designs for dikes and flood walls and other local 
protection works at Lawrence and North Andover in the Commonwealth 
of Massachusetts; and 

Whereas, the Congress has at various times authorized construction 
by the United States of other dams and reservoirs for the storage of 
flood waters in the Commonwealth of Massachusetts and in the state of 
New Hampshire and has more recently instructed the corps of engineers 
to determine what additional local protection works and dams and 
reservoirs are required for a comprehensive system to control floods in 
the Merrimack River and its tributaries ; and 

Whereas, it is believed that such a comprehensive flood control 
system should include dams and reservoirs controlling flood run-off from 
approximately thirty per cent of the total drainage area of the Merri- 
mack River Basin and strategically located in reference to characteris- 
tics of tributaries and to damage centers; and 

Whereas, dams and reservoirs to control thirty per cent of flood run- 
off will be located in the state of New Hampshire and the major bene- 
fits from such dams and reservoirs will accrue to the Commonwealth of 
Massachusetts ; and 

Whereas, construction by the United States of additional dams and 
reservoirs in the state of New Hampshire to complete such a compre- 
hensive flood control system, will remove from the tax rolls of local gov- 
ernments of the state of New Hampshire such property as is acquired 



1957] Chapter 27 25 

by the United States and may work other hardships against the people 
of New Hampshire ; and 

Whereas, it is highly desirable that any flood control dam and reser- 
voir constructed by the United States in the Merrimack River Valley 
have the approval of the state of New Hampshire and the Common- 
wealth of Massachusetts and that the Commonwealth of Massachusetts 
benefiting from construction of such dam and reservoir make reimburse- 
ment for such loss of taxes and for such hardships ; and 

Whereas, a comprehensive system for the prevention of destructive 
floods and for water resources utilization in the Merrimack River Valley 
can best be accomplished by cooperation between the Commonwealth of 
Massachusetts and the state of New Hampshire and by and through a 
common and joint agency of said two states; 

Now, therefore, the said Commonwealth of Massachusetts and the 
state of New Hampshire do hereby enter into the following compact, to 
wit: 

Article I. 

The principal purposes of this compact are: (a) to promote inter- 
state comity among and between the signatory states; (b) to provide 
adequate storage capacity for impounding the waters of the Merrimack 
River and its tributaries for the protection of life and property from 
floods; (c) to provide a joint or common agency through which the 
signatory states, while promoting, protecting and preserving to each the 
local interest and sovereignty of the respective signatory states, may 
more effectively cooperate in accomplishing the object of flood control 
and water resources utilization in the basin of the Merrimack River and 
its tributaries. 

Article II. 

There is hereby created "The Merrimack River Valley Flood Con- 
trol Commission," hereinafter referred to as the "commission," which 
shall consist of six members, three of whom shall be residents of the 
Commonweath of Massachusetts and one of whom shall be a resident of 
the Merrimack Valley ; and three of whom shall be residents of the state 
of New Hampshire. 

The members of the commission shall be chosen by their respective 
states in such manner and for such term as may be fixed and de- 
termined from time to time by the law of each of said states, re- 
spectively, by which they are appointed. A member of the commission 
may be removed or suspended from office as provided by the law of tlie 
state from which he shall be appointed, and any vacancy occurring in the 
commission shall be filled in accordance with the laws of the state 
wherein such vacancy exists. 

A majority of the members of each state shall constitute a quorum 
for the transaction of business, the exercise of any powers or the per- 



26 Chapter 27 [1957 

formance of any duties, but no action of the commission shall be binding 
unless at least two members from each state shall vote in favor thereof. 

The compensation of members of the commission shall be fixed, 
determined, and paid by the state which they respectively represent. 
All necessary expenses incurred in the performance of their duties shall 
be paid from the funds of the commission. 

The commission shall elect from its members a chairman, vice- 
chairman, clerk and treasurer. Such treasurer shall furnish to the com- 
mission, at its expense, a bond with corporate surety, to be approved by 
the commission, in such amount as the commission may determine, 
conditioned for the faithful performance of his duties. 

The commission shall adopt suitable by-laws and shall make such 
rules and regulations as it may deem advisable not inconsistent with laws 
of the United States, of the signatory states or with any rules or regu- 
lations lawfully promulgated thereunder. 

The commission shall make an annual report to the governor and 
legislature of each of the signatory states, setting forth in detail the 
operations and transactions conducted by it pursuant to this compact. 

The commission shall keep a record of all its meetings and proceed- 
ings, contracts and accounts, and shall maintain a suitable office, where 
its maps, plans, documents, records and accounts shall be kept, subject 
to public inspection at such times and under such regulations as the 
commission shall determine. 

Article III. 

The commission shall constitute a body, both corporate and politic, 
with full power and authority: (1) to sue and be sued; (2) to have a 
seal and alter the same at pleasure; (3) to appoint and employ such 
agents and employees as may be required in the proper performance of 
the duties hereby committed to it and to fix and determine their qualifi- 
cations, duties and compensation; (4) to enter into such contracts and 
agreements and to do and perform any and all other acts, matters and 
things as may be necessary and essential to the full and complete per- 
formance of the powers and duties hereby committed to and imposed upon 
it and as may be incidental thereto; (5) to have such additional powers 
and duties as may hereafter he delegated to or imposed upon it from 
time to time by the action of the legislature of either of said states, con- 
curred in by the legislature of the other state and by the Congress of 
the United States. 

The commission shall make, or cause to be made, such studies as it 
may deem necessary, in cooperation with the corps of engineers and 
otlier federal agencies, for the development of a comprehensive plan for 
flood control and for utilization of the water resources of the Merrimack 
River Valley. 

The commission shall not pledge the credit of the signatory states or 
either of them. 



1957] Chapter 27 27 

Article IV. 

The state of New Hampshire wherein is located the site of each of 
the following- dams and reservoirs agrees to the construction by the 
United States of each such dam and reservoir in accordance with authori- 
zation by the Congress; (1) at West Hopkinton on the Contoocook River, 
controlling a drainage area of approximately 426 square miles, and near 
East Weare, on the north branch of the Piscataquog" River, controlling 
a drainage area of approximately sixty-four square miles ; and providing 
flood control storage for approximately six inches of run-off" over both 
said drainage areas; and (2) near Loudon on the Soucook River, control- 
ling a drainage area of approximately seventy-seven square miles and 
providing flood control storage for approximately six inches of run-off 
over said drainage area. 

Article V. 

The Commonwealth of Massachusetts agrees to reimburse the state 
of New Hampshire seventy per cent of the amount of taxes lost by reason 
of acquisition and ownership by the United States of lands, rights or 
other property therein for the flood control dams and reservoirs at 
Franklin Falls, Blackwater and West Peterboro, and for construction in 
the future of any flood control dam and reservoir specified in Article IV, 
and also for any other flood control dam and reservoir hereafter con- 
structed by the United States in the Merrimack River Valley. 

Annually, not later than November first of each year, the commis- 
sion shall determine the loss of taxes resulting to political subdivisions 
of the state of New Hampshire by reason of acquisition and ownership 
therein by the United States of lands, rights or other property in con- 
nection with each flood control dam and reservoir for which provision for 
tax reimbursement has been made in the preceding paragraph. Such 
losses of taxes as determined by the commission shall be based on the 
tax rate then current in each such political subdivision and on the aver- 
age assessed valuation for a period of five years prior to the acquisition 
by the United States of such property; provided, that whenever a 
political subdivision wherein a flood control dam and reservoir or portion 
thereof is located shall have made a general revaluation of property sub- 
ject to the annual municipal taxes of such subdivision, the commission 
may use such revaluation for the purpose of determining the amount of 
taxes for which reimbursement shall be made in the paragi^aph next 
above. Using the percentage of payment agreed to in said paragraph, the 
commission shall then compute the sum, if any, due from the Common- 
wealth of Massachusetts to the state of New Hampshire and shall send 
notice to the treasurer of the Commonwealth of Massachusetts setting 
forth in detail the sums, if any, to be paid to New Hampshire in reim- 
bursement of tax losses. 

The Commonwealth of Massachusetts, on receipt of formal notifi- 
cation from the commission of the sum which it is to pay in reimburse- 



28 Chapter 27 [1957 

ment for tax losses, shall, not later than July first of the following year, 
make its payment for such tax losses to the state of New Ham.pshire, 
except that in case of the first annual payment for tax losses at any 
dam or reservoir such payment shall be made by the Commonwealth of 
Massachusetts not later than July first of the year in which the next 
regular session of its legislature is held. 

Payment by the Commonwealth of Massachusetts of its share of re- 
imbursement for taxes in accordance with formal notification received 
from the commission shall be a complete and final discharge of all liabil- 
ity of the Commonwealth of Massachusetts to the state of New Hamp- 
shire for each flood control dam and reservoir within the state of New 
Hampshire for the time specified in such formal notification. The state 
of New Hampshire shall have full responsibility for distributing or ex- 
pending all such sums received, and no agency or political subdivision 
shall have any claim against the Commonwealth of Massachusetts, nor 
against the commission relative to tax losses covered by such payments. 

Whenever the Commonwealth of Massachusetts and the state of 
New Hampshire shall agree, through the commission, on a lump sum 
payment in lieu of annual payments and such lump sum payment has 
been made and received, the requirement that the commission annually 
shall determine the tax losses, compute sums due from the Common- 
wealth of Massachusetts and send notice thereof to the treasurer of the 
Commonwealth of Massachusetts shall no longer apply to the aforesaid 
states with respect to any flood control dam and reservoir for which 
lump sum payment has been made and received. 

The Commonwealth of Massachusetts agrees to pay the state of 
New Hampshire its respective share in reimbursement, as determined by 
the commission under the procedure following, for economic losses and 
damages occurring by reason of ownership of property by the United 
States, for construction and operation of a flood control dam and reser- 
voir at any site specified in Article IV, and for any other flood control 
dam and reservoir constructed hereafter by the United States in the 
Merrimack River Valley, provided, however, that no reimbursement shall 
be made for speculative losses and damages or losses or damages for 
which the United States is liable. 

On receipt of information from the chief of engineers that request 
is to be made for funds for the purpose of preparing detailed plans and 
specifications for any flood control dam and reservoir proposed to be con- 
structed in the Merrimack River Valley, including those specified in 
Article IV, the commission shall make an estimate of the amount of 
taxes which would be lost to and of economic losses and damages which 
would occur in political subdivisions of the state of New Hampshire 
wherein such dam and reservoir would be located, wholly or in part, by 
reason of acquisition and ownership by the United States of lands, rights 
or other property for the construction and operation of such flood con- 



1957] Chapter 27 29 

trol dam and reservoir and shall decide whether the flood control bene- 
fits to be derived in the signatory states from such flood control dam 
and reservoir, both by itself and as a unit of a comprehensive flood con- 
trol plan, justifies, in the opinion of the commission, the assumption by 
a signatory state of the obligation to make reimbursement for loss of 
taxes and for economic losses and damages. Such estimate and decision 
shall thereafter be reviewed by the commission at five year intervals 
until such time as the United States shall have acquired title to the site 
of such flood control dam or plans for its construction are abandoned. 
Tlie commission shall notify the governor, the members of the United 
States Senate and the members of the United States House of Repre- 
sentatives from each signatory state and the chief of engineers as to 
the commission's decision and as to any change in such decision. 

On receipt of information from the chief of engineers that any 
flood control dam and reservoir is to be constructed, reconstructed, 
altered or used for any purpose in addition to flood control, including 
those flood control dams and reservoirs heretofore constructed and those 
specified in Article IV, the commission shall make a separate estimate 
of the amount of taxes which would be lost to and of economic losses and 
damages which would occur in political subdivisions of the signatory 
state wherein such dam and reservoir would be located, wholly or in 
part, by reason of acquisition and ownership by the United States of 
lands, rights or other property for the construction and operation of 
such dam and reservoir in excess of the estimated amount of taxes which 
would be lost and of the economic losses and damages which would occur 
if the dam were constructed and operated for flood control only and the 
commission shall decide the extent to which, in its opinion, the signatory 
states would be justified in making reimbursement for loss of taxes and 
for economic losses and damages in addition to reimbursem.ent for such 
dam and reservoir if constructed and used for flood control only. Such 
estimate and decision shall thereafter be reviewed by the commission 
at five-year intervals until such time as such dam and reservoir shall be 
so constructed, reconstructed, altered or used or plans for such con- 
struction, reconstruction, alterations or use are abandoned. The com- 
mission shall notify the governor, the members of the United States 
Senate and the members of the United States House of Representatives 
from each signatory state as to the commission's decision and as to any 
change in such decision. 

Within thirty days after acquisition by the United States of the 
site of any flood control dam, the commission shall proceed to make a 
final determination of economic losses and damages occasioned by such 
dam and reservoir. The commission shall not include in such determina- 
tion either speculative losses and damages or losses and damages for 
which the United States is liable. 

The commission shall compute the share the Commonwealth of 



30 Chapter 27 [1957 

Massachusetts shall pay to the state of New Hampshh*e by multiplying 
the sum of such losses and damages, as previously determined, by the 
percentage of flood control benefits which the Commonwealth of Massa- 
chusetts receives of the flood control benefits resulting from the dam and 
reservoir. 

The commission shall send a notice to the treasurer of the Com- 
monwealth of Massachusetts, setting forth in detail the sum, if any, the 
Commonwealth of Massachusetts is to pay to the state of New Hamp- 
shire in reimbursement for economic losses and damages and shall also 
send such notice to the treasurer of the state of New Hampshire. 

The Commonwealth of Massachusetts, on receipt of such formal 
notification by the commission, shall pay its share of such economic losses 
or damages to the state of New Hampshire. Full payment by the Com- 
monwealth of Massachusetts of the sum specified in such formal notifi- 
cation from the commission as to the amount of economic losses and 
damages for which the Commonwealth of Massachusetts is to make re- 
imbursement shall be a complete and final discharge of all liability by 
the Commonwealth of Massachusetts to the state of New Hampshire for 
economic losses and damages for each flood control dam and reservoir 
within the said state designated in such formal notification. The state 
of New Hampshire shall have full responsibility for distributing or ex- 
pending all such sums received; and no agency, political subdivision, 
private person, partnership, firm, association or corporation shall have 
any claim against the Commonwealth of Massachusetts, nor against the 
commission relative to such economic losses and damages. 

The state of New Hampshire may, in agreement with the commis- 
sion and the chief of engineers, acquire title or option to acquire title to 
any or all lands, rights or other property required for any flood control 
dam and reservoir within its boundaries, and transfer such titles or 
options to the United States. Whenever the fair cost to said signatory 
state for such titles or options, as determined by the commission, is 
greater than the amount received therefor from the United States, Ihe 
Commonwealth of Massachusetts shall pay its share of such excess cost 
to said state of New Hampshire, such share to be determined by the com- 
mission in accordance with procedure herein contained for determining 
reimbursement for economic losses and damages. 

Whenever the commission shall not agree, within a reasonable time 
or within sixty days after a formal request for the governor of the state 
of New Hampshire or the Commonwealth of Massachusetts, concerning 
reimbursement for loss of taxes or for economic losses and damages at 
any flood control dam and reservoir heretofore or hereafter constructed 
by the United States in the Merrimack River Valley, or concerning the 
extent, if any, to which reimbursement shall be made for additional loss 
of taxes and for additional economic losses and damages caused by con- 
struction, reconstruction, alteration or use of any such dam for purposes 



1957] Chapter 27 31 

other than flood control, the governor of each signatory state shall 
designate a person from his state as a member of a board of arbitration, 
hereinafter called the board, and the members so designated shall choose 
one additional member who shall be chairman of such board. Whenever 
the members appointed by the governors to such board shall not agree 
within sixty days on such additional member of the board, the gover- 
nors of such signatory states shall jointly designate the additional mem- 
ber. The board shall by majority vote decide the question referred to it 
and shall do so in accordance with the provisions of this compact con- 
cerning such reimbursement. The decision of the board on each question 
referred to it concerning reimbursement for loss of taxes and for eco- 
nomic losses and damages shall be binding on the commission and on 
each signatory state, notwithstanding any other provision of this com- 
pact. 

Article VI. 

Nothing contained in this compact shall be construed as a limita- 
tion upon the authority of the United States. 

Article VII. 

The signatory states agree to appropriate for compensation of 
agents and employees of the commission for office, administrative, travel 
and other expenses on recommendation of the commission subject to 
limitations as follows: The Commonwealth of Massachusetts obligates 
itself to not more than seventeen thousand five hundred dollars for the 
first year and to not more than fourteen thousand dollars in any one 
year thereafter, the state of New Hampshire obligates itself to not 
more than seven thousand five hundred dollars the first year and to not 
more than six thousand dollars in any one year thereafter. 

Article VIII. 

Should any part of this compact be held to be contrary to the con- 
stitution of either signatory state or of the United States, all other parts 
thereof shall continue to be in full force and effect. 

Article IX. 

This compact shall become operative and effective when ratified by 
the Commonwealth of Massachusetts and the state of New Hampshire, 
and approved by the Congress of the United States. Notice of ratifi- 
cation shall be given by the governor of each state to the governor of 
the other state and to the President of the United States, and the Presi- 
dent of the United States is requested to give notice to the governors of 
the Commonwealth of Massachusetts and the state of New Hampshire 
of approval by the Congress of the United States. 

487- A :2 Procedure for Notification and Recordation of Compact. 
The said agreement or compact when ratified by the legislature of each 
of said states and approved by the Congress of the United States, shall 
thereupon become operative and effective. The governor is authorized and 



32 Chapter 27 [1957 

directed forthwith to notify the governor of the Commonwealth of 
Massachusetts and the President of the United States, that the state of 
New Hampshire on its part has approved and ratified said compact or 
agreement. Upon its execution in tripHcate by the commissioners or 
representatives of each of said states as aforesaid, a duly executed 
original thereof shall be filed in the office of the secretary of state of 
New Hampshire, together with the original notice of ratification re- 
ceived from the governor of Massachusetts, and such notice, if any, as 
may be received from the President or the Congress of the United 
States, signifying the approval of such Congress thereto. 

487- A :3 Appointment of Commission. Within thirty days after 
the aforesaid agreement or compact shall have become effective as pro- 
vided in section 2 of this chapter, the governor, shall, with advice and 
consent of the council, appoint three members of the Merrimack River 
Valley Flood Control Commission, one of whom shall serve until the first 
day of March 1958, one of whom shall serve until the first day of March 
1959, and one of whom shall serve until the first day of March 1960. In 
the month of February 1958, and each year thereafter, the governor, by 
and with the advice and consent of the council shall appoint one member 
of the said commission whose term of office shall be three years from 
and after the first day of March of the year in which he is appointed. 

487-A:4 Vacancies. In the event of a vacancy in the commission, 
the governor shall, with the advice and consent of the council, appoint a 
member to serve only for the unexpired term. Any member of the com- 
mission shall be eligible for reappointment. 

487-A:5 Compensation. Each commissioner designated or ap- 
pointed by the governor and council, if he holds no salaried state office, 
shall be paid by the state as compensation the sum of thirty dollars for 
each day's service performed in connection with his duties as such com- 
missioner but not to exceed six hundred dollars in any fiscal year. Such 
compensation shall be paid by the state treasurer, upon warrant of the 
governor, with the advice and consent of the council, upon bills approved 
by the chairman or vice chairman and treasurer of the commission. All 
commissioners shall be entitled to their actual expenses incurred in the 
performance of their duties as such. 

27:2 Appropriation. The sum of seven thousand five hundred 
dollars is hereby appropriated for the fiscal year ending June 30, 1958, 
and the sum of six thousand dollars for the fiscal year ending June 30, 
1959, for the purpose of carrying out the provisions of Article VII of 
said compact or agreement relating to payment by the state to the Mer- 
rimack River Valley Flood Control Commission of the proportionate 
share of the state in the expenses of said commission. For the purposes 
of RSA 487-A:5, an additional sum of eighteen hundred dollars is appro- 



1957] Chapters 28, 29 33 

priated for the fiscal year ending- June 30, 1958, and a like sum for the 
fiscal year ending June 30, 1959. 

27:3 Takes Effect. This act shall take effect upon its passage. 
[Approved March 14, 1957.] 
[Effective date March 14, 1957.] 



CHAPTER 28. 

AN ACT RELATIVE TO SALE OF LIQUOR AND BEVERAGES BY ADMINISTRATORS 
AND OTHERS IN CERTAIN CASES. 

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

28:1 Sale of Liquor or Beverages. Amend RSA 175 by inserting 
after section 3 the following new section: 175:3-a Exception. Not- 
withstanding any other provision of this title the commission may issue 
special permits to an assignee, sheriff or other person, including an 
administrator or executor, to sell liquor or beverages which may have 
come into his possession in his official capacity. The commission may 
make special rules and regulations to cover the sales authorized under 
this section. 

28:2 Wholesaler's Permit. Amend RSA 181 by inserting after 
section 9 thereof the following new section: 181:9-a No person shall 
through stock ownership, interlocking stock ownership, interlocking 
directors, or otherwise, have an interest or control, either direct or in- 
direct, in the business of the holder of a wholesaler's permit unless he has 
been a resident of the state for three consecutive years immediately 
prior thereto. The provisions of this section shall not apply to the re- 
newal of existing wholesale permits by the holders thereof at the time 
of the passage of this act. 

28:3 Takes Effect. This act shall take effect upon its passage. 
[Approved March 15, 1957.] 
[Effective date March 15, 1957.] 



CHAPTER 29. 



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: 

29:1 Special Head Tax. There is hereby levied and assessed in 
1957 and 1958 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. 



34 Chapter 29 [1957 

29 :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 pre- 
ceding the date of each assessment of the head tax hereunder. 

29:3 Time of Payment. Said head tax shall be assessed upon 
April 1, 1957, and April 1, 1958, and payable upon demand on or after 
each of said dates. 

29:4 Collection. The selectmen of towns and assessors of cities 
shall on or before June 1, 1957 and June 1, 1958, 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 tov,^n 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 town 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 pre- 
scribed and provided by the state treasurer, the total amount thereof. 
Upon application by the assessors the tax commission for good cause 
may extend the time for such delivery. 

29:5 Penalty. There shall be added to any special head tax not 
paid in full on or before December first following the assessment thereof 
the sum of fifty cents which shall be collected with the tax as incident 
thereto. 

29:6 Remedies for Collection. Said special head taxes may be 
collected by all of the means and methods provided in RSA 80 and the 
provisions of RSA 214:10 and RSA 260:4, 6 as amended by 1955, 39:2, 
50:17, and 125:1 shall apply to the special head tax assessed hereunder. 

29:7 Husband Liable. A husband shall be liable for the payment 
of the special head tax assessed against his wife, if, when it was assessed, 
they were living together. 

29:8 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. 

29:9 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 treas- 
urer all special head taxes and penalties collected during the preceding 
three months after first deducting ten per cent of the head taxes 
collected. Such deduction shall be for the use of the town or city to 
offset all expenses incurred in the assessment and collection of the 
special head taxes; provided however that in towns where the collector 
of taxes is paid on a part time or commission basis not less than thirty 



1957] Chapter 29 35 

percent 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 re- 
tained by it shall be reduced by one quarter of one per cent for each 
week or part thereof said payment is overdue. 

29:10 Final Payment. Each town and city shall cause its treas- 
urer 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 liable less the ten per cent deduction pro- 
vided 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 treas- 
urer 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 pay- 
ments of head taxes then due have been paid to him. 

29:11 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. 

29:12 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 payment 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 commission for review. If, 
upon review, the tax commission decides that the abatement should not 
have been made it shall disallow the abatement and upon notice thereof 
the town shall pay to the state the amount of all abatements so dis- 
allowed. 

29:13 Supplementary Bond of Collector. Whenever the tax com- 
mission deems it ncessary, 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. 

29:14 Supplies, Bills and Postage. The tax commission shall pro- 
vide each city and town, without charge, printed tax bills, envelopes, 
postage, or postal cards, and other supplies, to be used in assessing and 



S6 Chapter 30 [1957 

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

29 :15 Exemptions. All persons on active duty in the armed forces 
of the United States of America on the date of assessment shall be 
exempt from payment of the special head tax. Veterans totally and 
permanently disabled from service connection who are drawing federal 
compensation or pension and whose income, exclusive of said compen- 
sation 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. 

29:16 Disposition of Taxes. All funds received by the state treas- 
urer 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. 

29:17 Takes Effect. This act shall take effect upon April 1, 1957. 
[Approved March 15, 1957.] 
[Effective date April 1, 1957.] 



CHAPTER 30. 



AN ACT RELATIVE TO PURCHASE AND DISTRIBUTION OF SALK POLIOMYELITIS 

VACCINE BY THE STATE. 

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

30:1 Appropriation. The sum of forty thousand dollars is hereby 
appropriated for the period from, the date of the passage of this act to 
June 30, 1958, and a like sum is hereby appropriated for the fiscal year 
ending June 30, 1959 to be expended under the direction of the board of 
health for the following purposes. Said appropriations shall be used for 
the purpose of purchasing Salk Poliomyelitis vaccine and for distributing 
the same, together with the costs of administering the program, under 
rules and regulations of the state board of health for the inoculation of 
persons in the state for the prevention of poliomyelitis. The governor is 
authorized to draw his warrants for the sums hereby appropriated out 
of any money in the treasury not otherwise appropriated. 

30:2 Rules and Regulations; Acceptance of Fedeal Aid. The state 
board of health is hereby authorized to adopt rules and regulations to 



1957] Chapters 31, 32 37 

carry out the provisions of this act. In connection with the provisions 
hereof said board shall have authority to receive and expend all funds 
made available to the state by the federal government for the purchase 
and distribution of said vaccine. 

30:3 Funds. In case that the sums hereby appropriated shall be 
insufficient to carry out the purposes of this act, the governor is author- 
ized to draw his warrant upon the so-called emergency fund for further 
sums for the purposes hereof. 

30:4 Takes Effect. This act shall take effect upon its passage. 
[Approved March 16, 1957.] 
[Effective date March 16, 1957.] 



CHAPTER 31. 

AN ACT RELATIVE TO EMERGENCY USE OF PARTY LINE TELEPHONES. 

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

31:1 Civil Defense. Amend RSA 572:38-a (supp) as inserted by 
1955, 235:1 by striking out said section and inserting in place thereof 
the following: 572:38-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, as hereinafter defined, or 
shall wilfully represent falsely that the use of a telephone party line is 
needed to give a fire alarm or emergency call shall be fined not more than 
fifty dollars. The words ''emergency call" as used in this section shall 
mean calls for police, medical aid, or ambulance service in case of emer- 
gency and shall also mean civil defense, alert calls and air raid warning 
system calls, both actual and drill, and aircraft flash calls. 

31 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 16, 1957.] 
[Effective date March 16, 1957.] 



CHAPTER 32. 



AN ACT REPEALING THE PROVISIONS FOR ANNUAL RETURNS AND ANNUAL 
RETURN FEES FOR VOLUNTARY CORPORATIONS. 

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

32:1 Voluntary Corporations. RSA 292:5-a (supp) as inserted by 
1955, 171:8 and as amended by 1955, 448:5, providing that voluntary 
corporations and associations file an annual return and pay an annual 
fee, is hereby repealed. 



38 Chapters 33, 34 [1057 

32:2 Inactive List. Amend RSA 292 by inserting* after section 8 
the following new section: 292:8-a Disposition of Records by Secre- 
tary of State. The secretary of state is hereby directed to remove from 

the so-called active list of voluntary corporations in his office the name 
of any such corporation which failed to make the returns in 1956 which 
were required at that time under RSA 292:5-a. The secretary of state 
shall keep on an inactive list the names of corporations so failing to make 
returns. If any such corporation shall wish to be entered on the active 
list it shall forward to the secretary of state a list of the names and 
addresses of all its officers and directors or governing board together 
with its principal address and shall also pay a fee of five dollars for the 
transfer of the name of the corporation from the inactive to the active 
list. 

32:3 Takes Effect. This act shall take effect upon passage. 
[Approved March 16, 1957.] 
[Effective date March 16, 1957.] 



CHAPTER 33. 

AN ACT RELATING TO WATER COMPANIES, WHEN NOT PUBLIC UTILITIES. 

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

33:1 Definition of Term Public Utility. Amend RSA 362:4 by 
striking from the fifth line thereof the word "ten" and inserting in place 
thereof the word, thirty, so that said section as amended shall read as 
follows : 362 :4 Water Companies, When Not Public Utilities. No such 
corporation, company, association, joint stock association, partnership, 
or person shall be deemed to be a public utility by reason of the owner- 
ship or operation of any water system or part thereof, if the whole of 
such water system shall supply a less number of consumers than thirty, 
each family, tenement, store, or other establishment being considered a 
single consumer. 

33:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 16, 1957.] 
[Effective date May 15, 1957.] 



CHAPTER 34. 

AN ACT RELATIVE TO THE SALARY OF THE CARROLL COUNTY SOLICITOR. 

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

34:1 County Solicitor, Carroll County. Amend RSA 7:35 (supp) 
as amended by 1955, 247 :2 by striking out the words "In Carroll, twelve 



1957] Chapters 35, 36 39 

hundred dollars" and inserting in place thereof the words, In Carroll, two 
thousand dollars, so that said section as amended shall read as follows: 
7:35 Salaries. The annual salaries of the solicitors in the several 
counties shall be as follows : 

In Rockingham, twenty-two hundred dollars. 

In Strafford, two thousand dollars. 

In Belknap, eighteen hundred dollars. 

In Carroll, two thousand dollars. 

In Merrimack, twenty-five hundred dollars. 

In Hillsborough, thirty-three liundred dollars. 

In Cheshire, two thousand dollars. 

In Sullivan, fifteen hundred dollars. 

In Grafton, twenty-four hundred dollars. 

In Coos, twenty-four hundred dollars. 

34:2 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved March 16, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 35. 



AN ACT INCREASING THE JURISDICTION OF MUNICIPAL COURTS IN 

SMALL CLAIMS. 

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

35:1 Definition. Amend RSA 503:1 by striking out the word 
"sixty" in the third line and inserting in place thereof the words, one 
hundred, so that said section as amended shall read as follows: 503:1 
Small Claim Defined. A small claim is any right of action not involving 
the title to real estate in which the debt or damages, exclusive of interest 
and costs, does not exceed one hundred dollars. 

35:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 16, 1957.] 
[Effective date May 15, 1957.] 



CHAPTER 36. 



AN ACT RELATIVE TO EXAMINATIONS AND FEES IN THE PRACTICE OF 

OPTOMETRY. 

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

36:1 Board of Registration in Optometry. Amend RSA 327:2 by 
striking out the words "doing business" and inserting in place thereof 



40 Chapter 36 [1957 

the word, practicing-, so that said section as amended shall read as 
follows: 327:2 Eligibility to Membership. There shall be a board of 
reg"istration in optometry consisting of five skilled optometrists of good 
repute residing and practicing in the state. No person shall be eligible 
to serve on said board unless he shall have been engaged in the practice 
of his profession for a period of not less than six years previous to his 
appointment. 

36:2 Examinations. Amend RSA 327:6 by striking out said 
section and inserting in place thereof the following: 327:6 Certificates 
of Qualifications and Fees. No person, except as otherwise provided in 
this chapter, shall practice optometry until he shall have passed an ex- 
amination approved by the board in theoretical, practical and physi- 
ological optics, in theoretical and practical optometry, and in anatomy, 
physiology and pathology of the eye, and shall have demonstrated his 
ability to properly use the ophthalmoscope, the retinoscope and other 
scientific instruments and methods used in the practice of optometry, 
and shall have been registered and shall have received a certificate of 
qualification in optometry. Every applicant for examination shall present 
satisfactory evidence in the form of affidavits properly sworn to, that 
he is a citizen of the United States, that he is over twenty-one years 
of age and of good moral character, that he has had one year at a college 
or junior college of arts and sciences with satisfactory grades, and 
graduated from a school or college of optometry approved by the board, 
maintaining a minimum of three years in optometric training. The fee 
for the examination for registration shall be twenty-five dollars, and 
those passing the examination shall receive the certificate of qualification 
without additional charges. Any person failing to pass a satisfactory 
examination shall be entitled to re-examination at any future meeting 
of the board within two years without further fee; after two years the 
charge will be five dollars for each subsequent examination. 

36:3 Duplicate Photograph. Amend RSA 327:11 by striking out 
the words "and a duplicate thereof affixed to the certificate" so that said 
section as amended shall read as follows : 327:11 — Record of. Every 
certificate issued by said board shall be numbered and recorded in a 
book kept in the office of said board, and its number shall be noted upon 
the certificate. A photograph of the person registered shall be filed v/ith 
the record. In all legal proceedings the record and photograph so kept 
in the oflfice of said board, or certified copies thereof shall be prima facie 
evidence of the facts therein stated. 

36:4 Annual Fee. Amend RSA 327:14 by striking out the word 
"five" in the fourth line and inserting in place thereof the word, seven, 
so that said section as amended shall read as follows: 327:14 Appli- 
cations; Fees. Every registered optometrist shall, annually, before July 
first, sign, and forward this statement and application for renewal of his 
registration certificate to the secretary of the board, together with an 



1957] Chapter 37 41 

annual license fee of seven dollars, in default of which th( board may 
revoke or suspend his registration certificate and his authority to 
practice optometry thereunder, after a hearing as provided by section 
22 ; but the payment of said fee at or before the time of hearing, with 
such additional sum, not exceeding five dollars, as may be fixed by the 
board, shall remove the default. 

36:5 Takes Effect. The provisions of section 4 relative to increase 
in annual fees shall take effect as of June 30, 1957, and the remaining 
sections of this act shall take effect sixty days after its passage. 
[Approved March 21, 1957.] 
[Effective date: 

Section 4 — June 30, 1957 

Remaining sections — May 20, 1957.] 



CHAPTER 37. 

AN ACT RELATIVE TO PENALTY FOR ILLEGAL PRACTICE OF CHIROPRACTIC. 

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

37:1 Practice of Chiropractic. Amend RSA 316:20 by inserting 
after the word "chiropractic" in the third line the words, or shall 
practice chiropractic, so that said section as amended shall read as 
follows: 316:20 Penalties. Whoever, not being registered and 
licensed as herein provided, shall advertise himself or in any way hold 
himself out as qualified to practice chiropractic, or shall practice chiro- 
practic, or whoever does so after receiving notice that his license has 
been revoked, and whoever, being registered and licensed as herein pro- 
vided, shall advertise or call himself, or allow himself to be advertised 
or called a physician or a doctor, or use any physician's or doctor's in- 
signia as such, except "Doctor (name of chiropractor) chiropractor," 
shall be fined not more than one hundred dollars, or imprisoned not more 
than three months for the first offense, and for any subsequent offense 
he shall be fined not more than two hundred and fifty dollars, or im- 
prisoned not more tlian six months, or both; and upon conviction his 
license shall be revoked. 

37:2 Takes Effect. Tliis act shall take effect upon its passage. 
[Approved March 25, 1957.] 
[Effective date March 25, 1957.] 



42 Chapters 38, 39 [1957 

CHAPTER 38. 

AN ACT RELATIVE TO MOTOR VEHICLES OR TRAILERS TRANSPORTING 

PULPWOOD. 

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

38:1 Width and Length of Motor Vehicles. Amend RSA 263 by 
inserting after section 65 the following- new section: 263:65-a 
Vehicles Transporting Pulpwood. Notwithstanding the provisions of 
section 65 a motor vehicle or trailer transporting pulpwood or boltwood 
may be operated on any way or bridge if the width of the load does not 
exceed one hundred two inches if said vehicles and trailers are equipped 
with (1) a strip three inches thick extending along the sides of the plat- 
form securely fastened to the platform so that the load shall pitch to the 
center of vehicle, (2) solid-boarded tailboard or five stakes evenly spaced 
of sufficient strength to maintain the weight of the load and such load 
at no place along its length is higher than the tailboard or stakes and 
(3) each tier and/or row is bound by a chain or steel cable and binder to 
adequately secure the load to the body, such chains to be made of not 
less than three-eighth inch wire and such cable to be not less than a 
one-half inch wire cable. 

38:2 Limitation. The commissioner of public works and highways 
is hereby empowered to modify the motor vehicle width limits herein- 
before provided in so far as may be necessary to provide that the state 
shall receive maximum highway aid. 

38:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 25, 1957.] 
[Effective date May 24, 1957.] 



CHAPTER 39. 



AN ACT CONCERNING INVESTMENTS BY SAVINGS BANKS IN MORTGAGES OF 
IMPROVEMENTS ON LAND SUBJECT TO A UNITED STATES FOREST 

SER^^CE PERMIT. 

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

39:1 Investments of Savings Banks; Real Estate and Tangible 
Personal Property. Amend RSA 387:4, II by striking out said para- 
graph and inserting in place thereof the following: IL Buildings at 
Hampton and Improvements on Land Subject to a United States Forest 
Service Permit. The following shall be construed to be real estate for 
the purposes of paragraph I. (1) Buildings on land at Hampton in the 



1957] Chapters 40, 41 43 

county of Rockingham owned by lessees of real estate owned by the town 
of Hampton and leased by said town to Hampton Beach Improvement 
Company or directly to other lessees, together with those owned by sub- 
lessees or lessees of Hampton Beach Improvement Company or the town 
of Hampton, and (2) improvements, buildings and structures on land 
within national forests within this state upon which the mortgagor holds 
a term special use permit from the United States Forest Service of not 
less than twenty-five years' duration. 

39:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 25, 1957.] 
[Effective date May 24, 1957.] 



CHAPTER 40. 



AN ACT RELATIVE TO THE EVASION OF TOLLS AND CHARGES ON USE OF 
HIGHWAYS AND BRIDGES. 

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

40:1 Tolls on Use of Highways and Bridges. Amend RSA 249 by 
inserting after section 30 the following new section: 249:30-a Evasion 
of Tolls and Charges. If any person shall fail, neglect or refuse to pay 
the toll or charge established under authority of law for the use of or 
passage over any bridge or highway or part thereof, he shall be deemed 
guilty of a misdemeanor and shall be fined not more than twenty-five 
dollars. 

40:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 25, 1957.] 
[Effective date May 24, 1957.] 



CHAPTER 41. 



AN ACT RELATING TO COMMITTAL TO JAIL FOR THE NON-PAYMENT 

OF TAXES. 

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

41:1 Refusal to Pay Taxes. Amend RSA 80:12 by striking out 
the words "fifty cents per day, to be applied on the amount of his tax 
and costs of commitment" in the sixtli and seventh lines, and inserting 
in place thereof the words, one dollar and fifty cents per day, to be applied 
on the amount of his tax, costs of commitment and charges of imprison- 



44 Chapters 42, 43 [1957 

ment, so that said section as amended shall read as follows: 80:12 
Arrest. For want of goods and chattels whereon to make distress, the 
collector may take the body of any person neglecting or refusing to pay 
the tax assessed against him, and commit him to the county jail or 
house of correction; and when any person is so committed to any jail or 
house of correction where there is a workshop connected he shall be 
credited for his labor therein at the rate of one dollar and fifty cents 
cents per day, to be applied on the amount of his tax, costs of commit- 
ment and charges of imprisonment. 

41:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 25, 1957.] 
[Effective date May 24, 1957.] 



CHAPTER 42. 



AN ACT PROVIDING FOR AN ADDITIONAL APPROPRIATION FOR EXPENSES 

OF THE LEGISLATURE. 

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

42:1 Supplemental Appropriation. The sum of one hundred and 
twenty-five thousand dollars is hereby appropriated for the fiscal year 
ending June 30, 1957 for expenses of the legislature. This appropriation 
shall be in addition to any other sums appropriated for the legislature, 
shall not lapse and shall not be transferred to any other department, 
institution or account. The sum hereby appropriated shall be a charge 
on the general funds. 

42 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 25, 1957.] 
[Effective date March 25, 1957.] 



CHAPTER 43. 



AN ACT RELATING TO PERMITTING DOMESTIC INSURANCE COMPANIES' 
INVESTMENTS TO BE HELD IN THE NAME OF A NOMINEE. 

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

43:1 Domestic Insurance Companies. Amend RSA 402:27 by in- 
serting at the end thereof the words, except that, subject to the approval 
of the insurance commissioner, securities kept under a custodial agree- 
ment with a bank or banking and trust company may be issued in the 
name of a nominee of such bank or banking and trust company, so that 



1957] Chapters 44, 45 45 

said section as amended shall read as follows : 402 :27 In Corporate 
Name; Exception. All investments and deposits of the funds of an in- 
surance company organized under the laws of this state shall be made 
in its corporate name except that, subject to the approval of the in- 
surance commissioner, securities kept under a custodial agreement with 
a bank or banking and trust company may be issued in the name of a 
nominee of such bank or banking and trust company. 

43: 2 Takes Effect. This act shall take effect sixty days after 
its passage. 

[Approved March 25, 1957.] 
[Effective date May 24, 1957.] 



CHAPTER 44. 



AN ACT RELATING TO THE SALARY OF THE DEPUTY REGISTER OF 
PROBATE FOR CARROLL COUNTY. 

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

44:1 Salaries of Deputies. Amend RSA 548:19 by striking out 
said section and inserting in place thereof the following: 548:19 
Salaries of Deputies. The annual salaries for the deputy registers of 
probate shall be paid by the state and shall be as follows: Deputy 
registers of probate for the counties of Rockingham, Hillsborough and 
Merrimack, minimum, $2,970, maximum, $3,450 ; for said officers for the 
counties of Strafford, Belknap and Grafton, minimum, $2,300, maximum, 
$2,780 ; for said officer for the county of Carroll, minimum, $1,800, maxi- 
mum, $2,280; for said officers for the counties of Cheshire, $1,500, Sulli- 
van, $1,300, and Coos, $1,500; provided, however, that for the counties of, 
Rockingham, Strafford, Grafton, Hillsborough, Merrimack and Belknap 
no money shall be paid to said officers for clerk hire under section 20 of 
this chapter. Each year an increase of one hundred and twenty dollars 
shall be paid until the maximum is reached. 

44:2 Takes Effect. This act shall take effect July 1, 1957. 
[Approved March 25, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 45. 



AN ACT PROVIDING FOR THE CLASSIFICATION OF DALTON BROOK AND 

Messer Brook watersheds. 

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

45:1 Classification. On and after the effective date of this act the 



46 Chapter 46 [1957 

following surface waters shall be classified in accordance with provisions 
of chapter 149, RSA: 

L Dalton Brook and all its tributaries, in the town of Hooksett, 
county of Merrimack, from their sources to confluence with the Merri- 
mack River, Class B-1. 

11. Messer (Prescott) Brook and its tributaries, in the town of 
Hooksett, county of Merrimack, from their sources to confluence with 
the Merrimack River, Class B-1. 

45 :2 Takes Effect. This act shall take effect July 1, 1957. 
[Approved March 25, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 46. 



an act providing for the classification of ossipee and 
Little Ossipee River watersheds. 

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

46:1 Classification. On and after the effective date of this act 
the following surface waters shall be classified in accordance with pro- 
visions of chapter 149, RSA : 

I, Dan Hole Pond and Little Dan Hole Pond and their tributaries 
and outlet, in the towns of Ossipee and Tuftonboro, county of Carroll, 
from their sources to the crest of the water supply intake dam of the 
Ossipee Water Company, Class A. 

H. White Lake and its tributaries, in the town of Tamworth, 
county of Carroll, from their sources to the outlet of White Lake, 
Class A. 

HI. Alpine Lake (formerly Upper Beech Pond) and its tribu- 
taries, town of Wolfeboro, county of Carroll, from their sources to the 
outlet of said lake. Class A. 

IV. Wonalancet River and its tributaries, in the town of Water- 
ville, county of Grafton, and in the town of Sandwich, county of Carroll, 
from their sources to the Ferncroft Water Supply intake, Class A. 

V. Moulton Brook and its tributaries, in the town of Freedom, 
county of Carroll, from their sources to the crest of the lower reservoir 
dam. Class A. 

VL Ossipee River and all its tributaries (except those in above 
Items I thru V, inclusive) including the Bearcamp, Pine, Lovell, and 
South Rivers and all their tributaries, in the towns of Brookfield, Wake- 
field, Wolfeboro, Moultonborough, Tuftonboro, Ossipee, Effingham, Free- 
dom, Eaton, Madison, Tamworth, Sandwich and Albany, county of Car- 



1957] Chapter 47 47 

roll, and Waterville in the county of Grafton, from their sources to the 
New Hampshire-Maine state line. Class B-1. 

VII. All other surface waters in the Ossipee Pwiver and Little 
Ossipee River watersheds upstream from the New Hampshire-Maine 
state line, in the towns of Brookfield, Wakefield, Wolfeboro, Moulton- 
borough, TuftonLoro, Ossipee, Effingham, Freedom, Eaton, Madison, 
Tamworth, Sandwich and Albany, county of Carroll, and Waterville in 
the county of Grafton, hitherto unclassified and which are not included 
in items I thru VI, Class B-1. 

46:2 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved March 25, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 47. 



AN ACT RELATING TO THE ISSUANCE OF LICENSES FOR THE SALE OF 
LIQUOR IN RESTAURANTS. 

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

47:1 Licenses for Restaurants. Amend RSA 178 by inserting 
after section 3 the following new sections: 178:3-a. Licenses for 
Restaurants. The commission may issue a license to any first class 
restaurant in any town, if such restaurant also holds a permit provided 
under RSA 181 :4, which shall entitle the licensee to sell liquor by the 
glass and fortified wines by the bottle, if the cork is drawn, with meals 
at tables only in the restaurant ; said liquor and/or fortified wines to be 
consumed with meals at tables only in the approved dining rooms of said 
restaurant. Minimum charge for said meals shall be not less than one 
dollar each. The determination of what is a first class restaurant is to be 
within the discretion of the commission. Licenses shall be granted only 
to such restaurants as the commission at its discretion shall approve and 
then only to such restaurants as can show the commission on forms and 
under regulations prescribed by the commission that at least sixty per 
cent of the gross sales shall fall within the category of food. Annually 
thereafter or as may seem necessary the commission shall review each 
license and/or each application for renewal on the conditions stated in 
this section. No license shall be granted to any restaurant under the pro- 
visions of this section in any town or city that has voted to proliibit the 
sale of alcoholic beverages within its confines. 178:3-b. Fees. The 
annual fee for each license issued under section 3-a shall be fixed by the 



48 Chapter 48 [1957 

commission but shall not be less than one hundred dollars nor more than 
three hundred dollars. 

47:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 28, 1957.] 
[Effective date May 27, 1957.] 



CHAPTER 48. 



an act modifying the new hampshire teachers' retirement 

System and integrating its benefits with Federal Old- 

Age and Survivors' Insurance benefits. 

Be it enacted by the Senate and House of Representatives in General 
Court conv^ened: 

PART I 

Declaration of Policy 
48:1 Declaration of Policy. It is the purpose of the legislature in 
the enactment hereof to provide a means whereby the educational staff 
of the state and of its political subdivisions who are now members or 
eligible to be members of the teachers' 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 retain- 
ing certain advantages of their present retirement plan. It is a further 
purpose of the legislature in the enactment hereof to secure to the state 
and its political subdivisions such financial benefits as may accrue to 
them through the adoption of a retirement plan for such staff members 
of which old-age and survivors insurance is a part. 

PART II 

Statute Amended 
48:2 Employment Defined. Amend paragraph II of RSA 101:2 

(supp) as amended by 1955, 301, part 11:2 by striking out said paragraph 
and inserting 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 em- 
ployer, except (1) service which in the absence of an agreement en- 
tered 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 included in an agi'eement between the state and the Secre- 
tary of Health, Education and Welfare entered into under this act, or 

(3) service performed by members and those eligible to be members of 
the policemen's retirement system or firemen's retirement system; or 

(4) service of an emergency nature; or (5) service performed by a stu- 
dent as provided in section 218 (c) (5) of the Social Security Act; or 



1957] Chapter 48 49 

(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 sub- 
division 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 "employment" 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 10 hereof. 

48:3 Teachers' Retirement System as one System. Amend RSA 
101 :3 by inserting after paragraph III as inserted by 1955, 301, part II :5 
thereof the following new paragraph. IV. Teachers' Retirement 
System. Pursuant to section 218 (d) (6) of the Social Security Act, the 
New Hampshire teachers' retirement system shall, for the purposes 
hereof, be deemed to constitute one retirement system and service in 
positions covered thereby shall not constitute employment by a political 
subdivision for the purposes of section 5 hereof. 

48:4 Referendum. Amend paragraph I of RSA 101:10 (supp) as 
inserted by 1955, 301, part 11:6 by striking out said paragraph and in- 
serting in place thereof the following: I. Referendum. With respect 
to employees of the state or members of the teachers' retirement system 
the governor is empowered to authorize a referendum, and with respect 
to the employees of any political subdivision, other than members of the 
teachers' retirement system, he shall authorize a referendum upon re- 
quest of the governing body of such subdivision except as otherwise pro- 
vided herein; and in such 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 
the Social Security Act, on the question of whether service in positions 
covered by a retirement system established by the state or by a political 
subdivision thereof should be excluded from or included under an agree- 
ment under this act. In the case of the referendum with respect to the 
employees of the state or the members of the teachers' retirement 
system, the conduct thereof shall be governed by such rules as the gover- 
nor, after consultation with the respective representatives of employee 
or teacher organizations, shall approve. The notice of referendum re- 
quired 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 lia1)ilities to which 
they will be subject, if their services are included under an agreement 
under this chapter. 



50 Chapter 48 [1957 

48:5 Contributions by Employees. Amend paragraph I of RSA 
101:4 (supp) as amended by 1955, 332:4 by striking- out said paragraph 
and inserting in place thereof the following: I. Every employee of 
the state and every teacher in a position covered by the teachers' i-e- 
tirement system whose services are covered by an agreement entered in- 
to under section 3 shall be required to pay for the period of such cover- 
age, 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 Insurance Contributions Act if such 
service constituted employment within the meaning of that act. Such 
liability shall arise in consideration of such person's retention in such 
service, or his entry upon such service, after the enactment of this act. 
For the purposes of this paragraph the coverage of such teachers shall 
be deemed to commence on July 1, 1957. 

PART III 
Old- Age and Survivors' Insurance 
48:6 Definitions. I. As used in this part, the following words 
and phrases shall be construed as indicated below, unless the context 
plainly requires otherwise. 

"Contribution fund" shall mean and refer to the contribution fund 
established by RSA 101 :6. 

"Teachers' retirement system" shall mean and refer to the New 
Hampshire Teachers' Retirement System as established by RSA 192. 

"Trustees" shall mean and refer to the trustees of the teachers' 
retirement system. 

"PoHtical subdivision" shall mean an "employer" as defined in 
RSA 192 other than the state. 

II. The provisions of RSA 101 :2 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. 

48:7 Integration of Teachers' Retirement System with OASI. 
Amend RSA 101 (supp) as amended by 1955, 301 by inserting at the 
end thereof the following new sections: 101:17 Modification Author- 
ized. I. Whenever following the referendum with respect to the mem- 
bers of the teachers' retirement system authorized in paragraph I of 
section 10 of RSA 101 as inserted hereinbefore, it shall appear that said 
members have voted in favor of including service in positions covered by 
the teachers' retirement system under an agreement under said chapter 
101, and it shall further appear that the governor has filed with the 
secretary of health, education and welfare with respect to said referen- 
dum the certificate required by paragraph II of said section 10, the state 
agency shall forthwith request the secretary of health, education and 
welfare to effect a modification of the agreement between the state and 



1957J Chapter 48 51 

the secretary of health, education and welfare made under the provisions 
of said chapter so as to include under said agreement such service in 
positions covered by the teachers' retirement system which under said 
chapter constitutes employment performed in the employ of the state, or 
any political subdivision thereof. Such modification shall be entered into 
as of June 30, 1957 or as soon thereafter as practicable, and shall be 
effective with respect to such service performed after December 31, 
1955. 

II. Pursuant to the modification of agreement herein author- 
ized, each political subdivision shall be deemed to be a political sub- 
division as to which a plan has been approved under the provisions of 
RSA 101:5 with respect to its employees in positions covered by the 
teachers' retirement system, and to have otherwise adopted the pro- 
visions of chapter 101 ; provided, however, that such political subdivision 
shall pay with respect to such employees three-fifths of the total con- 
tributions which would otherwise be due under subparagraph (1) of 
paragraph III of said section 5 of chapter 101 and two-fifths thereof sliall 
be payable by the state. 

101:18. Financing Retroactive Coverage. The amounts payable 
by the state, or a political subdivision, into the contribution fund with 
respect to services performed in positions covered by the teachers' re- 
tirement system after December 31, 1955, and prior to July 1, 1957, are 
hereby made a charge upon any unexpended amounts provided by the 
state for the fiscal years beginning on July 1, 1956 and July 1, 1957 and 
any contributions payable for said period by any political subdivision, 
for the purposes of the teachers' retirement system. As soon as such 
amounts shall be ascertained, the state agency shall certify such amounts 
payable to the contribution fund to the trustees who shall cause said 
amounts to be paid into the contribution fund. The amounts equal to the 
tax which would be imposed by section 3101 of the Federal Insurance 
Contribution Act with respect to said period of service shall be deducted 
from the respective individual accounts held for the members of the 
teachers' retirement system in the teacher annuity savings fund unless 
a teacher within ten days after the date coverage is extended hereunder 
deposits an amount equal to such tax due on her account in the teachers' 
retirement system for payment to the contribution fund and each 
teacher who fails to make such deposit shall be deemed to consent and 
agree to the deduction from her account as a condition of her coverage 
hereunder. 

101:19 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 contribution fund during the 
biennium next following on account of the modification of agreement 
authorized by section 17, and it shall be the duty of the comptroller in 



52 Chapter 48 [1957 

preparing- the executive budget for the ensuing biennium to include in 
tlie budget the amounts so certified, which amounts shall be appro- 
priated 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 seasonably 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 biennium beginning July 1, 1957, and 
ending June 30, 1959, for which period the sum of $286,740.64 is hereby 
appropriated. 

48:8 Appropriation for Administrative Costs. The sum of three 
thousand dollars, or so much thereof as may be required, is hereby appro- 
priated for the purpose of meeting the state's pro rata share of admin- 
istrative costs, with respect to its own employees hereunder, and the 
governor is authorized to draw his warrants for the sum hereby appro- 
priated out of any money in the treasury not otherwise appropriated. 

PART IV 

Modification of the New Hampshire Teachers' Retirement System 
48:9 Definitions. Amend RSA 192:1 by inserting at the end 
thereof the following" new paragraphs: XXIII. "Primary insurance 
amount" shall mean the amount which a retired member may be en- 
titled 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 member 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 July 1, 1957. 

48:10 Service Retirement Benefits. Amend subparagraph (b) 
of RSA 192:5, II by striking out said subparagraph and inserting- in place 
thereof the following: (b) A state annuitj^ payable prior to his 
attainment of age sixty-five which, together with his teacher annuity, 
shall be equal to one-seventieth of his average final compensation 
multiplied by the number of years of his creditable service; after his 
attainment of age sixty-five his state annuity shall be reduced by one- 
one hundred and fortieth of his average final compensation not in ex- 
cess of $4,200 multiplied by the total of the number of years of his 
creditable service rendered after the date of modification and the num- 
ber of years of such service rendered prior to July 1, 1945; provided that 
such reduced retirement allowance, together with his primary insurance 
amount, shall not be less than the smaller of (i) the service retirement 
allowance payable prior to such reduction or (ii) fifty per cent of his 
average final compensation. 



1957] Chapter 48 53 

48:11 Disability Retirement Benefits. Amend subparagraph (b) 
of RSA 192:6, 11 by striking out said subparagraph and inserting in 
place thereof the following: (b) A state annuity payable prior to his 
eligibility for a primary insurance amount which, together with his 
teacher annuity, shall be equal to ninety per cent of the service retire- 
ment allowance that would be payable to him prior to his attainment of 
age sixty-five on the basis of his average final compensation and creditable 
at the time of his disability retirement; provided, however, that such 
allowance shall not be less than the smaller of (i) twenty-five per cent 
of his average final compensation reduced by one and two sevenths per 
cent per year for any years of service that would be creditable upon 
completion of contributions under subparagraph (e) of paragraph I of 
section 12 hereof, or (ii) ninety per cent of the service retirement allow- 
ance that would be payable to him at age sixty if he continued in service 
to said age without change in his average final compensation and without 
making any further contributions under said subparagraph (e) of para- 
graph I of section 12; after his eligibility for a primary insurance amount 
his state annuity shall be reduced to that which would be payable to him 
after his attainment of age sixty-five on the basis of his average final 
compensation and creditable service at the time of his disability retire- 
ment; provided, however, that such reduced retirement allowance, to- 
gether with his primary insurance amount, shall not be less than the 
smaller of (i) the disability retirement allowance payable prior to his 
eligibility for a primary insurance amount or (ii) forty-five per cent of 
his average final compensation. 

48:12 Contributions by Teachers. Amend subparagraphs (a) and 
(b) of RSA 192:12, I by striking out said subparagraphs and inserting 
in place thereof the following subparagraph : (a) The teacher annuity sav- 
ings fund shall be a fund in which shall be accumulated contributions 
from the compensation of members to provide for their teacher annuities. 
Upon the basis of such tables as the board of trustees shall adopt and 
regular interest, the actuary shall determine for each member the i)ro- 
portion of earnable compensation which, when deducted from each pay- 
ment of his prospective compensation earnable prior to his attainment of 
age sixty and accumulated at regular interest until his attainment of that 
age, is computed to provide at that time an allowance of one-one hundred 
and fortieth of the member's average final compensation multiplied by the 
number of years of his creditable membership service. Such proportion 
of compensation shall be computed to remain constant. The proportion 
so computed for a member age fifty-nine shall be used for a member who 
has attained a greater age before becoming a member of the retirement 
system. On and after the date of modification, such proportion of earn- 
able compensation, applied at the age attained at the time of his last 
becoming a member, shall be payable by each member with respect to 
his earnable compensation in excess of $4,200 per annum, and one-half 



54 Chapter 48 [1957 

of such proportion shall be payable by each member with respect to his 
earnable compensation not in excess of $4,200 per annum. The board of 
trustees shall certify to the proper authority or officer responsible for 
making up the payroll of each employer, and such authority or officer 
shall cause to be deducted from the compensation of each member, on 
each and every payroll of such employer for each and every payroll 
period, the proportions of earnable compensation of the member so 
computed. In determining the amount earnable by a member in a pay- 
roll period, the board may consider the rate of compensation payable to 
such member on the first day of a payroll period as continuing through- 
out the payroll period and it may omit deduction from compensation for 
any period less than a full payroll period if a teacher was not a member 
on the first day of the payroll period, and to facilitate the making of de- 
ductions it may modify the deduction required of any member by such 
an amount as shall not exceed one-tenth of one per cent of the annual 
earnable compensation upon the basis of which such deduction is made. 
The amounts deducted shall be reported to the board of trustees. Each 
of such amounts, when deducted, shall be paid to the retirement system 
at such times as may be designated by the board of trustees and credited 
to the individual account, in the teacher annuity savings fund, of the 
member from whose compensation the deduction was made. 

48:13 Accrued Liability Contribution. Amend subparagraph (d) 
of RSA 192:12, III by striking out said subparagraph and inserting in 
place thereof the following: (d) Immediately following the first actu- 
arial valuation after the date of establishment, the actuary shall com- 
pute the rate per cent of the total annual earnable compensation of all 
members which is equivalent to three and one-half 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 con- 
tribution" rate. In the event that the basis of determining benefits pay- 
able from the retirement system shall be substantially changed, the 
actuary shall recompute the accrued liability contribution rate. The re- 
computed accrued liability contribution rate shall be the rate per cent 
of the total annual earnable compensation of all members 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 would have been 
required to discharge the corresponding part of the liabilities of the 
state annuity accumulation fund if the basis of determining benefits 
payable from the retirement system had not been so changed. The 
acci ued liability contribution shall be discontinued as soon as the accu- 



1957] Chapter 48 55 

miilated reserves in the state annuity accumulation fund equal the pres- 
ent value, as actuarially 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 pro- 
spective normal contributions to be received on account of all members. 

48:14 Total Amount Payable. Amend subparagraph (e) of RSA 
192:12, III by striking- out said subparagraph and inserting in place 
thereof the following: (e) The total amount payable to the state an- 
nuity accumulation fund in each year shall be not less than the sum of 
the rates per cent known as the normal contribution rate and the 
accrued liability contribution rate, of the total compensation earnable 
by all members; provided, however, that the amount of each annual 
accrued liability contribution, 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 pro- 
vided that the aggregate payment by the employer shall be sufficient, 
when combined with the amount in the state annuity accumulation 
fund, to provide the state annuities payable out of the fund during the 
year then current. 

48:15 Past Contributions. Amend RSA 192 by inserting after 
section 20 the following new section: 192:21 Refund of Past Contri- 
butions. Any member may within six months after the date of modifi- 
cation elect to withdraw the excess of his accumulated contributions as 
of the date of modification over the accumulated contributions that 
would have resulted if during his membership prior to such date such 
member had made contributions at the rate or rates prescribed in sub- 
paragraph (a) of paragraph I of section 12 and to receive a reduced re- 
tirement allowance on account of his previous membership service calcu- 
lated on the same basis as for service after the date of modification of the 
system, any provision of this chapter to the contrary notwithstanding. 

48:16 Application of Part. Notwithstanding anj^ other provisions 
of law, the provisions of this Part shall not take effect nor have any 
application whatsoever unless and until the follov/ing conditions are 
met : I. A referendum has been conducted with respect to the members 
of the teachers' retirement system as authorized in RSA 101:10, I, and 
II. The governor has received satisfactory evidence with respect to sucli 
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 Secre- 
tary of Health, Education and Welfare as required in paragraph IT of said 
section 10. 



56 Chapter 48 [1957 

PART V 

Administrative ; Miscellaneous 

48:17 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, 1957, and said benefits shall be pay- 
able as provided by RSA 192 as in force prior to the amendments to said 
chapter provided for herein. 

48:18 Administration and Teachers' Retirement System. Nothing 
contained in this act shall be construed or deemed to divest the trustees 
of the New Hampshire Teachers' Retirement System of any of their 
powers and duties in the management, administration and control of said 
system and its funds ; 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. 

48:19 Certainty of Obligation. Nothing contained in or done pur- 
suant to this act shall in any way aff'ect the obligation of the state with 
respect to bonds and notes issued under RSA 192:18, and to the extent 
that any of the proceeds of such bonds or notes shall be used under the 
provisions 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. 

48;20. Appropriation. The sum of five thousand dollars or so 
much thereof as shall be required, is hereby appropriated for expendi- 
ture by the governor in the conduct of the referendum of the members 
of said teachers' retirement system authorized in RSA 101:10 as here- 
inbefore amended. The governor is authorized to draw his warrants for 
the sums hereby appropriated out of any money in the treasury not 
otherwise appropriated. 

48:21 Continuance of Employment. Any other provision of law 
to the contrary notwithstanding, no m.ember of the New Hampshire 
Teachers' Retirement System employed in a local school district shall, 
subsequent to the date of passage of this act and prior to September 1, 
1957, be retired or otherwise separated from such employment without 
his consent except upon the recommendation of the superintendent of 
schools approved by a two-thirds majority of the school board of the 
school district by which he is employed. 

48:22 Takes Effect. Except as otherwise hereinbefore provided, 
this act shall take effect upon its passage. 
[Approved March 28, 1957.] 
[Effective date March 28, 1957.] 



1957] Chapter 49 57 

CHAPTER 49. 

AN ACT RELATIVE TO TRANSFER OF PERMANENT POLICEMEN WHO ARE 

PRESENT MEMBERS OF THE STATE EMPLOYEES' RETIREMENT 

SYSTEM TO THE POLICEMEN'S RETIREMENT SYSTEM. 

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

49:1 Permanent Policemen. Amend RSA 103 by inserting at the 
end of said chapter the following new subdivision: 

Transfer of Membership from State Employees' 
Retirement System 

103:19 Transfer Authorized. Any permanent policeman who is 
a member of the state employees' retirement system on July 1, 1957, 
and who is eligible for membership in the policemen's retirement 
system, hereinbefore set forth, may elect within three months after said 
date to transfer his membership from the state employees' retirement 
system to the policemen's retirement system in accordance with the pro- 
visions of RSA 100:21 to 27, relative to transfers of membership between 
state retirement systems, anything in said subdivision to the contrary 
notwithstanding. 

103 :20 Transfer of Reserves. Upon transfer of membership of 
a permanent policeman from the state employees' retirement system to 
the policemen's retirement system under the provisions of this subdivi- 
sion, in addition to the transfer of his accumulated contributions under 
the provisions of RSA 100:23, the reserve for benefits accrued under the 
state employees' retirement system provided by the employer's contribu- 
tions on account of his service rendered prior to the date of such trans- 
fer, actuarially computed, shall be transferred from the state employees' 
retirement system to the policemen's retirement system. 

103:21 Benefits. Any provision of RSA 100 :24 notwithstanding 
any permanent policeman whose membership has been transferred from 
the state employees' retirement system to the policemen's retirement 
system in accordance with the provisions of this subdivision shall there- 
after be eligible for such benefits as are provided under this chapter, as 
hereinabove amended, as if he had accepted the provisions of said 
chapter at the time of becoming a member of the state employees' retire- 
ment system. 

49:2 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved March 30, 1957.] 
[Effective date July 1, 1957.] 



58 Chapter 50 [1957 

CHAPTER 50. 

AN ACT RELATIVE TO ACCEPTANCE OF THE PROVISIONS OF THE 
policemen's RETIREMENT SYSTEM. 

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

50:1 Policemen's Retirement System. Amend RSA 103:4 by 
striking out said section and inserting in place thereof the following: 
103:4 Acceptance of Chapter. All permanent policemen in this state 
who accept the provisions of this chapter by making application to the 
board and by agreeing to abide by such rules and regulations as it may 
prescribe pursuant hereto, are entitled to the benefits hereof. Each 
permanent policeman accepting the provisions hereof shall give notice 
of such acceptance to the treasurer or other disbursing officer of the 
state, city, town, village or precinct which employs him. Any permanent 
policeman who has not hitherto accepted the provisions of this chapter 
and who was appointed on or prior to July 1, 1957 may within three 
months after that date accept the provisions of this chapter as other- 
wise provided. Any person not a permanent policeman on July 1, 1957 
but who thereafter becomes a policeman shall make application to the 
board not later than six months after becoming a permanent policeman. 
Those permanent policemen who accept the provisions of this chapter 
under the extension of time herein provided shall pay back assessments 
with interest at five per cent from July 1, 1957 or the date of their 
appointment, whichever is later, until their acceptance of this chapter. 

50:2 Change in Rates. Amend RSA 103:7 by striking out said 
section and inserting in place thereof the following: 103:7 Retirement 
Fund; Assessments on Salaries. The retirement and other compen- 
sation provided for by this chapter shall be paid out of a retirement 
fund, which shall consist of all moneys collected from assessments or 
appropriations or gifts provided for herein. At the beginning of each 
fiscal year the board shall fix the applicable rate of assessment upon the 
annual salaries of all permanent policemen who accept the provisions 
hereof. Prior to July 1, 1953 such rate shall be four per cent of each 
policeman's annual salary. Commencing July 1, 1953 such rate shall be 
five and three-fourths per cent of each policeman's annual salary; pro- 
vided however, that in the case of policemen employed by a city having 
a population of more than thirty-two thousand inhabitants, such rate 
shall continue at four per cent until the governing body of said city shall 
elect to discontinue its present policy of paying a supplementary retire- 
ment benefit to any permanent policeman employed by the city who may 
thereafter be granted a retirement benefit under the provisions of the 
New Hampshire Policemen's Retirement System. Subsequent to the 
aforesaid election of the governing body of such city the applicable rate 
of assessment upon the annual salaries of all permanent policemen em- 



1957] Chapter 50 59 

ployed by the city shall be five and three-fourths per cent. The board 
shall, in such manner as it may prescribe, give notice of the rate and 
amount of assessment on each permanent policeman's salary to the 
treasurer or other disbursing officer of the state, city, town, village or 
precinct where such permanent policeman is employed. All assessments 
under this section shall be payable in equal monthly installments on the 
last business day of each calendar month. It shall be the duty of the 
treasurer or other disbursing officer of the state, city, town, village or 
precinct, employing permanent policemen, who accept the provisions 
hereof, to withhold from the monthly salary of each such permanent 
policeman and to pay the board an amount equal to the monthly assess- 
ment against such permanent policeman's salary, as before provided. All 
permanent policemen who shall accept the provisions hereof by such 
acceptance agree that the treasurer or other disbursing officer of the 
state, city, town, village or precinct which employs them shall have the 
power to withhold from their m.onthly salaries the amounts as afore- 
said. However, in the case of any policeman assessed by the board at the 
rate of five and three-fourths per cent, no assessment shall be made up- 
on that part of his annual salary in excess of three thousand four hun- 
dred dollars ; and in the case of any policeman assessed by the board at 
the rate of four per cent, no assessment shall be made upon that part 
of his annual salary in excess of two thousand four hundred dollars. Any- 
thing in this section to the contrary notwithstanding, any policeman who 
is over thirty-five years of age at the time he accepts the provisions of 
this chapter shall be assessed by the board on the part of his annual 
salary which would have been assessable had he been under age thirty- 
five on the date of such acceptance, at the increased rate determined in 
accordance with the following table : 

Age at Accepting Percentage Rate 

the Provisions of 

of the Chapter Assessment 

36 5.80% 

37 5.85 

38 5.90 

39 5.95 

40 6.00 

41 6.06 

42 6.12 

43 6.18 

44 .6.24 

45 6.31 

46 6.37 

47 6.43 

48 6.49 

49 6.55 



60 Chapter 50 [1957 





Chapter 50 




50 




6.62 


51 




6.68 


52 




6.75 


53 




6.82 


54 




6.89 


55 




6.96 


56 




7.03 


57 




7.10 


58 




7.18 


59 




7.26 


60 




7.34 


61 




7.41 


62 




7.48 


63 




7.55 


64 




7.62 



50:3 Age Limits. Amend RSA 103:12 by striking- out said sec- 
tion and inserting in place thereof the following: 103:12 Retirement. 
Any permanent policeman who accepts the provisions of this chapter 
may retire from active service after reaching the age of sixty-five. All 
permanent policemen who accept the provisions hereof and who have 
served as permanent policemen for thirty consecutive years, shall re- 
tire from active service at the age of seventy. Any permanent policeman 
accepting the provisions hereof who shall be dismissed from service 
after having reached the age of sixty-five, shall be entitled to the bene- 
fits of this chapter. Upon retirement a permanent policeman shall no 
longer be obligated to pay assessments to the retirement fund. The board 
may, if it deems proper, in case of a break in a policeman's continuous 
service of not more than three years, construe as a period of continu- 
ous service the total service of such policeman, by adding his service be- 
fore the break to his service after the break. 

50:4 Amounts Payable. Amend RSA 103:14 by striking out said 
section and inserting in place thereof the following: 103:14 Retire- 
ment Benefits. Any permanent policeman who retires or is dismissed 
from service as provided in section 12, who accepted the provisions of 
this chapter prior to July 1, 1957 and who shall have complied with all 
the provisions hereof and with the rules and regulations of the board, 
shall be entitled to receive from the retirement fund, for each year dur- 
ing the remainder of his life, a sum equal to one-half of his average 
annual salary for the five years next preceding his retirement as de- 
termined by the board, but in no event shall this sum be less than twelve 
hundred dollars per year or more than one-half of the assessed part of 
his annual salary at retirement; provided, however, that if at the date 
of his retirement he shall not have completed thirty years of continu- 
ous service the sum so determined shall be reduced pro rata in the pro- 
portion which the actual number of completed years of continuous 



1957] Chapter 51 61 

service bears to thirty. The sum payable upon retirement of a perma- 
nent policeman who accepts the provisions of this chapter on or sub- 
sequent to July 1, 1957 shall be equal to one-sixtieth of the assessed 
part of his average annual salary for the five years next preceding his 
retirement as determined by the board, for each year of his continuous 
service rendered after his attainment of age thirty-five reduced by one- 
one hundred twentieth of the assessed part of such average salary for 
each year of such service rendered after June 11, 1941 and prior to 
July 1, 1957; but in no event shall the sum payable be more than one- 
half of the assessed part of his annual salary at retirement. Anything to 
the contrary notwithstanding, an appropriate adjustment, as deter- 
mined by the board under rules uniformly applicable to all policemen 
similarly situated, shall be made in the sum otherwise payable to the 
policeman if at any time subsequent to July 1, 1953 or subsequent to the 
date of accepting these provisions, if later, the rate of assessment upon 
the assessable part of his annual salary has been less than five and three- 
fourths per cent. Retirement benefits shall be paid in equal monthly in- 
stallments on the first business day of each calendar month. 

50:5 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved March 30, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 51. 

AN ACT RELATING TO PAYMENT OF TUITION BY CERTAIN SCHOOL DISTRICTS. 

Be it enacted by the Senate and House of Representatives in General 
Couy^t convened: 

51:1 School Districts. Amend RSA 194:27 (supp) as amended by 
1955, 166:1, by inserting after the word "costs" in the fifteenth line the 
words, except costs of transportation of pupils and, so that said section 
as amended shall read as follows: 194:27 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 vA\q 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 22, 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 receiving district for 
its high school, as estimated by the state board of education, for the 



62 Chapters 52, 53 [1957 

preceding- school year, whichever is less. This cun-ent expense of oper- 
ation shall include all costs except costs of transportation of pupils and 
except capital outlay and debt obligations, provided that to the above 
may be added a rental charge of two per cent of the capital cost of such 
secondary school facilities as may be defined by the state board of edu- 
cation. 

51:2 Takes Effect. This act shall take effect July 1, 1958. 
[Approved March 30, 1957.] 
[Effective date July 1, 1958.] 



CHAPTER 52. 

AN ACT RELATING TO TUITION OF ELEMENTARY AND HIGH SCHOOLS. 

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

52:1 Tuition of Pupils. Amend RSA 193:4 by striking out said 
section and inserting in place thereof the following : 193 :4 Elementary 
Schools. Any district shall be liable for the tuition of any child who 
as a resident of the district has been assigned to attend a public school 
in another district, provided, however, that the tuition for any child shall 
not exceed the state average cost per pupil of the current expenses of 
operation for the preceding school year for its elementary schools. This 
current expense of operation shall include all costs except those made for 
capital outlay, debt obligations and transportation, provided that to the 
above may be added a rental charge of two per cent of the capital cost 
of such elementary school facilities as may be defined by the state board 
of education. 

52:2 Takes Effect. This act shall take effect July 1, 1958. 
[Approved March 30, 1957.] 
[Effective date July 1, 1958.] 



CHAPTER 53. 

AN ACT RELATING TO ENFORCEMENT OF SUPPORT. 

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

53:1 How Duties of Support are Enforced. Amend RSA 546:9 by 
inserting at the end thereof this sentence; The court shall enforce all 
duties of support under this act notwithstanding that a court of this 
or any other state has heretofore made a support order and has con- 
tinuing jurisdiction, so that said section as amended shall read as 
follows: 546:9 How Duties of Support are Enforced. All duties of 



1957] Chapter 54 63 

support are enforceable by petition irrespective of relationship between 
the obligor and obligee. Jurisdiction of all proceedings hereunder shall 
be vested in the superior court. The court shall enforce all duties of 
support under this act notwithstanding that a court of this or any 
other state has heretofore made a support order and has continuing 
jurisdiction. 

53:2 Further Duty of Responding Court. Amend RSA 546:18 by 
inserting at the end thereof these sentences; If the court after pursuing 
the above procedures is still unable to obtain jurisdiction of the defend- 
ant or his property but discovers that the defendant or his property 
may be found in another county of this state, the court may forward 
the papers received from the court of the initiating state to a court in 
the other county and shall inform the court in the initiating state that 
it has done so. Thereupon the court of the other county shall acknowl- 
edge receipt of the papers and thereafter it shall have the duties im- 
posed by this act, so that said section as amended shall read as follows : 
546:18 Further Duty of Responding Court. If a court of this state, 
acting as a responding state, is unable to obtain jurisdiction of the de- 
fendant or his property due to inaccuracies or inadequacies in the 
petition or otherwise, the court shall communicate this fact to the 
court in the initiating state, shall on its own initiative use all means at 
its disposal to trace the defendant or his property, and shall hold the 
case pending the receipt of more accurate information or an amended 
petition from the court in the initiating state. If the court after pursuing 
the above procedures is still unable to obtain jurisdiction of the de- 
fendant or his property but discovers that the defendant or his property 
may be found in another county of this state, tlie court may forward 
the papers received from the court of the initiating state to a court in 
the other county and shall inform the court in the initiating state that 
it has done so. Thereupon the court of the other county shall acknowl- 
edge receipt of the papers and thereafter it shall have the duties im- 
posed by this act. 

53:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1957.] 
[Effective date May 29, 1957.] 



CHAPTER 54. 

AN ACT RELATING TO ACKNOWLEDGMENTS. 

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

54:1 Authentication of Acknowledgments.. Amend RSA 456:10 by 
striking out the same and inserting in place thereof the following: 



64 Chapter 54 [1957 

456:10 Authentication of Acknowledgments. 

I. If the acknowledgment is taken within this state or is made 
without the United States by an officer of the United States no authenti- 
cation shall be necessary. 

II. If the acknowledgment is taken without this state, but in the 
United States, or a territory or insular possession of the United States, 
the certificate shall be authenticated by a certificate as to the official 
character of such officer, executed, if the acknowledgment is taken by a 
clerk or deputy clerk of a court, by the presiding judge of the court or, 
if the acknowledgment is taken by a notary public, or any other person 
authorized to take acknowledgments, by a clerk of a court of record of 
the county in which the acknowledgment is taken. The signature to such 
authenticating certificate may be a facsimile printed, stamped, photo- 
graphed or engraved thereon when the certificate bears the seal of the 
authenticating officer. A judge or clerk authenticating an acknowledg- 
ment shall endorse thereon or attach thereto a certificate in substanti- 
ally the following form : 

State of New Hampshire 

County of 

I - judge - clerk - of the 

court in and for said county, which court is a court of record, having a 

seal, do hereby certify that by and before whom 

the foregoing - annexed - acknowledgment was taken, was at the time 
of taking the same a notary public (or other officer as the case may be) 
authorized to act in said county, and was authorized by the laws of said 
state to take and certify acknowledgm.ents in said state, and, further, 
that I am acquainted with his handwriting and that I believe that the 
signature to the certificate of acknowledgment is genuine. 

In testimony whereof I have hereunto set my hand and affixed the 
seal of this court this day of 19 

III. If the acknowledgment is taken without the United States 
and by a notary public or a judge or clerk of a court of record of the 
country where the acknowledgment is taken, the certificate shall be 
authenticated by a certificate under the great seal of state of the 
country, affixed by the custodian of such seal, or by a certificate of a 
diplomatic, consular or commiercial officer of the United States 
accredited to that country, certifying as to the official character of such 
officer. The officer authenticating an acknowledgment shall endorse there- 
on or attach thereto a certificate in substantially the form prescribed in 
section 10, paragraph II. 

54:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1957.] 
[Effective date May 29, 1957.] 



1957] Chapters 55, 56 65 

CHAPTER 55. 

AN ACT RELATIVE TO TRUSTEE PROCESS. 

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

55:1 Exemption from Trustee Process. Amend paragraph VIII of 
RSA 512:21 by striking out the word "five" in the eighth hne and in- 
serting in place thereof the word, fifteen, so that said paragraph as 
amended shall read as follows : VIII. Money, rights, and credits of the 
defendant in the hands of any insurance company or its agents, when- 
ever the same is due on account of the loss of, or damage by fire to, any 
property which by the laws of this state was exempt from attachment, 
or levy on execution; provided, that whenever a building or structure so 
damaged or destroyed was a part of the homestead, only so much of the 
amount due therefor shall be exempt as, together with the value of the 
part of the homestead remaining, if any, shall equal the sum of fifteen 
hundred dollars. 

55:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1957.] 
[Effective date May 29, 1957.] 



CHAPTER 56. 



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: 

56:1. Forest Fire Expenses. Amend RSA 224:19 (supp) as 
amended by 1955, 189:1 by striking out said section and inserting in 
place thereof the following : 224:19 State's Portion. A duplicate bill, 
showing that the same has been audited and paid by the town, shall be 
filed by the selectmen or the mayor with the state forester, within sixty 
days of the date in which said expenses were incurred, 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 nor shall the state be responsible for reimbursement to towns 



66 Chapters 57, 58 [1957 

for said bills upon failure to render same within sixty days of the date 
expenses were incurred. 

56:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 3, 1957.] 
[Effective date June 2, 1957.] 



CHAPTER 57. 



AN ACT RELATIVE TO PREPARATION OF CHECK-LISTS AT MEETINGS IN THE 
SCHOOL DISTRICT OF NEWPORT AND IN OTHER SCHOOL DISTRICTS. 

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

57:1 School Districts. Amend RSA 197 by inserting after section 
12 the following new section: 197:12-a Preparation of Check-list. 

Any school district, which is coextensive with the town in which it is 
located, may at an annual school meeting, under an article in the war- 
rant for such meeting, vote to adopt as the check-list for school meet- 
ings the check-list of the town. In case of such adoption by the school 
district the supervisors of the town check-Hst, acting as supervisors of 
the check-list for the school district, shall make, post and correct the 
check-list for the district and shall certify to the same acting as super- 
visors of the school district. Provided, however, that in the school dis- 
trict of Newport the use of the town check-list shall be mandatory and 
the supervisiors of the check-list of the town of Newport shall act as the 
supervisors of the check-Hst of the school district of Newport. In any 
school district acting under the provisions of this section the school 
board is relieved of its duties under section 12 relative to school check- 
Hsts. 

57 :2 Takes Effect. This act shall take effect as of January 1, 1958. 
[Approved April 4, 1957.] 
[Effective date January 1, 1958.] 



CHAPTER 58. 

AN ACT RELATING TO CLEARANCE OF BRIDGES. 

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

58:1 Railroad Crossings. Amend RSA 373:39 by striking out the 
word "twenty-one" in the third line and inserting in place thereof the 
word, twenty-two, so that said section as amended shall read as follows : 
373:39 Clearance of Bridges or Other Overhead Structures; Height of 



1957] Chapter 59 67 

Cars. No overhead bridge or other structure shall hereafter be con- 
structed across a railroad track in this state with less than twenty-two 
feet between the top of the rails and the lowest point of the overhead 
structure, except with the written consent of the commission, and no 
railroad corporation shall receive or haul any freight car exceeding six- 
teen feet in height from the rails to the top of the running board. 

58:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 4, 1957.] 
[Effective date June 3, 1957.] 



CHAPTER 59. 

AN ACT RELATIVE TO REPORTING OF FIRES TO THE STATE FIRE MARSHAL. 

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

59:1 State Fire Marshal. Amend RSA 153:11 by striking out the 
word "fifty" in the eighth line and inserting in place thereof the words, 
one hundred, so that said section as amended shall read as follows: 
153:11 Report of Causes and Origins of all Fires. Every fire occurring 
in this state shall be reported in writing to the state fire marshal within 
ten days after the occurrence of the same by the appropriate associate 
advisor and shall be in the form prescribed by the board and shall con- 
tain a statement of all facts relating to the cause and origin of such 
fire, so far as is possible, the extent of damage thereof and the insur- 
ance upon such property, and such other information as may be re- 
quired. Fires resulting in losses of less than one hundred dollars need 
not be reported. The board shall cause to be prepared necessary in- 
structional data for the associate advisors and sufficient forms for their 
use in the reports required hereby and cause them to be printed r;nd 
sent to each associate advisor. When the cause, origin and circumstances 
of any fire occurring in any city, town, village district or precinct in 
this state indicates that such fire was the result of design, or of suspi- 
cious origin the associate advisor shall immediately notify the chief of 
police and the county solicitor. 

59:2 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved April 4, 1957.] 
[Effective date July 1, 1957.] 



68 Chapters 60, 61, 62 [1957 

CHAPTER 60. 

AN ACT CHANGING CLASSIFICATION OF THE SO-CALLED FRAZER ROAD. 

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

60:1 Change in Classification. The section of highway designated 
as Class II and known as the Frazer Road in the town of Monroe from its 
junction with State Route NH 135 easterly to its connection with Town 
Road No. 51 shall hereafter be classified as a Class V highway. 

60:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 4, 1957.] 
[Effective date April 4, 1957.] 



CHAPTER 61. 

AN ACT RELATIVE TO THE FILING OF DECLARATIONS OF CANDIDACY. 

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

61:1 Declaration of Candidacy. Amend RS A 56 by inserting after 
section 13 the follov/ing new section: 56:13-a Personal Filing. On 

the last day of filing all declarations of candidacy required to be filed with 
the secretary of state shall be filed in person by the candidate, provided, 
however, that this requirement shall not apply to the filing of vacancies 
by party organizations. 

61:2 Takes Effect. This act shall take effect January 1, 1958. 
[Approved April 4, 1957.] 
[Effective date January 1, 1958.] 



CHAPTER 62. 



AN ACT CHANGING THE NAME OF BOG POND IN THE TOWN OF 
ANDOVER to BLACKWATER POND. 

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

62:1 Name Changed. The body of water in the town of Andover 
now known as Bog pond shall hereafter be called and known as Black- 
water pond. 

62:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 4, 1957.] 
[Effective date April 4, 1957.] 



1957] Chapters 63, 64 69 

CHAPTER 63. 

AN ACT RELATIVE TO OUT-OF-STATE PAROLEE SUPERVISION. 

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

63:1 Out-of-state Parolee Supervision. Amend RSA 607:52 by 
inserting at the end thereof the following- new paragraph : VIII. It is 
hereby declared that the word "state" as used in this subdivision means 
any one of the several states and Alaska, Hawaii, the Commonwealth of 
Puerto Rico, the Virgin Islands, and the district of Columbia. It is here- 
by recognized and further declared that pursuant to the consent and 
authorization contained in section 111 (b) of title 4 of the United States 
Code as added by Public Law 970-84th Congress, Chapter 941- 2d Session, 
this state shall be a party to said Interstate Compact for the Super- 
vision of Parolees and Probationers with any additional jurisdiction 
legally joining therein when such jurisdiction shall have enacted said 
compact in accordance with the terms thereof. 

63:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 4, 1957.] 
[Effective date April 4, 1957.] 



CHAPTER 64. 



AN ACT RELATIVE TO SUPERVISION OF REPORTS OF INCOME BY CERTAIN 
COUNTY AND MUNICIPAL OFFICERS. 

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

64:1 Report of Income. Amend RSA 80 by inserting after section 
5 the following new section: 30:5-a Supervision. It shall be the duty 
of the attorney general to examine the reports which are made in 
accordance with section 5 and to compel such reports to be made to com- 
ply with the law. 

64:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 4, 1957.] 
[Effective date April 4, 1957.] 



70 Chapters 65, 66 [1957 

CHAPTER 65. 

AN ACT RELATIVE TO DISTRIBUTION OF SUPREME COURT REPORTS. 

Be it enacted by the Senate and Hou^e of Representatives in General 
Co2irt convened: 

65:1 Secretary of State. Amend RSA 505:11 by striking out said 
section and inserting in place thereof the following: 505:11 Distri- 
bution of Court Reports. He shall deliver to the secretary of state four 
hundred copies of each volume of said reports upon publication, and the 
secretary shall send one copy thereof to each of the following officers 
and bodies : Justices and clerks of the supreme and superior courts, to 
the office of register of probate in each county, state reporter, each free 
public library established under the laws of the state meeting the regu- 
lations of the state library commission, the department of justice, clerk 
of the supreme court of the U. S., library of congress at Washington, the 
judge and clerk of the district court of the U. S. for the district of New 
Hampshire, and the state library of each state of the United States with 
which the New Hampshire state library maintains an exchange agree- 
ment covering court reports. The residue may be drawn upon by the 
state library for its own use or for additional exchange agreements. The 
state library may recover all sets and/or partial sets of court reports 
located within those towns which do not meet the regulations of the 
state library commission. It may establish full sets in public libraries 
open daily agreeing to make them available to all the people in the 
geographic area. The reclaimed sets shall be placed in the stock held by 
the secretary of state. 

65:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 4, 1957.] 
[Effective date April 4, 1957.] 



CHAPTER 66. 



an act relating to the salary of the justice of 
Haverhill municipal court. 

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

66:1 Salary Haverhill Municipal Court. Amend PwSA 502:7, I 
(supp) as amended by 1955, 133:1, 182:1, 279:1, 296:1, by inserting at 
the end thereof the words, In Haverhill, eight 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 : 



1957 J 



Chapter 67 



71 



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, 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, one thousand one hundred and fifty 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 liundred dollars; 

In Milford, six hundred dollars; 

In Haverhill, eight hundred dollars. 
66:2 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved April 10, 1957.] 
[Effective date June 9, 1957.] 



CHAPTER 67. 



AN ACT RELATING TO CAUSES FOR DIVORCE. 

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

67:1 Absolute Divorce: Time Limits. Amend paragi'aphs VI, 
VII, IX, X, XI, and XIII of RSA 458:7 by striking out in each paragraph 
the words "three years" and inserting in place thereof the words, two 
years, so that said paragraphs as amended shall read as follows : 

VI. When either party has been absent two years together, and 
has not been heard of. 

VII. When either party is an habitual drunkard, and has been 
such for two years together. 

IX. When either party, without sufficient cause, and without the 
consent of the other, has abandoned and refused, for two years together, 
to cohabit with the other. 

X. When the husband has willingly absented himself from the 
wife for two years together, without making suitable provision for her 
support and maintenance. 



72 Chapters 68, 69 [1957 

XL When the wife of any citizen has willingly absented herself 
from her husband, without his consent, for two years together. 

XIII. When the wife of any alien or citizen of another state, 
living separate, has resided in this state for two years together, her hus- 
band having left the United States with the intention of becoming a 
citizen of some foreign country, and not having during the period come 
into this state and claimed his marital rights, and not having made suit- 
able provision for his wife's support and maintenance. 

67:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 10, 1957.] 
[Effective date June 9, 1957.] 



CHAPTER 68. 



AN ACT TO INCREASE SALARIES OF JUSTICES OF THE SUPREME AND 

SUPERIOR COURTS. 

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

68:1 Supreme Court. Amend RSA 490:17 by striking out the 
same and inserting in place thereof the following: RSA 490:17 
Salaries. The annual salary of the chief justice of the supreme court 
shall be fifteen thousand five hundred dollars and the salary of the asso- 
ciate justices of the supreme court shall be fifteen thousand dollars each. 

68:2 Superior Court. Amend RSA 491 :6 by striking out the same 
and inserting in place thereof the following: 491:6 Salaries, Expenses. 
The annual salary of the chief justice of the superior court shall be fifteen 
thousand five hundred dollars and the salary of the associate justices of 
the superior court shall be fifteen thousand dollars each. Actual ex- 
penses and office rent shall be allowed the justices as provided for justices 
of the supreme court. Each justice of the superior court shall forward 
his monthly expense account to the comptroller who shall prepare the 
manifest for payment of said accounts. 

68:3 Takes Effect. This act shall take effect July 1, 1957. 
[Approved April 10, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 69. 

AN ACT RELATIVE TO PAYMENTS TO STATE INSTITUTIONS. 

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

69:1 State Institutions. Amend RSA 8 by inserting at the end 
thereof the following new subdivision: 



1957] Chapter 70 73 

Payments to Institutions 
8:49 Nature of Payment. All payments made by or with re- 
spect to a patient at any state institution which furnishes medical serv- 
ices shall conclusively be deemed to be made on account of medical 
services. 

69 ;2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 10, 1957.] 
[Effective date June 9, 1957.J 



CHAPTER 70. 

AN ACT RELATING TO THE CONSTRUCTION OF STATE ARMORIES. 

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

70:1 Appropriation. The sum of three hundred eighty thousand 
dollars ($380,000), or so much thereof as may be needed, is hereby 
appropriated for the construction of new state armories to complete the 
armory construction program; provided, that the federal government 
contributes at least equally with the state in the cost of such construc- 
tion ; and provided, that the title to new armories constructed by the use 
of any of the funds herein provided shall be vested in the state. The 
sums hereby appropriated shall be expended for the construction of 
armories at Keene, Nashua, Concord and Wolfeboro to replace existing 
buildings which are structurally unsound or inadequate to provide the 
necessary facilities; and that such funds shall be expended under the 
direction of the adjutant general with the approval of the governor and 
council. 

70:2 Federal Assistance. The governor is hereby authorized to 
cooperate witli and enter into such agreements with the federal govern- 
ment, or any agency thereof, as may be deemed desirable to secure the 
participation of the United States government, through the allotment 
of federal funds, in the cost of constructing armories. 

70:3 Funds Authorized. The treasurer is hereby authorized to 
borrow upon the credit of the state an amount not exceeding three hun- 
dred eighty thousand dollars ($380,000) to provide the funds herein 
appropriated and for that purpose may issue bonds or notes, at such 
times, in such denominations, and with such rate of interest, dates of 
maturity and other provisions as the governor and council shall de- 
termine. Such bonds or notes shall be deemed a pledge of the faith and 
credit of the state and such bonds or notes shall be signed by the treas- 
urer and countersigned by the governor. The proceeds from the sale of 
such notes or bonds shall be held by the treasurer, and paid out by him 



74 Chapter 71 [1957 

upon warrant drawn by the governor, with the advice and consent of the 
council, for the purpose herein set forth alone. The secretary of state 
and the treasurer shall keep account of such bonds or notes in the same 
manner as accounts are kept of other bonds or notes of the state. 

70:4 Continuing Appropriation. The appropriation made here- 
under shall be a continuing appropriation and shall not lapse. 

70:5. Short-Term Notes. Prior to the issuance of the notes or 
bonds herein provided, the treasurer, under the direction of the governor 
and council, may for said purpose borrow money from time to time on 
short-term notes, to be refunded by the issuance of the bonds or notes 
authorized hereunder. 

70:6 Proceeds. Whenever the governor and council, acting under 
the authority of RSA 4:40, shall sell, convey or transfer a now existing 
armory, the proceeds of such sale, conveyance or transfer shall be de- 
posited to the credit of the appropriation provided in section 1 hereof. 
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 act. 

70:7 Takes Effect. This act shall take effect upon its passage. 
[Approved April 11, 1957.] 
[Effective date April 11, 1957.] 



CHAPTER 71. 



AN ACT RELATING TO THE COMMITTAL OF JUVENILES AND TRANSFER OF 

CASH BAIL. 

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

71:1 Superior Court. Amend RSA 621:11 by striking out after 
the word "offense" in the second line the words, punishable otherwise 
than by imprisonment for life; further amend said section by adding 
after the word "minority" in the fourth line the words, except where 
said minor is convicted of an offense punishable by imprisonment for 
life or is found guilty by the superior court under the provisions of RSA 
169:21, so that said section as amended shall read as follows: 621:11 
Minors under Eighteen. Whenever a minor under the age of eighteen 
years shall be convicted of an offense he shall be sentenced to the in- 
dustrial school for the term of his minority except where said minor is 
convicted of an offense punishable by imprisonment for life or is found 
guilty by the superior court under the provisions of RSA 169:21; pro- 
vided, that nothing herein shall prevent such sentence being suspended 
under the provisions of any other law. 



1957] Chapter 72 75 

71:2 Appeal. Amend RSA 597:10 by adding- after the word 
"recognizances" in the third line the words, including cash bail, so that 
said section as amended shall read as follows: 597:10 Copies, on 
Appeal. In case of appeal the municipal court or justice shall cause 
true and attested copies of the process, records, and recognizances, in- 
cluding cash bail, in the case to be filed with the clerk of the superior 
court within ten days after the date of such order for recognizance. 

71 :3 Takes Effect. This act shall take effect sixty days after its 
passag"e. 

[Approved April 12, 1957.] 
[Effective date June 11, 1957.] 



CHAPTER 72. 

AN ACT RELATIVE TO THE SALE OF DRUGS. 

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

72:1 Definition of Potent Dioigs. Amend RSA 318:1, X by in- 
serting- at the end thereof the following: and shall further include the 
contents of any container that bears a visible label leg-end that the dis- 
pensing- of this preparation other than by prescription is prohibited, so 
that said paragraph as amended shall read as follows: X. Potent 
drugs include all substances the average adult medicinal dose of whicli is 
less than sixty grains of solid or sixty minims of liquid and all com- 
pounds, combinations, mixtures and preparations thereof which contain 
more than an average adult dose in each fiuid ounce of liquid and each 
avoirdupois ounce of solid, or, when in capsule, pill, tablet, powder or 
other like subdivision, more than one adult dose in less than ten of such 
subdivisions, and shall further include the contents of any container 
that bears a visible label legend that the dispensing of this preparation 
other than by prescription is prohibited. 

72 :2 Definition of Prescription. Amend RSA 318 :1, XIII by strik- 
ing out the words "an order" in the first line and inserting in place there- 
of the words, a verbal or written order, and by striking out the words 
"written" in the second line; further amend by striking out the word 
"term" in the fifth line and by inserting after the word "may" in the 
fifth line the word, also, so that said paragraph as amended shall read 
as follows: XIII. Prescription means a verbal or written order for 
drugs, medicines and devices by a leg-ally competent practitioner of medi- 
cine, dentistry, or veterinary medicine, to be compounded and dispensed 
by a registered pharmacist in a duly registered pharmacy, and to be kept 
on file for a period of two years. Prescriptions may also apply to the 
finished products dispensed by the registered pharmacist in the regis- 



76 Chapter 73 [1957 

tered pharmacy, on order of a legally competent practitioner as previ- 
ouslj' defined. 

72:3 Suspension or Revocation of Pharmacist License. Amend 
RSA 318:29 by inserting after the word "felony" in the fourth line the 
following, or convicted of a misdemeanor resulting from the violation of 
a state or federal pharmaceutical or drug law, so that said section as 
amended shall read as follows : 318 :29 Suspension or Revocation. The 
registration of any pharmacist may be suspended or revoked by the com- 
mission when the registration is proved to have been obtained by fraudu- 
lent means, or when the registrant has been convicted of a felony, or 
convicted of a misdemeanor resulting from the violation of a state or 
federal pharmaceutical or drug law, or is found by the commission to 
be guilty of gross immorality or to be addicted to the liquor or drug 
habit to such a degree as to render him unfit to compound, sell or dis- 
tribute drugs and medicines. 

72:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 12, 1957.] 
[Effective date June 11, 1957.] 



CHAPTER 73. 

AN ACT RELATIVE TO POWERS AND DUTIES OF ARBORISTS. 

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

73:1 Arborist Certificate Not Required for Work on Forest Trees. 
Amend RSA 222:1 by striking out the word "forest" in the second line 
so that said section as amended shall read as follows: 222:1 Certificate 
Required. No person, firm, or corporation shall advertise, solicit, or con- 
tract to improve the condition of fruit, shade, or ornamental trees, by 
pruning, trimming, or filling cavities, or to protect such trees from 
damage by insects or disease, either by spraying or any other method, 
without having secured a certificate as specified in section 2. Any per- 
son failing to comply with the terms of this chapter shall be fined not 
more than one hundred dollars; provided, however, that nothing herein 
shall prevent a person from improving or protecting trees on his own 
premises or those of his employer or on any property within the town 
of which he is a legal resident, without securing such a certificate. 

73:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 12, 1957.] 
[Effective date June 11, 1957.] 



1957] Chapter 74 77 

CHAPTER 74. 

AN ACT RELATING TO GIFTS OF SECURITIES AND MONEY TO MINORS. 

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

74:1 New Chapter. Amend RSA by inserting after chapter 463 
the following new chapter: 

Chapter 463-A 
Uniform Gifts to Minors Law 
463-A :1 Definitions. In this chapter, unless the context other- 
wise requires: 

I. An "adult" is a person who has attained the age of twenty- 
one years. 

II. A "bank" is a bank, trust company, national banking asso- 
ciation, savings bank, industrial bank, building and loan association, co- 
operative bank, and federal savings and loan association. 

III. A "broker" is a person lawfully engaged in the business 
of effecting transactions in securities for the account of others. The 
term includes a bank which eif ects such transactions. The term also in- 
cludes a person lawfully engaged in buying and selling securities for his 
own account, through a broker or otherwise, as a part of a regular busi- 
ness. 

IV. "Court" means the probate court. 

V. "The custodial property" includes: 

(a) all securities and money under the supervision of the 
same custodian for the same minor as a consequence of a gift or gifts 
made to the minor in a manner prescribed herein. 

(b) the income from the custodial property; and 

(c) the proceeds, immediate and remote, from the sale, ex- 
change, conversion, investment, reinvestment or other disposition of 
such securities, money and income. 

VI. A "custodian" is a person so designated in a manner pre- 
scribed in this act. 

VII. A "guardian" of a minor includes the general guardian, 
guardian, tutor or curator of his property, estate or person. 

VIII. An "issuer" is a person who places or authorizes the plac- 
ing of his name on a security (other than as a transfer agent) to evidence 
that it represents a share, participation or other interest in his property 
or in an enterprise or to evidence his duty or undertaking to perform an 
obligation evidenced by the security, or who becomes responsible for or 
in place of any such person. 

IX. A "legal representative" of a person is his executor or the 



78 Chapter 74 [1957 

administrator, general guardian, guardian, committee, conservator, tutor 
or curator of his property or estate. 

X. A "member" of a ''minor's family" means any of the 
minor's parents, grandparents, brothers, sisters, uncles and aunts, 
whether of the whole blood or the half blood, or by or through legal 
adoption. 

XL A "minor" is a person who has not attained the age of 
twenty-one years. 

XII. A "security" includes any note, stock, treasury stock, 
bond, debenture, evidence of indebtedness, collateral trust certificate, 
transferable share, voting trust certificate or, in general, any interest or 
instrument commonly known as a security, or any certificate of interest 
or participation in, any temporary or interim certificate, receipt or 
certificate of deposit for, or any warrant or right to subscribe to or pur- 
chase, any of the foregoing. The term does not include a security of 
which the donor is the issuer. A security is in "registered form" when it 
specifies a person entitled to it or to the rights it evidences and its trans- 
fer may be registered upon books maintained for that purpose by or on 
behalf of the issuer. 

XIII. A "transfer agent" is a person who acts as authenti- 
cating trustee, transfer agent, registrar or other agent for an issuer in 
the registration of transfers of its securities or in the issue of new 
securities or in the cancellation of surrendered securities. 

XIV. A "trust company" is a bank authorized to exercise trust 
powers in this state. 

463-A:2 Manner of Making- Gift. I. An adult person may, 
during his lifetime, make a gift of a security or money to a person who 
is a minor on the date of the gift : 

(a) if the subject of the gift is a security in registered form, 
by registering it in the name of the donor, another adult person (an 
adult member of the minor's family, a guardian of the minor) or a trust 
company, followed, in substance, by the words: "as custodian for 
under the New Hampshire Uniform Gifts to 

(name of minor) 
Minors Law"; 

(b) if the subject of the gift is a security not in registered 
form, by delivering it to an adult person other than the donor, an adult 
member, other than the donor, of the minor's family, a guardian of the 
minor or a trust company, accompanied by a statement of gift in the 
following form, in substance, signed by the donor and the person desig- 
nated as custodian: 



1957] Chapter 74 79 

"GIFT UNDER THE NEW HAMPSHIRE UNIFORM GIFTS TO 

MINORS LAW 
1, , hereby deliver to 

(name of donor) (name of custodian) 

as custodian for under the N ew Hampshire 

(name of minor) 
Uniform Gifts to Minors Law, the following security (ies) : (insert an 

appropriate description of the security or securities delivered sufficient 
to identify it or them) 



(signature of donor) 

hereby acknowledges receipt of the above de- 

(name of custodian) 
scribed security (ies) as custodian for the above minor under the New 

Hampshire Uniform Gifts to Minors Law. 

Dated : 

(signature of custodian) 
(c) if the subject of the gift is money, by paying or deliver- 
ing it to a broker or a bank for credit to an account in the name of the 
donor, another adult person (an adult member of the minor's family, a 
guardian of the minor) or a bank with trust powers, followed, in sub- 
stance, by the words : "as custodian for under 

(name of minor) 
the New Hampshire Uniform Gifts to Minors Law," 

11. Any gift made in a manner prescribed in paragraph I may 
be made to only one minor and only one person may be the custodian. 

HI. A donor who makes a gift to a minor in a manner pre- 
scribed in paragraph I shall promptly do all things within his power to 
put the subject of the gift in the possession and control of the custodian, 
but neither the donor's failure to comply with this paragraph nor his 
designation of an ineligible person as custodian, nor renunciation by the 
person designated as custodian affects the consummation of the gift. 

463- A :3 Effect of Gift. I. A gift made in a manner prescribed 
in this act is irrevocable and conveys to the minor indefeasibly vested 
legal title to the security or money given, but no guardian of the minor 
has any right, power, duty or authority with respect to the custodial 
property except as provided in this chapter. 

II. By making a gift in a manner prescribed herein, the donor 
incorporates in his gift all the provisions hereof and grants to the custo- 
dian, and to any issuer, transfer agent, bank, broker or third person 
dealing with a person designated as custodian, the respective powers, 
rights and immunities provided herein. 

463-A:4 Duties and Powers of Custodian. I, The custodian 
shall collect, hold, manage, invest and reinvest the custodial property. 

II. The custodian shall pay over to the minor for expenditure 
by him, or expend for the minor's benefit, so much of or all the custodial 



80 Chapter 74 [1957 

property as the custodian deems advisable for the support, maintenance, 
education and benefit of the minor in the manner, at the time or timies, 
and to the extent that the custodian in his discretion deems suitable and 
proper, with or without court order, with or without regard to the duty 
of himself or of any other person to support the minor or his ability to 
do so, and with or without regard to any other income or property of the 
minor which may be applicable or available for any such purpose. 

III. The court, on the petition of a parent or guardian of the 
minor or of the minor, if he has attained the age of fourteen years, may 
order the custodian to pay over to the minor for expenditure by him or 
to expend so much of or all the custodial property as is necessary for the 
minor's support, maintenance or education. 

IV. To the extent that the custodial property is not so ex- 
pended, the custodian shall deliver or pay it over to the minor on his 
attaining the age of twenty-one years or, if the minor dies before 
attaining the age of twenty-one years, he shall thereupon deliver or pay 
it over to the estate of the minor, 

V. The custodian, notwithstanding statutes restricting invest- 
ments by fiduciaries, shall invest and reinvest the custodial property as 
would a prudent man of discretion and intelligence who is seeking a 
reasonable income and the preservation of his capital, except that he 
may, in his discretion and without liability to the minor or his estate, 
retain a security given to the minor in a manner prescribed in this act. 

VI. The custodian may sell, exchange, convert or otherwise 
dispose of custodial property in the manner, at the tim.e or times, for 
the price or prices and upon the terms he deems advisable. He may vote 
in person or by general or limited proxy a security which is custodial 
property. He may consent, directly or through a committee or other 
agent, to the reorganization, consolidation, merger, dissolution or 
liquidation of an issuer, a security which is custodial property, and to 
the sale, lease, pledge or mortgage of any property by or to such an 
issuer, and to any other action by such an issuer. He may execute and 
deliver any and all instruments in writing which he deems advisable to 
carry out any of his powers as custodian. 

VII. The custodian shall register each security which is custo- 
dial property and in registered form in the name of the custodian, 
followed, in substance, by the words : "as custodian for 

( name of minor) 
under the New Hampshire Uniform Gifts to Minors Law." The custo- 
dian shall hold all money which is custodial property in an account with 
a broker or in a bank in the name of the custodian, followed, in sub- 
stance, by the words : "as custodian for under the 

(name of minor) 

New Hampshire Uniform Gifts to Minors Law." The custodian shall keep 



1957] Chapter 74 81 

all other custodial property separate and distinct from his own proi> 
erty in a manner to identify it clearly as custodial property. 

VIII. The custodian shall keep records of all transactions with 
respect to the custodial property and make them available for inspection 
at reasonable intervals by a parent or legal representative of the minor 
or by the minor, if he has attained the age of fourteen years. 

IX, A custodian has, with respect to the custodial property, 
in addition to the rights and powers provided herein, all the rights and 
powers which a guardian has witli respect to property not held as custo- 
dial property. 

463-A:5 Custodian's Expenses, Compensation, Bond and Liabili- 
ties. I. A custodian is entitled to reimbursement from the custodial 
property for his reasonable expenses incurred in the performance of his 
duties. 

II. A custodian may act without compensation for his services. 

III. Unless he is a donor, a custodian may receive from the 
custodial property reasonable compensation for his services determined 
by one of the following standards in the order stated : 

(1) A direction by the donor when the gift is made; 

(2) A statute of this state applicable to custodians; 

(3) The statute of this state applicable to guardians; 

(4) An order of the court. 

IV. Except as otherwise provided herein, a custodian shall not 
be required to give a bond for the performance of his duties. 

V. A custodian not compensated for his services is not liable 
for losses to the custodial property unless they result from his bad faith, 
intentional wrongdoing or gross negligence or from his failure to main- 
tain the standard of prudence in investing the custodial property pro- 
vided herein. 

463-A:6 Exemption of Third Persons From Liability. No issuer, 
transfer agent, bank, broker or other person acting on the instructions 
of or otherwise dealing with any person purporting to act as a donor or 
in the capacity of a custodian is responsible for determining whether the 
person designated by the purported donor or purporting to act as a 
custodian has been duly designated or whether any purchase, sale or 
transfer to or by or any other act of any person purporting to act in the 
capacity of custodian is in accordance with or authorized hereby, or is 
obliged to inquire into the validity or propriety hereunder of any instru- 
ment or instructions executed or given by a person purporting to act as 
a donor or in the capacity of a custodian, or is bound to see to the appli- 
cation by any person purporting to act in the capacity of a custodian 
of any money or other property paid or delivered to him. 

463- A :7 Resignation, Death or Removal of Custodian; Bond; 
Appointment of Successor Custodian. I. Only an adult member of the 



82 Chapter 74 [1957 

minor's family, a guardian of the minor or a trust company is eligible to 
become successor custodian. A successor custodian has all the riglits, 
powers, duties and immunities of a custodian designated in a manner 
prescribed hereby. 

II. A custodian, other than the donor, may resign and desig- 
nate his successor by : 

(a) executing an instrument of resignation designating the 
successor custodian ; and 

(b) causing each security which is custodial property and 
in registered form to be registered in the name of the successor 
custodian followed, in substance, by the words: "as custodian for 
under the New Hampshire Uniform Gifts to 

(Name of minor) 
Minors Law ; and 

(c) delivering to the successor custodian the instrument of 
resignation, each security registered in the name of the successor custo- 
dian and all other custodial property, together with any additional in- 
struments required for the transfer thereof. 

III. A custodian, whether or not a donor, may petition the 
court for permission to resign and for the designation of a successor 
custodian. 

IV. If the person designated as custodian is not eligible, re- 
nounces or dies before the minor attains the age of twenty-one years, the 
guardian of the minor shall be successor custodian. If the minor has no 
guardian, a donor, his legal representative, the legal representative of 
the custodian, an adult member of the minor's family, or the minor, if 
he has attained the age of fourteen years, may petition the court for the 
designation of a successor custodian. 

V. A donor, the legal representative of a donor, an adult 
member of the minor's family, a guardian of the minor or the minor, 
if he has attained the age of fourteen years, may petition the court that, 
for cause shown in the petition, the custodian be removed and a succes- 
sor custodian be designated or, in the alternative, that the custodian be 
required to give bond for the performance of his duties. 

VI. Upon the filing of a petition as provided in this section, 
the court shall grant an order, directed to the persons and returnable on 
such notice as the court may require, to show cause why the relief 
prayed for in the petition should not be granted and, in due course, 
grant such relief as the court finds to be in the best interests of the 
minor. 

463-A:8 Accounting by Custodian. I. The minor, if he has 
attained the age of fourteen years, or the legal representative of the 
minor, an adult member of the minor's family, or a donor or his legal 
representative may petition the court for an accounting by the custodian 
or his legal representative. 



1957] Chapter 75 83 

II. The court, in a proceeding hereunder or otherwise, may re- 
quire or permit the custodian or his legal representative to account and, 
if the custodian is removed, shall so require and order delivery of all 
custodial property to the successor custodian and the execution of all 
instruments required for the transfer thereof. 

463-A:9 Construction. T. This chapter shall be so construed 
as to effectuate its general purpose to make uniform the law of those 
states which enact it. 

11. This chapter shall not be construed as providing an ex- 
clusive method for making gifts to minors. 

463-A:10 Short Title. This chapter may be cited as the "New 
Hampshire Uniform Gifts to Minors Law." 

74:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 12, 1957.] 
[Effective date June 11, 1957.] 



CHAPTER 75. 



an act extending the period of application for copies of the 
Revised Statutes Annotated by members of the nineteen 

FIFTY-FIVE session OF THE GENERAL COURT. 

Whereas certain members of the general court during the nineteen 
hundred fifty-five session neglected to make timely application for copies 
of the special edition of the Revised Statutes Annotated ; and 

Whei-eas certain of these members are desirous of receiving copies 
of said special edition, now therefore 

Be it enacted hy the Senate rvnd House of Representatives in General 
Court convened: 

75:1 Time Extended. Amend paragraph I of 1955, 285:1 by strik- 
ing out said paragraph and inserting in place thereof the following: I. 
One copy of said special edition to each member of the nineteen hundred 
fifty-five session of the general court who has not obtained such copy 
and who shall make application in writing, accompanied by a fee of five 
dollars, to the secretary of state thereof on or before September 1, 1957, 
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 differ- 
ence in cost between the two editions. 

75:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 12, 1957.] 
[Effective date April 12, 1957.] 



84 Chapters 76, 77 [1957 

CHAPTER 76. 

AN ACT RELATIVE TO THE TRESPASS OF DOMESTIC ANIMALS AND 
DAMAGES TO REAL PROPERTY. 

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

76:1 Damages to Property. Amend RSA 572:11 by striking- out 
said section and inserting in place thereof the following: 572:11 Tres- 
passing Stock. If any person having the charge or custody of any 
sheep, goats, cattle, horses, or swine shall wilfully or negligently suffer 
or permit the same to enter upon, pass over, or remain upon any im- 
proved or enclosed land of another without written permission of the 
owner, occupant, or his agent, and thereby injure his crops, or property, 
he shall be fined not more than ten dollars and he shall be liable for all 
damages done. 

76:2 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved April 15, 1957.] 
[Effective date June 14, 1957.] 



CHAPTER 77. 

AN ACT RELATIVE TO FEES FOR FUNERAL DIRECTORS AND EMBALMERS. 

Be it enacted by the Senate and Hous'e of Re/presentatives in General 
Court convened: 

77:1 Board of Funeral Directors and Embalmers. Amend RSA 
325:6 by striking out the word "five" in tlie second line and inserting in 
place thereof the word, fifteen, so that said section as amended shall read 
as follows: 325:6 — Compensation. The members of the board shall 
receive the sum of fifteen dollars per day while actually engaged upon 
the business of the board and shall be reimbursed for necessary travel- 
ing expenses incident to attendance upon the business of the board, pro- 
vided that said compensation and expense shall be a charge upon the 
fund herein constituted and further provided that in case said fund shall 
be insufficient to pay said compensation and expenses the members of 
said board shall have no claim upon the state for said compensation. 

77:2 Fees. Amend RSA 325:18 by striking out the word, five, in 
the sixth line and inserting in place thereof the word, ten, so that said 
section as amended shall read as follows : 325:18 Examinations. Ex- 
aminations of applicants for certificates of registration shall be held at 
least once a year in the city of Concord and elsewhere in the discretion 
of the board. Any person who desires to engage in funeral directing or 
embalming shall submit in writing to the board on forms provided by 



1957] Chapter 77 85 

it an application for registration accompanied by a fee of ten dollars. 
The board shall require the applicant to submit to such examinations as 
it may deem proper. 

77:3 Registration. Amend RSA 325:22 by striking out the word 
"five" in the sixth line and inserting in place thereof the word, twenty- 
five, so that said section as amended shall read as follows: 325:22 — 
Special Certificates. The board may by a special rule or by regulation 
issue a special funeral director's certificate of registration or a special 
embalmer's certificate of registration, without examination to bona fide 
nonresident funeral directors or embalm.ers who are qualified and 
duly licensed in each of their respective states under such rules and 
regulations as the board may see fit and upon the payment of a fee of 
twenty-five dollars. 

77:4 Certificates. Amend RSA 325:25 by striking out the word 
"five" and inserting in place thereof the word, fifteen, so that said 
section as amended shall read as follows : 325 :25 — Renewal of Certifi- 
cates. All certificates of registration may be renewed by the holders 
thereof upon payment to the secretary of the board of a renewal fee of 
fifteen dollars. 

77:5 Increase. Amend RSA 325:20 by striking out the word 
"five" in the second and fifth lines and inserting in place thereof the 
word, fifteen, so that said section as amended shall read as follov/s: 
325:26 — Application for Renewal. Applications for renewal, accom- 
panied by the fee of fifteen dollars, shall be filed with the board on or 
before the thirty-first day of December each year. Applications filed 
after the thirty-first day of December and on or before the fifteenth day 
of January must be accompanied by a fee of fifteen dollars in addition 
to the renewal fee. 

77:6 Apprentice Licenses. Amend RSA 325:30 by inserting at 
the end of said section the follov/ing: The fee for an original apprentice 
license shall be ten dollars and the fee for any renewal thereof shall be 
ten dollars, so that said section as amended shall read as follows: 
325:30 — Issuance; Term; Renewal. Apprentice licenses shall be issued 
for a period of two years and sliall terminate two years from the date 
of registration unless sooner ended by death, resignation, revocation or 
by ruling or decision of the board. Such licenses may be renewed in the 
discretion of the board. The fee for an original apprentice license shall be 
ten dollars and the fee for any renewal thereof shall be ten dollars. 

77:7 Takes Effect. The provisions of section 5 shall take effect 
as of January 1, 1958 and the remaining provisions of this act shall take 
effect as of July 1, 1957. 
[Approved April 15, 1957.] 
[Section 5 effective January 1, 1958 
Remainder of Act effective July 1, 1957.] 



86 Chapters 78, 79 [1957 

CHAPTER 78. 

AN ACT RELATIVE TO FEE PAID BY LEGISLATIVE COUNSEL. 

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

78:1 Le^slative Counsel. Amend RSA 15:2 by striking- out said 
section and inserting- in place thereof the following: 15:2 — Fee for 
Registration. The fee for registration as legislative counsel for any one 
employer for any one legislative session, in accordance with the pro- 
visions of section 1 of this chapter, shall be ten dollars; provided, how- 
ever, that where the registrant is a member of a partnership, a partner 
or associate of said partnership may substitute for the registrant as 
legislative counsel for the same employer without payment of any addi- 
tional fee. 

78:2 Takes Effect. This act shall take effect as of January 1, 1959. 
[Approved April 15, 1957.] 
[Effective date January 1, 1959.] 



CHAPTER 79. 

AN ACT RELATIVE TO SPECIAL SESSIONS OF PROBATE COURT. 

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

79:1 Judges of Probate. Amend RSA 547:23 (supp) as amended 
by 1955, 142:1, by striking out said section and inserting in place thereof 
the following: 547:23 Special Sessions. Whenever the judge, at the 
request of the parties, shall attend an uncontested hearing on days other 
than those fixed by statute as the regular days for the sitting of the 
probate court, he may be allowed ten dollars for his service plus his 
expenses. In the case of a contested hearing, he may be allowed addi- 
tional compensation which shall not exceed an additional ten dollars for a 
half day or an additional twenty dollars for a whole day plus his ex- 
penses. Such compensation and expenses shall be paid by the party apply- 
ing for the hearing, unless the judge orders otherwise. 

79:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 15, 1957.] 
[Effective date April 15, 1957.] 



1957] Chapters, 80, 81, 82 87 

CHAPTER 80. 

AN ACT RELATIVE TO TAKING OF PHEASANTS. 

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

80:1 Open Season. Amend RSA 209:2 by striking out the word 
"male" so that said section as amended shall read as follows: 209:2 
Pheasants. Pheasants may be taken and possessed from October first 
to November first. No person shall take more than two pheasants in any 
one day. No person shall take more than ten pheasants in any one 
calendar open season, or have in his possession at one time more than 
two days' bag limit of pheasants. 

80:2 Takes Effect. This act shall take effect as of August 1, 1957. 
[Approved April 18, 1957.] 
[Effective date August 1, 1957.] 



CHAPTER 81. 

AN ACT RELATIVE TO WILFUL CONCEALMENT OF MERCHANDISE IN STORES. 

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

81:1 Wilful Concealment of Merchandise. Amend RSA 582 by in- 
serting after section 14 the following new section: 582:15 Penalty. 
Whoever, without authority, wilfully conceals the goods or merchandise 
of any store, while still upon the premises of such store, shall be fined 
not more than one hundred dollars or imprisoned for not more than six 
months, or both. Goods or merchandise found concealed upon the person 
shall be prima facie evidence of a wilful concealment. 

81:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 18, 1957.] 
[Effective date June 17, 1957.] 



CHAPTER 82. 

AN ACT RELATIVE TO SO-CALLED BOB HOUSES FOR ICE FISHING. 

Be it enacted by the Senate and Ho^ise of Representatives in General 
Court convened: 

82:1 Ice Fishing. Amend RSA 211 by inserting after section 17 
the following new subdivision: 



88 Chapter 83 [1957 

Bob Houses 

211:17-a Bob Houses. Any person owning or placing a so-called bob 
liouse on ice for the purpose of ice fishing shall mark clearly on the out- 
side of the door of said structure the owner's name and address. Any 
owner of a bob house who shall allow said structure to remain on prop- 
erty of another without permission for more than thirty days shall be 
fined not more than twenty-five dollars. 

82:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 23, 1957.] 
[Effective date June 22, 1957.] 



CHAPTER 83. 



an act relative to the salary of the justice of the 
Salem municipal court. 

Be it enacted by the Senate and House of Repi'-esentatwes in General 
Court convened: 

83:1 Salem Municipal Court. Amend paragraph I of RSA 502:7 
(supp) as amended by 1955, 133:1; 182:1; 279:1; 296:1; and 1957, 
66:1 by adding at the end thereof the words, In Salem, one thousand 
dollars, so that said paragraph 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 ; 

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, one thousand one hundred and fifty 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 Milf ord, six hundred dollars ; 



1957] Chapter 84 89 

In Haverhill, eight hundred dollars; 

In Salem, one thousand dollars. 
83:2 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved April 24, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 84. 

AN ACT RELATIVE TO THE GOVERNMENT OF TOWN AND SCHOOL MEETINGS. 

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

84:1 Town Meetings. Amend RSA 40 by inserting after section 3 
the following new section: 40:3-a. Assistant Moderator. The mod- 
erator may appoint an assistant moderator, who shall take the oath of 
office in the same manner as the moderator and shall hold office at the 
pleasure of the moderator, and shall have all the powers and duties which 
the moderator has, subject to the control of the moderator. 

84:2 School Meeting. Amend RSA 197 by inserting after section 
19 the following new section: 197:19-a. Assistant Moderator. The 
moderator may appoint an assistant moderator, who shall take the oath 
of ofhce in the same manner as the moderator and shall hold office at the 
pleasure of the moderator, and shall have all the powers and duties which 
the moderator has subject to the control of the moderator. 

84:3 School Election Officers. Amend RSA 197 by inserting after 
section 20 the following new section: 197:20-a. Inspectors. The school 
board of each school district, at some time prior to the school district 
meeting each year, may appoint, as additional election officers to act with 
the clerk, moderator, and school board at each school meeting, four in- 
spectors. Provided that, if the number of voters qualified to vote at such 
school meeting shall exceed two thousand, the school board may appoint 
for such school meeting two additional inspectors for each additional 
two thousand qualified voters or fraction thereof. If the number of 
voters qualified to vote at any school meeting shall exceed four thousand, 
they may appoint such additional inspectors as they may deem neces- 
sary for the efficient conduct of the election, so long as they do not 
appoint inspectors who will make a total of more than twenty-four 
election officials. Such officers shall be qualified voters at said school meet- 
ing. They shall assist the moderator in counting the votes cast at said 
meeting, including votes for election of school district officers and votes 
on all questions before said school meeting, 

84:4 Takes Effect. Tliis act shall take effect upon its passage. 
[Approved April 24, 1957.] 
[Eff"ective date April 24, 1957.] 



90 Chapters 85, 86, 87 [1957 

CHAPTER 85. 

AN ACT RELATIVE TO TOWN APPROPRIATIONS FOR BAND CONCERTS. 

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

85:1 Town Appropriations; Band Concerts. Amend paragraph 
XVII of RSA 31 :4 by striking out the words "not exceeding eight hun- 
dred dollars yearly" so that said paragraph as amended shall read as 
follows : XVII. Band Concerts. To aid free public band concerts. 

85:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 24, 1957.] 
[Effective date April 24, 1957.] 



CHAPTER 86. 



AN ACT RELATIVE TO EXTENSION OF TIME FOR MAKING UP LIST OF 

POLL TAXES. 

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

86:1 Extension of Time. Amend RSA 76:12 by adding in the first 
line after the word "first" the following words, unless the time therefor 
is extended by the tax commission, so that said section as amended shall 
read as follows: 76:12 List of Poll Taxes. Before June first, unless 
the time therefor is extended by the tax commission, in each year a list 
of all poll taxes, by them assessed against persons having no property 
to be assessed, shall be made by the selectmen of towns and assessors of 
cities with warrants under their hands and seal, directed to the collector 
of taxes, requiring him to collect tlie same at once and pay the same to 
the town treasurer at such times as may be therein prescribed. 

86:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 24, 1957.] 
[Effective date June 23, 1957.] 



CHAPTER 87. 

AN ACT PROVIDING FOR AN OFFICIAL STATE BIRD. 

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

87:1 State Bird. Amend RSA 3 by inserting at the end of said 
chapter the following new section: 3:10 Designation. The purple 
finch is hereby designated as the official state bird of New Hampshire. 



1957] Chapter 88 91 

87:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 25, 1957.] 
[Effective date April 25, 1957.] 



CHAPTER 88. 



AN ACT ESTABLISHING A DEPARTMENT OF PERSONNEL UNDER THE 
DIRECTION OF A PERSONNEL COMMISSION. 

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

88:1 Department Established. Amend RSA 98:3 by striking out 
said section and inserting in place thereof the following: 98:3 Per- 
sonnel. There shall be a department of personnel under the executive 
direction of a personnel commission, for the recruitment, appointment, 
compensation, promotion, transfer, layoff, removal, and discipline of 
state employees and for other incidents of state employment. 

88:2 Duties of Director. Amend RSA 98:13, IV by striking out 
the word "division" and inserting in place thereof the word, department, 
so that said paragraph as amended shall read as follows: IV. Within 
the limits of available appropriations and funds, to appoint under the 
provisions of the rules and regulations made as herein provided, such em- 
ployees of the department and such special assistants as may be neces- 
sary or desirable to carry out effectively the provisions of this chapter. 

88:3 Transfer of Funds, Records, etc. All appropriations made for 
the division of personnel within the department of administration and 
control shall be transferred to and made available for the department of 
personnel hereby established. All records and property of the division of 
personnel shall be transferred to the department of personnel hereby 
established. 

88 :4 Administation and Control. Amend RSA 8 :1 by inserting the 
word, and, after the word "property" in the fourth line, and by striking 
out the words "and a division of personnel" in the fifth line, so that said 
section as amended shall read as follows : 8:1 Department Established. 
There shall be a department of administration and control under the 
executive direction of the comi)troller. Said department shall consist of a 
division of budget and control, a division of accounts, a division of pur- 
chase and property, and a division of institutional collections. 

88:5 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved April 26, 1957.] 
[Effective date July 1, 1957.] 



92 Chapters 89, 90 [1957 

CHAPTER 89. 

AN ACT PROVIDING THAT TEMPORARY LOANS MAY BE MADE FOR A PERIOD 
NOT EXCEEDING ONE YEAR. 

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

89:1 Municipal Finance. Amend RSA 33 by inserting after sec- 
tion 7 the following new section: 33:7-a Temporary Loans. If a city 
votes to issue bonds or notes in accordance with this chapter, the officers 
authorized to issue the same, may in the name of such city, make a 
temporary loan for a period of not more than one year in anticipation of 
the money to be derived from the sale of such bonds or notes and may 
issue notes therefor, but the time within which final payment of such 
securities shall be made shall not be extended by reason of the making 
of such temporary loan beyond the time fixed in the vote authorizing 
the issue of such bonds or notes and notes issued hereunder may be re- 
funded by the issue of other notes maturing within one year, provided 
that annual payments on any such notes shall be made in accordance 
with RSA 33:2 and further provided that no notes shall be refunded 
under this section except under authority of such vote, if any, as is re- 
quired for the original borrowing. 

89:2 Takes Eflfect. This act shall take effect sixty days after its 
passage. 

[Approved April 26, 1957.] 
[Effective date June 25, 1957.] 



CHAPTER 90. 

AN ACT PROVIDING FOR A DEPUTY COMMISSIONER OF EDUCATION. 

Be it enacted by the Senate and House of Repi-esentatives in General 
Covert convened: 

90:1 State Board of Education. Amend RSA 186 by inserting 
after section 9 thereof the following new sections: 186:9-a Deputy 
Commissioner of Education. The commissioner, subject to the approval 
of the state board, shall appoint a deputy commissioner of education. Said 
deputy commissioner shall perform such duties as may be assigned to 
him by the commissioner and during the absence or disability of the com- 
missioner he shall perform all the duties of the commissioner. The said 
deputy may be removed only in accordance with RSA 4:1. 

186:9-b Salary. The salary of the deputy commissioner of edu- 
cation shall be that as fixed by RSA 94:1. 

90:2 Salary. Amend RSA 94:1 by inserting after the provision 



1957] Chapters 91, 92 93 

for the salary of the deputy bank commissioners the following": Deputy 
commissioner of education, minimum $8,000, maximum $9,200. 

90:3 Takes Effect. This act shall take effect July 1, 1957. 
[Approved May 1, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 91. 



AN ACT RELATIVE TO LIMITATION OF RECOVERY OF DAMAGES FOR 
WRONGFUL DEATH. 

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

91 :1 Damages for Wrongful Death. Amend RSA 556 : 13 by strik- 
ing out the words "seven thousand five hundred" in the second line and 
inserting in place thereof the words, ten thousand; and further amend 
said section by striking out the word "fifteen" in the fifth line and in- 
serting in place thereof the word, twenty-five, so that said section as 
amended shall read as follows : 556:13 — Limitation of Recovery. The 
damages recoverable in any such action shall not exceed ten thousand 
dollars, except in cases where the plaintiff's decedent has left either a 
widow, widower, or minor children or a dependent father or mother, 
when the damages recoverable shall not exceed twenty-five thousand 
dollars. 

91:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 1, 1957.] 
[Effective date June 30, 1957.] 



CHAPTER 92. 

AN ACT RELATIVE TO REGISTERS OF DEEDS. 

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

92:1 Registers of Deeds. Amend RSA 478 by inserting after sec- 
tion 2 the following new section: 478:2-a Assistance. The register of 
deeds may employ individuals to assist him in the performance of his 
official duties. 

92:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 1, 1957.] 
[Effective date June 30, 1957.] 



94 Chapters 93, 94 [1957 

CHAPTER 93. 

AN ACT RELATIVE TO REFORESTATION WEEK AND ARBOR DAY. 

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

93 :1 Reforestation Week. Amend RSA 221 :18 by striking out the 
words "May first to seventh, inchisive" and inserting in place thereof the 
words, one week during the month of May as recommended by the state 
forester, so that said section as amended shall read as follows: 221:18 
Proclamation. The governor shall annually proclaim one week during 
the month of May as recommended by the state forester as reforestation 
week and shall request the citizens of the state to observe said anniver- 
sary by planting and caring for young forest trees. 

93:2 Arbor Day. Amend RSA 221 :19 by striking out said section 
and inserting in place thereof the following: 221:19 Proclamation. 
The governor, with the advice and consent of the council, shall annually 
designate by proclamation Friday during reforestation week as Arbor 
Day, to be observed throughout the state as a day for planting trees, 
shrubs, and vines about homes, along highways, and on public lands, thus 
contributing to the wealth and attractions of the state. 

93:3 Takes Effect. This act shall take effect upon its passage. 

[Approved May 1, 1957.] 
[Effective date May 1, 1957.] 



CHAPTER 94. 

AN ACT RELATIVE TO APPORTIONMENT OF EXPENSES FOR FOREST FIRES. 

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

94:1 Forest Fires. Amend RSA 224:15 (supp) as amended by 
1955, 311:1 by inserting after the word "caused" in the fifteenth line the 
word, either, and by adding after the word "agents" in the sixteenth line 
the words, or in cases in which there is negligence on the part of the 
town or its agents in collecting said expenses from violators under RSA 
224:27, so that said section as am.ended shall read as follows: 

224:15 Apportionment of Expenses. 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 other- 
wise herein provided, and except that when in any one town or city fiscal 
year the net total of sums required for the suppression and prevention 
of forest and brush fires, excluding the initial cost of fire fighting equip- 
ment, to be so borne by such municipality, computed at rates within 



1957] Chapter 95 95 

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; expenses in- 
curred 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 incurred in fig-hting any forest or brush fire 
when, as determined by the state forestry and recreation commission, 
such fire was caused either by the negligence of the town or of its agents ; 
or in cases in which there is negligence on the part of the town or its 
agents in collecting said expenses from violators under RSA 224 :27. Any 
determination of the forestry and recreation commission under the pro- 
visions of the preceding sentence shall be subject to rehearing and appeal 
as provided in RSA 541. 

94:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 1, 1957.] 
[Effective date May 1, 1957.] 



CHAPTER 95. 

AN ACT RELATIVE TO BORROWING BY CITIES AND TOWNS. 

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

95:1 Municipal Finance, Amend paragraph I of RSA 33:7 by 
striking out the first sentence thereof and inserting in place thereof the 
following sentence: Cities and towns may incur debt in anticipation of 
the taxes of the financial year in which the debt is incurred, in order to 
pay current maintenance and operation expenses, and may issue notes 
therefor to an aggregate principal amount not exceeding the total tax 
levy during the preceding financial year, provided that after the tax levy 
of the current year has been determined any city or town may borrow an 
amount not exceeding in the aggregate the total tax levy of the city or 
town for the current financial year, so that said paragraph as amended 
shall read as follows: I ('ities and Towns. Cities and lowns may incur 
debt in anticipation of the taxes of the financial year in which the debt 
is incurred, in order to pay current maintenance and operation expenses, 
and may issue notes therefor to an aggregate principal amount not ex- 
ceeding the total tax levy during the preceding financial year, provided 
that aftei- the tax levy of the current year has been determined any city 
or town may borrow an amount not exceeding in the aggregate the total 
tax levy of the city or town for the current financial year. In order to 
meet necessary expenses which may arise during the period from the 
beginning of the financial year to the date of the annual town meeting, 
the treasurer of any town, with the approval of the selectmen, may 



96 Chapter 96 [1957 

issue notes, without a vote of the town therefor, to an aggregate princi- 
pal amount not exceeding fifteen per cent of the total receipts from taxes 
during the preceding financial year. 

95:2 Repeal. RSA 33:13 relative to treasurer's certificate, is here- 
by repealed. 

95 ;3 Takes Effect. This act shall take eff'ect as of January 1, 
1958. 

[Approved May 1, 1957.] 
[Effective date January 1, 1958.] 



CHAPTER 96. 

AN ACT RELATIVE TO DECREES AND CERTIFICATES OF ADOPTION. 

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

96:1 Adoption. Amend RSA 461:5 by inserting after the word 
"child" in the eighteenth line the two sentences: When a change of 
name is decreed, the decrees and certificates of adoption shall not state 
the former name of the adopted child unless the surname of the adopted 
child remains unchanged. The certificates of adoption shall refer specific- 
ally to the probate court docket number under which the record of 
adoption and change of name liave been entered, so that said section as 
amended shall read as follows: 461:5 Waiting Period; Final Decree; 
Exception. If the requirements of the preceding sections have been 
complied with, and the judge is satisfied with the identity and the re- 
lationship of the parties, and that the petitioner is of sufficient ability to 
liring up and properly educate the child, and that it is fit and proper 
that the adoption should take effect, he shall make an order granting 
temporary custody of said child to the petitioners for a period of one 
year from the date of said order, except that in his discretion where he 
deems it for the best interests of the child he may reduce the period of 
temporary custody to such length of time as he may see fit. During said 
period the department of public welfare shall make, or cause to be made 
at its direction, visits in the home of the petitioners, and shall have such 
mental and physical tests made of the child as the department deems 
necessary, and shall send a report to the court. If, at the end of said 
period, the judge is of the opinion that the petition for adoption should 
be granted, he shall thereupon make a decree setting forth the facts and 
ordering that the child shall be the child of the petitioners to all legal 
intents and purposes. The decrees and the certificates of adoption shall 
not state the names of the natural parents of the adopted child. When a 
change of name is decreed, the decrees and certificates of adoption shall 
not state the former name of the adopted child unless the surname of 



1957] Chapters 97, 98 97 

the adopted child iremams unchanged. The certificates of adoption shall 
refer specifically to the probate court docket number under which the 
record of adoption and change of name have been entered. Within seven 
days after the final decree is filed, the register of probate shall send to 
the town clerk of town of birth and to the commissioner of public wel- 
fare by mail a report of the adoption. The department of vital statistics 
shall provide suitable forms for such reports. 

96:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 1, 1957.] 
[Effective date May 1, 1957.] 



CHAPTER 97. 

AN ACT RELATIVE TO SALE OF MEAT, FISH AND FOWL. 

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

97:1 Sale by Weight. Amend RSA 359:44 by striking out said 
section and inserting in place thereof the following: 359:44 Sale of 
Meat, Fish, and Fowl. All dressed meat, fresh and salt, meat products, 
fish and dressed or oven-ready poultry shall not be sold or offered for 
sale except by weight. Provided, however, that the provisions of this 
section shall not apply to the sale of these articles where both buyer and 
seller in writing agree to other methods of sale, provided, further, that 
the provisions of this section shall not apply when these articles are 
cooked for sale except when offered for sale in a closed package. 

97:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 98. 



AN ACT RELATIVE TO BORROWING BY VILLAGE DISTRICTS FOR 
CURRENT EXPENSES AND MAINTENANCE. 

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

98:1 Tax Anticipation Notes. Amend RSA 33:7. IT by striking 
out the words "governing board" in the ninth line and inserting in place 
thereof the word, commissioners, and by striking out the word "such" 
in the eleventh line and inserting in place thereof the words, taxes and 
other, so that said paragraph as amended shall i-ead as follows: H 
Village Districts. Village districts may incur debt in anticipation of 



98 Chapter 99 [1957 

revenue other than taxes of the financial year in which the debt is in- 
curred, in order to pay current maintenance and operation expenses, and 
may issue notes therefor to an aggregate principal amount not exceed- 
ing the total receipts of the district from such sources during the pre- 
ceding financial year. In order to meet necessary expenses which may 
arise during the period from the beginning of the financial year to the 
date of the annual district meeting, the treasurer of any district with 
the approval of the commissioners, may issue notes, without a vote of 
the district therefor, to an aggregate principal amount not exceeding 
fifteen per cent of the total receipts from taxes and other sources during 
the preceding financial year. 

98:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 99. 

AN ACT RELATIVE TO CLASS III RECREATIONAL ROADS. 

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

99 :1 Road in Whitefield and Dalton. Amend RSA 231 :6 by insert- 
ing after the word "Newbury" in the twentieth line the words, and the 
road from Route 116, so called, to Forest Lake State Park in the towns 
of Whitefield and Dalton, so that said section as amended shall read as 
follows: 231:6 Class III Recreational Roads. The depai'tment of 
public works and highways shall assume full control of reconstruction 
and maintenance of roads designated by the forestry and recreation 
commission and highway commissioner within the following state 
reservations and rights of way thereto, and such roads shall be known 
as recreational roads ; Belknap State Reservation in the town of Gilford ; 
Cathedral Ledge State Reservation in the towns of Conway and Bart- 
lett; the Arethusa Falls road in the town of Hart's Location; Pillsbury 
State Reservation in the town of Washington; White Lake State Park 
in the town of Tamworth; Pawtuckaway State Reservation in the towns 
of Nottingham and Deerfield; Milan Hill State Park in the town of 
Milan; Cardigan State Reservation in the town of Orange; Kearsarge 
State Reservation in the town of Wilmot; Mt. Sunapee State Park in 
the town of Newbury; Rhododendron State Reservation in the town of 
Fitzwilliam; Bear Brook State Reservation in the towns of Deerfield, 
Hooksett, Allenstown and Candia; and the road formerly known as the 
Kearsarge Mountain Toll road in the town of Warner, extending from 
the original toll gate location to its terminus near the summit of Kear- 



1957] Chapters, 100, 101 99 

sarge Mountain; and Monadnock State Forest Reservation in the town 
of Jaffrey, and the road to the beach development at Mt. Sunapee State 
Park in the town of Newbury, and the road from Route 116, so 
called, to Forest Lake State Park in the towns of Whitefield and Dal- 
ton. The cost of reconstruction and maintenance shall be a charge upon 
the highway funds. This section shall not be construed as affecting the 
control of the forestry and recreation department over parking areas or 
other facilities within said reservations. 

99 :2 Takes Effect. This act shall take eflect on July 1, 1957. 
[Approved May 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 100. 



AN ACT RELATIVE TO THE DEFINITION OF CLOSED PACKAGE UNDER 
STATUTE FOR GRADING APPLES. 

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

100:1 Grading Apples. Amend RSA 341 by inserting after section 
7 the following new section: 341:7-a Special Closed Packages. Not- 
withstanding the provisions of section 7 the commissioner of agricul- 
ture may, by authorization of the agricultural advisory board and after 
public hearing, make special regulations as to the information to be 
marked on packages of apples enclosed in sealed bags or containers made 
of transparent material. 

100:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 101. 



AN ACT ADDING "AGRONOMIC" PLANTS AND SEEDS TO PLANT AND 
SEED CERTIFICATION. 

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

101:1 Plant and Seed Certification. Amend RSA 434-A:l (supp) 
as inserted by 1955, 83:1 by inserting after the word "horticultural" in 
the second line the words, or agronomic, so that said section as amended 
shall read as follows: 434-A:l Definition. The term "certified 
plants" and the term "certified seeds" used herein shall mean any 
variety of horticultural or agi^onomic plants or seeds that have been in- 



100 Chapters 102, 103 [1957 

spected by the commissioner 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. 

101 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 2, 1957.] 
[Effective date May 2, 1957.] 



CHAPTER 102. 



AN ACT RELATIVE TO DUTIES OF TAX COMMISSION IN EQUALIZATION 

OF TAXES. 

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

102:1 Tax Commission. Amend RSA 71:11, V by striking out 
said paragraph and inserting in place thereof the following : V. Equal- 
ization. In every even-numbered year to equalize the valuation of the 
property in the several towns, cities and unincorporated places in the 
state by adding to or deducting from the aggregate valuation of the 
property as assessed in towns, cities and unincorporated places such 
sums as will bring such valuations to the true and market value of said 
property, and by making such adjustments in the value of other prop- 
erty from which the towns, cities and unincorporated places receive 
taxes as may be equitable and just, so that any public taxes that may be 
apportioned among them shall be equal and just as between them, and 
to report to the legislature at each biennial session the equalized valu- 
ations thus established and the apportionment of public taxes based 
thereon. 

102:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 103. 

AN ACT TO AUTHORIZE THE ISSUANCE OF CALL BONDS BY 
MUNICIPALITIES. 

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

103:1 Municipal Finance Act. Amend RSA 33 by inserting after 
section 2 the following new section : 33:2-a Call Bonds. The issuance 



1957] Chapter 104 101 

of bonds or notes hereunder which are subject to call, at the election of 
the municipality, before the date fixed for final payment thereof, is 
authorized. The bonds or notes, in such cases, shall contain provisions 
setting forth the method or methods by which the option to call may be 
exercised, the procedure for payment in the event of call, and the legal 
effect of the making of the call. If such call bonds or notes are payable 
to bearer, they may be called, at the election of the municipality, on 
any date when interest thereon shall become payable, written notice of 
such election first having been given to the bank, banks or other insti- 
tutions, if any, at which they are stated on their face to be payable, and 
published for four consecutive weeks at least once a week in one or more 
newspapers printed and published in Boston, Massachusetts, and in one 
newspaper printed and published in the state of New Hampshire and 
circulating in said municipality, the last such publications being at least 
fourteen days before the date specified for payment; and thereupon, 
after the date so specified, interest thereon shall cease. If such call bonds 
or notes are payable to the registered holder, they may be called, at the 
election of the municipality, on any date when interest thereon shall be- 
come payable, written notice of such election first having been given to 
the registered holder by registered mail, postage prepaid, to such holder 
at his last address, as registered in the books of the municipal treasurer ; 
and thereupon, after the date so specified, interest thereon shall cease. 

103 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 104. 

AN ACT CHANGING CLASSIFICATION OF A ROAD IN GROTON. 

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

104:1 Change in Classification. The section of highway from 
North Groton to Dorchester shall hereafter be classed as a class V high- 
way. 

104:2 Transfer of Funds. Such sums as may have been appor- 
tioned 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 town of Groton and made available for expenditure in addition to 
such sums as are allotted for town road aid, so called, in said town and 
expended under the supervision of the commissioner of public works and 
highways. 

104:3 Takes Effect. This act shall take effect upon its passage. 
[Approved May 2, 1957.] 
[Effective date May 2, 1957.] 



102 Chapters 105, 106, 107 [1957 

CHAPTER 105. 

AN ACT RELATIVE TO RECLASSIFICATION OF A ROAD IN WALPOLE. 

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

105:1 Classification of Road. The road in the town of Walpole be- 
ginning at the boundary between this state and the state of Vermont 
thence running easterly one-half mile more or less to its junction with 
route 12 at Walpole Village, is hereby changed from a class V road to 
class I highway. 

105:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 106. 



an act relative to taking pickerel through the ice from 

Umbagog lake. 

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

106:1 Pickerel Fishing. Amend 1957, 14:1 by striking out the 
words "ice fishing on" in the first line and inserting in place thereof the 
words, the taking of pickerel through the ice from, so that said section 
as amended shall read as follows: 14:1 Umbagog lake. The taking 
of pickerel through the ice from Umbagog lake is hereby permitted pro- 
vided that no person shall take more than five pickerel through the ice 
from said lake in one day. 

106:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 2, 1957.] 
[Effective date May 2, 1957.] 



CHAPTER 107. 

AN ACT RELATIVE TO THE STATE EMBLEM. 

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

107:1 State Emblem. Amend RSA 3:1 by striking out the word 
"top" in the fifth line and inserting in place thereof the word, bottom, 
and by striking out the word "bottom" in the sixth line and inserting in 
place thereof the word, top, so that said section as amended shall read 
as follows: 3:1 State Emblem. The state emblem shall be of the 



1957] . Chapter 108 103 

following- design: Within an elliptical panel, the longest dimension of 
which shall be vertical, there shall appear an appropriate replica of the 
Old Man of the Mountains; surrounding the inner panel, and enclosed 
within another ellipse, there shall be at the bottom of the design the 
words of any state motto which may be adopted by the general court; 
and at the top of the desig-n, l^etween the inner and outer elliptical panels, 
the words, New Hampshire, appi'opriately separated from the motto, if 
adopted, by one star on each side. Said emblem may be placed on all 
printed or related material issued by the state and its subdivisions rela- 
tive to the development of recreational, industrial, and agricultural re- 
sources of the state. 

107:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 3, 1957.] 
[Effective date July 2, 1957.] 



CHAPTER 108. 



an act increasing the salaries of the justice and clerk of the 
Portsmouth municipal court. 

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

108:1 Municipal Court. Amend paragraph I of RSA 502:7 (supp) 
as amended by 1955, 133:1; 182:1; 279:1; 296:1; 1957, 66:1 and 1957, 
83 :1 by striking out the words "two thousand five hundred" in the eighth 
line and inserting in place thereof the words, three thousand, so that said 
paragraph 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: 

[n Manchester, four thousand six hundred dollars; 

[n Nashua, three thousand dollars; 

[n Concord, three thousand five hundred dollars; 

[n Portsmouth, three thousand dollars; 

[n Dover, one thousand eight hyndred dollars; 

[n Laconia, one thousand eight iumdred 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; 



104 Chapter 109 [1957 

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; 

In Haverhill, eight hundred dollars; 

In Salem, one thousand dollars. 

108:2 — Clerks. Amend RSA 502:17, as amended by 1957, 17:1 
by striking out the word "eight" in the second line and inserting in place 
thereof the word, twelve, so that said section as amended shall read as 
follows: 502:17 Salaries. The clerk of the Portsmouth municipal 
court shall receive an annual salary of twelve hundred dollars, the clerk 
of the Manchester municipal court shall receive an annual salary of 
thirty-three hundred dollars ; to be paid by the respective cities in equal 
monthly payments; the salaries of all other clerks of municipal courts 
in cities or towns of five thousand population or more shall be not less 
than three hundred dollars, and as much more as the city or town in 
which said court is located may vote to pay. 

108 :3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 8, 1957.] 
[Effective date July 7, 1957.] 



CHAPTER 109. 

AN ACT RELATIVE TO THE ISSUANCE OF COUNTY BONDS. 

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

109:1 County Bonds. Amend RSA 33:10 by adding at the end 
thereof the words, provided that a public hearing is held which shall be 
advertised at least seven days before said public hearing, in some daily 
newspaper having a wide circulation in the county, giving the time and 
place of the hearing; and provided that not more than fourteen days after 
said public hearing the county convention shall approve such bond issue 
by at least two thirds of the county convention present and voting, and 
provided further that a majority of the whole convention shall be pres- 
ent, so that said section as amended shall read as follows: 33:10 
County Bonds. County bonds shall be authorized and issued as pro- 
vided in chapters 25 and 28, provided that a public hearing is held which 
shall be advertised at least seven days before said public hearing, in 
some daily newspaper having a wide circulation in the county, giving 
the time and place of the hearing; and provided that not more than 
fourteen days after said public hearing the county convention shall 



1957] Chapter 110 105 

approve such bond issue by at least two thirds of the county convention 
present and voting' and provided further that a majority of the whole 
convention shall be present. 

109:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 8, 1957.] 
[Effective date July 7, 1957.] 



CHAPTER 110. 



AN ACT RELATIVE TO DISPOSITION OF FINES IMPOSED ON APPEAL TO 

SUPERIOR COURT INVOLVING FISH AND GAME AND MOTOR 

VEHICLE VIOLATIONS. 

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

110:1 Disposition of Receipts. Amend RSA 262:35 by inserting 
at the end thereof the following : Provided further that any fine or for- 
feiture collected by the superior court shall be retained to the benefit of 
the county, and disposed of as provided in RSA 499:5 so that said 
section as amended shall read as follows: 262:35 Disposition of 
Receipts. All fees, fines and forfeitures received by any person under 
the provisions of any laws of the state relative to the use and operation 
of motor vehicles, shall be paid to the commissioner within seven days 
after the receipt thereof, and all moneys received by the commissioner 
shall be paid monthly to the state treasurer. Provided, however, that 
from each fine and forfeiture collected by a municipal court, there shall 
be deducted five dollars and ten per cent of that part of the fine wliicli 
exceeds five dollars, and the same shall be disposed of as provided in 
RSA 502:14. Provided further that any fine or forfeiture collected by 
the superior court shall be retained to the benefit of the county, and dis- 
posed of as provided in RSA 499:5. 

110:2 Fines. Amend RSA 206:34 liy inserting at the end thereof 
the following: Provided further that any fine or forfeiture collected 
by the superior court shall be retained to the benefit of the county, and 
disposed of as provided in RSA 499:5 so that said section as amended 
shall read as follows: 206:34 Fines. The court or justice of any 
court in which a complaint for a violation of any law, rule or regulation 
relating to fish, game or fur-bearing animals, is prosecuted, shall, within 
thirty days after any fine or forfeiture is paid, remit the amount thereof 
to the director provided hfiwever, that from eacli fine collected by a 
municipal court, there shall be deducted five dollars and ten per cent 
of that part of the fine which exceeds five dollars, and the same shall be 
disposed of as provided in RSA 502:14. Provided further that any fine or 



106 Chapters 111, 112 [1957 

forfeiture collected by the superior court shall be retained to the benefit 
of the county, and disposed of as provided in RSA 499:5. 

110:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 8, 1957.] 
[Effective date July 7, 1957.] 



CHAPTER 111. 

AN ACT TO AMEND CERTAIN PROVISIONS RELATING TO RAILROAD FARES AND 
CONDUCT OF RAILROAD PASSENGERS. 

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

111:1 Collection of Fares, Amend RSA 377:4 by striking out said 
section and inserting in place thereof the following: 377:4 Collecting 
Fares. The conductor shall promptly collect, of passengers not entitled 
to ride free, the established fares or the tickets showing that they have 
paid. 

111:2 Conduct of Passengers. Further amend RSA 377:8 by 
striking out section 8 and inserting in place thereof the following: 
377:8 Disorderly Conduct. If a passenger or other person behaves in 
a noisy or disorderly manner, or is intoxicated or will not cease drinking 
intoxicating liquor of any kind, upon a railway train, or in a railroad or 
railway waiting room, upon the request of the conductor of the train, or 
the person in charge of such waiting room, he shall be fined not more 
than twenty dollars, or imprisoned not more than six months. 

Ill :3 Takes Effect. This act shall take effect upon its passage. 
[Approved May 8, 1957.] 
[Effective date May 8, 1957.] 



CHAPTER 112. 

AN ACT RELATIVE TO EXPENDITURE OF STATE APPROPRIATIONS. 

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

112:1 State Budget. Amend RSA 9:10 by striking out said sec- 
tion and inserting in place thereof the following: 9:10 Appropriations. 
The appropriations made shall be available for expenditure on July first, 
unless otherwise provided. 

112:2 Control by Division of Accounts. Amend RSA 9:11 by 
striking out said section and inserting in place thereof the following: 
9:11 Monthly Statements. Once each month the director of the divi- 



1957] Chapter 113 107 

sion of accounts shall make a report to each state agency showing in 
detail the total amount expended during the previous month and the 
accumulated amount expended to date from July first. The report shall 
also show the total encumbrances outstanding and the balance available 
for the remainder of the fiscal year. Whenever it appears that a depart- 
ment is spending at a rate which will deplete its appropriation before 
June thirtieth the director of accounts shall immediately report the fact 
to the governor who shall thereupon investigate and may, if necessary, 
order the department head to reduce expenditures in proportion to the 
balance available and the remaining time in the fiscal year. When such 
an order has been made by the governor the director of accounts shall 
establish a limit of expenditures for the department and shall not 
allow any expenditure by said department in excess of said limit unless 
and until said order has been modified by the governor. Provided, how- 
ever, that the provisions of this section shall not apply to appropri- 
ations made for land, permanent improvements, and other capital 
projects. 

112:3 Takes Effect. This act shall take effect July 1, 1957. 
[Approved May 8, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 113. 



AN ACT RELATIVE TO LIENS ON REAL ESTATE FOR ASSISTANCE TO 
PERMANENTLY AND TOTALLY DISABLED. 

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

113:1 Real Estate Tax Sales. Amend PvSA 80:31 by inserting 
after the words "lien for" in the second line the words, aid to perma- 
nently and totally disabled or for, so that said section as amended shall 
read as follows: 80:31 Real Estate Subject to Liens for Old Age 
Assistance. No tax sale of real estate upon which there is a lien for aid 
to permanently and totally disal)led or for old age assistance recorded 
in the registry of deeds shall be valid as against the state of New Hamp- 
shire unless the purchaser at the tax sale shall notify in writing the 
commissioner of public welfare, within thirty days from the date of such 
sale. Such notice shall contain the date of the tax sale, the name of the 
delinquent taxpayer, the total amount for which the real estate was sold 
and amount of costs for notifying the commissioner of public welfare. 
Such costs shall be the same as for notifying mortgagees. 

113:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 13, 1957.] 
[Effective date July 12, 1957.] 



108 Chapter 114 [1957 

CHAPTER 114. 

AN ACT RELATIVE TO INVESTMENTS BY DOMESTIC LIFE INSURANCE 

COMPANIES. 

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

114:1 Revenue Bonds. Amend RSA 411:15 by inserting after 
paragi'aph VI thereof the following new paragraph: VII. (a) In 
revenue bonds, debentures or other obligations of any corporation or 
corporate authority incorporated, authorized or established by an act 
of Congress or of a state legislature, including, without being limited 
thereto, water-works plants or systems, electric plants or systems, gas 
plants or systems, telephone systems, pipe lines or systems, toll roads or 
highway bridges, provided that (i) if such bonds, debentures or other 
obligations have been issued and outstanding for five years or more, 
there shall have been no defaults in the payment of principal or interest 
due on such bonds, debentures or other obligations during the five years 
next preceding the date of acquisition and the annual net earnings of 
such issuing corporation or corporate authority available for its fixed 
charges since the date of issuance of such bonds, debentures or other 
obligations shall have been not less than one and one-fourth times its 
annual fixed charges, or (ii) if such bonds, debentures or other obliga- 
tions have been issued and outstanding for less than five years, the 
annual net earnings of sucli issuing corporation or corporate authority 
available for its fixed charges since the date of issuance of such bonds, 
debentures or other obligations shall have been not less than one and 
one-half times its annual fixed charges, or, the annual average estimated 
net earnings of such issuing corporation or corporate authority, as 
shown by its pro forma statement at the time of issuance of such bonds, 
debentures or other obligations, shall be not less than one and three- 
fourths times the annual average estimated fixed charges of such issu- 
ing corporation or corporate authority, or (b) in bonds, debentures or 
other obligations payable from revenues specifically pledged therefor by 
a public utility owned and operated by any municipality, governmental 
agency, or political subdivision authorized or established by an act of 
Congress or by the laws of any state or of the Dominion of Canada or 
any province thereof; provided, that the laws authorizing the issuance 
of such bonds or othei' obligations require, or that such municipality, 
agency or subdivision is legally authorized to and does obligate itself, 
that rates for service shall be fixed, maintained and collected at all times 
so as to produce sufficient revenue or earnings to pay all the operating 
and maintenance charges and both principal and interest of such bonds 
or obligations according to their terms ; and provided further, that none 
of the issue of the bonds or obligations purchased shall be in default at 
the date of such investment. The term "public utility" as used herein 



1957] Chapter 114 109 

shall include, without being limited thereto, all of the enterprises de- 
scribed in part (a) hereof. Such companies may loan or invest their 
funds to an amount not exceeding in the aggregate five per cent of their 
total admitted assets in loans or investment permitted under this para- 
graph VII. 

114:2 Participating Loans. Amend paragraph II of RSA 411:15 
by inserting at the end thereof the following: "Loans," as used in this 
paragraph, shall include any loan made by each of two or more banks, 
trust companies or insurance companies participating severally with an 
originating lender, so that said paragraph as amended shall read as 
follows : 11. In loans secured by first mortgage on improved real estate 
subject to the following limitations: (a) Such loans shall not exceed 
fifty per cent of the value of the mortgaged property except in the case 
of loans on property in cities or towns where the mortgage provides for 
the amortization of the debt during the term of the loan or at a rate of 
not less than five per cent per annum after the first year, in which case 
loans shall not exceed sixty-six and two-thirds per cent of the value of 
the mortgaged property; (b) all insurable buildings considered a part 
of the value of the mortgaged real estate shall be insured for the benefit 
of the mortgagee; (c) any mortgages taken in connection with the sale 
of real estate by any such company may be on terms as determined by 
the directors of the company or authorized committee thereof; (d) the 
value of mortgaged real estate may be determined by an appraisal made 
under oath of two freeholders resident in the county or city in which such 
real estate is located ; (e) no such company shall invest in or loan upon the 
security of any one property more than two per cent of its total admitted 
assets. In determining whether any loan exceeds the above specified per- 
centages of the values of the real estate, no consideration shall be given 
to (1) that portion of the obligation which is guaranteed by the Ad- 
ministrator of Veterans' Aff'airs under Title III of the Servicemen's Re- 
adjustment Act of 1944 as amended from time to time, or (2) an 
obligation wholly guaranteed under such title. "Loans," as used in this 
paragraph, shall include any loan made by each of two or more banks, 
trust companies or insurance companies participating severally with an 
originating lender. 

114:3 Investments. Amend RSA 411:19 by striking out said 
section and inserting in place thereof the following: 411:19 Other In- 
vestments. Subject to the approval of the insurance commissioner, such 
companies may invest their funds 

(a) to an amount not exceeding in the aggregate ten per cent 
of their total admitted assets in loans or investments not 
qualifying or not permitted under sections 15 or 16 above, 
and 



110 Chapters 115, 116 [1957 

(b) in the stock of another insurance company, notwithstand- 
ing the provisions of RSA 402 :29. 
114:4 Takes Effect. This act shall take effect July 1, 1957. 
[Approved May 13, 1957.] 
[Effective date July 1 ,1957.] 



CHAPTER 115. 



AN ACT REPEALING CERTAIN PROVISIONS RELATIVE TO THE REMOVAL OR 
DISCHARGE OF MERRIMACK COUNTY EMPLOYEES. 

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

115:1 Repeal. The third paragraph of 1955, 382, which provides 
that certain Merrimack county employees shall not be discharged or re- 
moved from office except under conditions as set forth in said paragraph, 
is hereby repealed. 

115:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 13, 1957.] 
[Effective date May 13, 1957.] 



CHAPTER 116. 



AN ACT RELATIVE TO ADOPTION OF MINORS, AND AID TO NEEDY 

CHILDREN. 

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

116:1 Adoption of Minors. Amend RSA 461:2 by inserting the 
following at the end of said section: In cases where the child has been 
placed for adoption by a licensed child-placing agency, the judge of pro- 
bate may at his discretion refer the case to the placing agency for in- 
vestigation, which agency shall thereupon make the investigation and 
report hereinbefore required. When the woman petitioner in a petition 
for adoption of a minor is the natural mother of the child, the judge of 
probate may proceed to hearing and decree in the matter without the 
notice required by this section, provided he is satisfied as to the identity 
and relationship of the parties, that the petitioners are of sufficient 
ability to bring up and properly to educate the child, and that it is fit and 
proper that the adoption should take effect, so that said section as 
amended shall read as follows: 461:2 Investigation. The register of 
probate shall send to the department of public welfare a copy of every 
petition for adoption of minors filed in probate court within seven days 
after it is filed. Said department shall make, or cause to be made at its 



1957] Chapter 116 111 

direction, an investigation to determine whether the petitioners and their 
home are suitable for the proper rearing of the child, due regard being 
given the race and religion of the child and the petitioners, and when 
ordered by the court said department shall make or cause to be made 
at its direction an investigation to determine the condition and ante- 
cedents of the child for the purpose of ascertaining whether he is a 
proper subject of adoption. Said department shall submit to the court, 
not later than sixty days after the receipt of said petition such report 
as will give the court full knowledge as to the desirability of the pro- 
posed adoption. Such reports shall not be examined by any person not a 
party to the proceedings without an order from the court. In cases 
where the child has been placed for adoption by a licensed child-placing 
agency, the judge of probate may at his discretion refer the case to the 
placing agency for investigation, which agency shall thereupon make the 
investigation and report hereinbefore required. When the woman peti- 
tioner in a petition for adoption of a minor is the natural mother of the 
child, the judge of probate m.ay proceed to hearing and decree in the 
matter without the notice required by this section, provided he is 
satisfied as to the identity and relationship of the parties, that the peti- 
tioners are of sufficient ability to bring up and properly to educate 
the child, and that it is fit and proper that the adoption should take 
effect. 

116:2 Correction of Error. Amend RSA 170:2 by striking out the 
word "court" in the sixth line and inserting in place thereof the word, 
term, so that said section as amended shall read as follows: 170:2 
Child-Caring Agency. A child-caring agency is defined for the purposes 
of this chapter as any person, firmx, corporation or association who 
operates or maintains a boarding home or foster home for children or 
who receives for foster care, control or custody one or more children 
under the age of sixteen years unrelated by blood or marriage and 
separated from parent or guardian, except children committed by a 
court. The term "child-caring agency" shall not include a bona fide 
summer camp, a hospital, a day nursery school, a public scliool, a private 
school approved by the state board of education or a private home in 
which a child is left by his parent or guardian for temporary care for a 
period not exceeding thirty days in any calendar year. Such private 
home shall keep a register of the name and address of each such child, 
the name and address of his parent or guardian and the dates of his 
arrival and departure. Such register shall be available at any time for 
the inspection of the commissioner of public welfare or his authorized 
representative. 

116:3 Definitions. Amend RSA 167:6 (e) by striking out the 
words "sixteen, or between the ages of sixteen and eighteen and en- 
rolled in school" in the second and third lines and inserting in place 
thereof the word, eighteen, and by inserting after the word "step- 



112 Chapter 117 [1957 

sister" in the seventh line the words, first-cousin, nephew or niece, so 
that said section as amended shall read as follows: (e) For the pur- 
poses hereof a person shall be eligible for aid to dependent children who 
is a needy child under the age of eighteen, who has been deprived a 
parental support or care by reason of death, continued absence from the 
home, or physical or mental incapacity of a parent, and who is living 
with his father, mother, grandfather, grandmother, brother, sister, step- 
father, stepmother, stepbrother, stepsister, first-cousin, nephew or niece, 
uncle or aunt in a place of residence maintained by one or more of such 
relatives as his or their home. No person shall be eligible to receive such 
aid while receiving old age assistance. 

116:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 13, 1957.] 
[Effective date July 12, 1957.] 



CHAPTER 117. 



AN ACT PROVIDING FOR REFUND OF MOTOR VEHICLE ROAD TOLL FOR 

RETAIL DEALERS. 

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

117:1 Dealer Refund. Amend RSA 265:2 by inserting at the end 
thereof the following new paragraph : VIII. "Retail dealer" shall mean 
any person engaged in the business of making retail sales of motor fuel 
within this state; provided, that in the case of a retail dealer engaged in 
the business of making sales both at retail and at wholesale such term 
shall be applied only to the retail portion of such business. 

117:2 Refiulds Authorized. Amend RSA 265 by inserting after 
section 19 the following new section: 265:19-a. Retail Dealers. In addi- 
tion to the provisions of 265:19 any retail dealer shall be entitled to a re- 
fund for tolls paid on account of shrinkage or loss by evaporation of motor 
fuel. The procedure for such refund shall be as follows : I. The amount 
of refund shall be computed at the rate of one per cent of the toll paid on 
gross purchases. II. All applications for refunds must be made under 
penalties of perjury and shall be made semi-annually within 90 days 
after June 30th and December 31st respectively. TIL Such application 
shall be in such form as the commissioner shall prescribe and shall be 
accompanied by a statement from the distributor, supplier or wholesaler 
of the gross purchases of motor fuel made by said dealer during the six- 
month period. IV. The above conditions having been fully complied 
with the commissioner shall calculate the amount of the refund due on 
such application and shall certify such amount and the name of the per- 



1957] Chapter 118 113 

son entitled to the refund to the state treasurer. The state treasurer 
shall thereupon make such certified refund from said road tolls. 

117:3 Takes Effect. This act shall take effect as of January 1, 
1957. The first applications for refunds under the provisions hereof 
shall be made within 90 days after June 30, 1957, covering the six- 
month period from January 1 to June 30, 1957. 
[Approved May 14, 1957.] 
[Effective date January 1, 1957.] 



CHAPTER 118. 



AN ACT RELATIVE TO THE UNEMPLOYMENT COMPENSATION LAW AND 
ESTABLISHING THE DEPARTMENT OF EMPLOYMENT SECURITY. 

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

1I8;1 Repeal. RSA 282:1, N, relative to definition of "unemploy- 
ment compensation and employment service administration account," is 
hereby repealed. 

118:2 Repeal. RSA 282:2, E, relative to benefits to persons upon 
termination of service in military or naval forces of the United States, 
is hereby repealed. 

118:3 Repeal. RSA 282:2, F, relative to transition from one bene- 
fit year to the next benefit year, is hereby repealed. 

118:4 Disqualifications for Benefits. Amend RSA 282 :4, A (supp) 
as inserted by 1955, 141:9 by inserting after the word "wages" in the 
fifth line the words, in employment as defined in section 1-H, so that 
said subsection as amended shall read as follows : A. For the period of 
unemployment next ensuing after an individual has left his work volun- 
tarily without good cause in accordance with rules and regulations of 
the director. For the purposes of this section the "period of unemploy- 
ment" shall continue until the individual has earned in any one week 
wages in employment as defined in section 1-H 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 un- 
employed individual, not under a disqualification, accepts employment 
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. 

118:5 Disqualifications for Benefits. Amend RSA 282:4, E (supp) 
as inserted by 1955, 141 :9 by striking out after the word "week" in the 
seventh line of the first paragraph the words, in addition to the waiting 
period, so that said paragraph of subsection E as amended sliall read as 



114 Chapter 118 [1957 

follows: If the director finds that he has failed, without good cause, 
either to apply for available, suitable work when so directed by the em- 
ployment 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 directoi'. Such disqualification shall continue for the 
week in which such failure occurred and for the three weeks which im- 
mediately follow such week. 

118:6 Request for Information from Employer. Amend RSA 282:5, 
B, (3) (supp) as inserted by 1955, 141:10 by striking out the word 
"appeal" in the eleventh line and inserting- in place thereof the word, 
decision, so that said paragraph (3) as amended shall read as follows: 
(3) In finding the facts material to a claim, the certifying officer shall 
in every case where the reason for an individual's leaving employment 
may be material, send to the employing unit or employer for whom the 
claimant last performed services a request for information, such re- 
quest to be in accordance witli the regulations of the director. When the 
information is not returned by such employing unit or employer as re- 
quired by the regulations of the director, the certifying officer shall pro- 
ceed 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 decision, held not to be entitled 
to such benefits. 

118:7 Relief of Charges to Employer's Account. Amend RSA 
282:6, C, (2) (supp) as inserted by 1955, 141:12 by inserting at the end 
thereof the following new subparagraph (e) : (e) Benefits are paid to a 
claimant solely through error or inadvertence of the director or his 
authorized representative as provided in section 14-E of this chapter. 

118 :8 Termination of Employer's Coverage. Amend RSA 282 :7, B 
by striking out the whole of the same and inserting in place thereof the 
following: B. (1) The director may terminate an employer and perma- 
nently remove his separate account as of the time an emiployer has died, 
ceased business or removed from, the state. 

(2) Except as otherwise provided in this section, where the 
director, after such investigation as he deems necessary, finds that an 
employer during the then last completed calendar year did not satisfy 
the conditions of becoming an employer as set forth in this chapter, he 
shall terminate such employer and permanently remove such employer's 
separate account as of the first day of January of the calendar year suc- 
ceeding the year above described. 

118:9 Administrative Organization. Amend RSA 282:9, A by 
striking out the whole of the samie and inserting in place thereof the 
following : A. Department of Employment Security. There shall be a 
department of employment security under the executive direction of a 



1957] Chapter 118 115 

director. The department shall include an unemployment compensation 
bureau and an employment service bureau. 

118:10 Administrative Organization. Amend RSA 282:9, B by 
striking" out the whole of the same and inserting in place thereof the 
following: B. Director. There shall be a director of the department 
of employment security who sliall be appointed by the governor with the 
advice and consent of the council. 

118:11 Unemployment Compensation Bureau and Employment 
Service Bureau. Amend RSA 282:9, H by striking out the word "full" 
in the sixteenth line and inserting in place thereof the word, free, and by 
striking out the word "division" where it occurs therein and inserting in 
place thereof the word, department, so that said subsection as amended 
shall read as follows: H. Unemployment Compensation Bureau and 
Employment Service Bureau. Tliere shall be in the department of em- 
ployment security two co-ordinate bureaus, the employment service 
bureau and the unemployment compensation bureau, each of which shall 
be administered by a full-time salaried administrator who shall be sub- 
ject to the supervision and direction of the director of the department of 
employment security. Each bureau shall be responsible for the discharge 
of its distinctive functions. Each bureau shall be a separate administra- 
tive unit with respect to personnel, budget, and duties except so far as 
the director of the department of employment security may find such 
separation is impractical. The director of the department of employment 
security, through the employment service bureau, shall establish and 
maintain free public employment offices in such numbers and in such 
places as may be necessary for the proper administration of this chapter. 
The director of employment security may co-operate with or enter into 
agreements with the railroad retirement board with respect to the 
establishment, maintenance, and use of free employment service facili- 
ties. 

118:12 Record and Reports. Amend RSA 282:9, M (supp) as in- 
serted by 1955, 141:15 by inserting at the end thereof the following new 
paragraph: (7) Records, reports, information, and compilations, sum- 
maries or reproductions thereof, obtained pursuant to the administra- 
tion of this chapter, shall not be used in any court action or administra- 
tive hearing proceeding or investigation; except that by use of valid 
judicial process such may be used in unemployment compensation and 
workmen's compensation cases or where the case involves an employer- 
employee relationship or where the director of the division of employ- 
ment security or the state of New Hampsliire is a party. 

118:13 Advisory Council. Amend RSA 282:9, R (supp) as 
amended by 1955, 77:2 by inserting at the end thereof the following new 
paragraph: In the event that a member of the advisory council is un- 
able to attend any called meeting the director may appoint a substitute 



116 Chapter 118 [1957 

who shall for such meeting assume in all respects the position of the 
absent member. 

118:14 Adjustments and Refunds. Amend RSA 282:12, H (supp) 
as inserted by 1955, 141:8 by inserting the following sentence at the end 
of said subsection: It being further provided that the amount to be 
refunded or adjusted shall be reduced by the amount of unemployment 
compensation benefits which would not have been paid except for the 
erroneously reported employment and wages, so that said subsection as 
amended shall read as follows : H. 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 con- 
tribution or interest thereon, shall make application for an adjustment 
thereof in connection with subsequent contribution payments, or for a 
refund thereof because such adjustment cannot be made, and the 
director shall determine that such contributions or interest or any por- 
tion thereof was erroneously collected, the director shall allow such em- 
ploying unit or employer to make an adjustment thereof, without inter- 
est, 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, unless such payments are to be re- 
funded from the contingent fund as provided in section 10-C. The 
director, on his own initiative, may, in any case, for like cause and with- 
in 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 construed to authorize any 
refund or credit of monies due and payable under the law and regula- 
tions in effect at the time such monies were paid. It being further pro- 
vided that the amount to be refunded or adjusted shall be reduced by 
the amount of unemployment compensation benefits which would not 
have been paid except for the erroneously reported employment and 
wages. 

118:15 No Assignment or Attachment of Benefits. Amend RSA 
282:13, C by inserting after the word "debt" in the fifth line the words, 
or taxes, so that said subsection as amended shall read as follows : C. 
No Assignment or Attachment of Benefits. Any assignment, pledge, or 
encumbrance of any right to benefits which are or may become due or 
payable under this chapter shall be void ; and such rights to benefits 
shall be exempt from levy, execution, attachment, or any other remedy 
whatsoever provided for the collection of debt or taxes ; and benefits re- 
ceived by any individual, so long as they are not mingled with other 
funds of the recipient, shall be exempt from any remedy whatsoever 
for the collection of all debts except debts incurred for necessaries 
furnished to such individual or his spouse or dependents during the time 



1957] Chapter 119 117 

when such individual was unemployed. Any waiver of any exemption 
provided for in this subsection shall be void. 

118:16 Discrimination. Amend RSA 282:13 by inserting after 
subsection C the following new subsection: D. Prohibition against 
Discrimination. No person shall discriminate in any way against an- 
other person because of his appearance or intended appearance as a wit- 
ness or party, or for giving or furnishing information in connection with 
any proceeding under this chapter or an appeal therefrom. Any person 
who violates any provision of this subsection shall be subject to the 
penalties provided in section 14 of this chapter. 

118:17 Representation in Court. Amend RSA 282:15, B by strik- 
ing out the whole of the same and inserting in place thereof the follow- 
ing: B. All criminal actions for violation of any provision of this 
chapter, or of any rule or regulation issued pursuant thereto, shall be 
prosecuted by the attorney general of the state or, at his request and 
under his direction, by counsel for the department of employment 
security in any county in which the employer has or had a place of busi- 
ness or the violator resides. 

118:18 Application of Statutes. Wherever in the statutes the 
words "division of employment security" are used they shall be construed 
to mean the department of employment security hereinabove designated. 
All functions, powers and duties heretofore conferred on the division of 
employment security with the department of labor are hereby trans- 
ferred to the department of employment security. 

118:19 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 14, 1957.] 
[Effective date July 13, 1957.] 



CHAPTER 119. 

AN ACT PROVIDING FOR A SUPPLEMENTAL APPROPRIATION FOR EXPENSES 

OF THE LEGISLATURE. 

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

119:1 Additional Appropriation. The sum of one hundred and 
twenty-five thousand dollars is hereby appropriated for the fiscal year 
ending June 30, 1957 for expenses of the legislature. This appropriation 
shall be in addition to any other sums appropriated for the legislature, 
shall not lapse and shall not be transferred to any other department, in- 
stitution or account. The sum hereby appropriated shall be a charge on 
the general funds. 

119:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 14, 1957.] 
[Effective date May 14, 1957.] 



118 Chapter 120 [1957 

CHAPTER 120. 

AN ACT RELATIVE TO INCREASING THE BORROWING CAPACITY BY 

SCHOOL DISTRICTS. 

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

120:1 School Districts ; Borrowing. Amend RSA 33:4-a (supp) as 
inserted by 1955, 329:1 by striking out the word and figure "three (3)" 
where it occurs in the sixth and seventeenth hnes and inserting in place 
thereof the word and figure, four (4) ; and by striking out the words and 
figures "four and fifty hundredths (4.50)" where they occur in the ninth 
and twenty-first hnes and inserting in place thereof the word and figure, 
six (6) so that said section as amended shall read as follows: 33:4-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 out- 
standing, exceeding four (4) per cent of said valuation, except with 
approval of the board of investigation hereinafter provided for, such 
debt limitation may be increased to an amount not exceeding six (6) 
per 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 pur- 
poses 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 four (4) per cent of their valuation 
determined as hereinafter provided except that in cases where it shall 
appear to the board of investigation hereinafter provided for, that such 
action is necessary or desirable indebtedness may be incurred to an 
amount not to exceed six (6) per cent of their valuation determined as 
hereinafter provided, (d) Village districts shall not incur net indebted- 
ness to an amount, at any one time outstanding, exceeding one (1) per 
cent of their valuation, computed as hereinafter provided. 

120:2 Special Provisions for the City of Manchester. The city of 
Manchester shall not incur net indebtedness for all municipal purposes, 
including school purposes, to an amount at any one time outstanding ex- 
ceeding 8.75% of its valuation determined as hereinafter provided. Said 
city of Manchester is hereby authorized to apportion its debt between 
school and other municipal purposes in any manner and to any degree, 
except that the city may not incur net indebtedness for school purposes 



1957] Chapter 120 119 

to an amount ai any one time outstanding, exceeding four (4) per cent 
of its said valuation, except with the approval of the board of investi- 
gation hereinafter provided for which may increase the school debt to 
an amount not exceeding six (6) per cent. The foregoing debt limitations 
for the city of Manchester shall be exclusive of unmatured tax antici- 
pation 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 dis- 
posal works when the cost thereof is to be financed by sewer rent or 
sewer assessments, debts incurred persuant to section 10 of chapter 31 
of the Revised Statutes Annotated, 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 legis- 
lation), sinking funds and cash applicable solely to the payment of the 
principal of debts incurred within the debt limit and indebtedness pay- 
able from parking meter revenue. 

120:3 Repeal. Chapter 430 of the Laws of 1955, relative to debt 
limitations for the city of Manchester, is hereby repealed. 

120:4 Increase Authorized. Amend RSA 33:4-b (supp) as in- 
serted by 1955, 329:1 by striking out the words and figure "seven and 
twenty-five hundredths (7.25)" in the eighth and ninth lines and insert- 
ing in place thereof the words and figure, eight and seventy-five hun- 
dredths (8.75), so that said section as amended shall read as follows: 
33:4-b Debt Limit; Computation, (a) The debt limitation hereinbe- 
fore prescribed, except for counties, shall be based upon the applicable 
last locally assessed valuation of the municipality as last equalized by 
the tax commission, (b) Whenever 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 indebtedness of 
such municipal corporations shall not exceed eight and seventy-five 
hundredths (8.75) per cent of the valuation of the taxable property as 
hereinbefore determined, (c) A written certificate of the tax commis- 
sion, signed by any member thereof, shall be conclusive evidence of the 
base valuation of municipalities for computing debt limits hereunder. 

120:5 Debt Limit. Amend RSA 33:4-c (supp) as inserted by 
1955, 329:2 by striking out the whole thereof and inserting in place 
thereof the following: 33:4-c. Exceeding Debt Limit. A school dis- 
trict or city may vote to issue bonds or notes for school purposes in ex- 
cess of four (4) per cent but not in excess of six (6) per cent of its 
valuation determined under the provisions of sections 33:4-a and 33:4-b, 
and a certified copy of the record of such action shall forthwith be filed 
with the commissioner of education. 



120 Chapter 121 [1957 

120:6 Board of Investigation. Amend RSA 33:4-g (supp) as in- 
serted by 1955, 329:2 by striking out the word and figure three (3)" 
and inserting in place thereof the word and figure, four (4), so that said 
section as amended shall read as follows : 33 :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 chair- 
man 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 four (4) per cent limitation. If the board finds the 
proposal is inexpedient it shall submit its disapproval forthwith in writ- 
ing 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. 

120:7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 14, 1957.] 
[Effective date July 13, 1957.] 



CHAPTER 121. 

AN ACT TO CREATE A BOARD OF EXAMINERS OF PSYCHOLOGISTS AND TO 
CERTIFY PSYCHOLOGISTS. 

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

121 :1 New Chapter. Amend RSA by inserting after chapter 330 
the following new chapter : 

Chapter 330-A 
Psychologists 

330-A :1 Definitions. As used in this chapter: 

"Board" means the State Board of Examiners of Psychologists. 
A person represents himself to be a "psychologist" when he holds him- 
self out to the public by any title or description of services incorporat- 
ing the words "psychological," "psychologist" "or psychology," and un- 
der such title or description offers to render or renders services to in- 
dividuals, corporations, or the public for remuneration, 

330-A :2 Qualifications for Psychologists. After July 1, 1959, no 
individual shall represent himself as a psychologist within the meaning 
of this chapter other than those certified and registered under the pro- 
visions of this chapter. 



1957] Chapter 121 121 

330- A ;3 Board; Appointments; Terms. There shall be a board 
of examiners of psycholog-ists consisting- of three members who shall 
be appointed by the governor, with the advice and consent of the council, 
and whose function it shall be to examine applicants for certificate as 
psycholog-ists. The term of office of each member of the board shall be 
for three years provided, however, that of the members first appointed, 
one shall be appointed for a term of one year, one for a term of two 
years, and one for a term of three years. Each member shall hold office 
until the expiration of the term for which such member is appointed or 
until a successor is duly appointed. 

330-A:4 Qualifications. Each member of the board shall be a 
citizen of the United States, a resident of this state and certified under 
the provisions of this chapter, except for the members comprising the 
board as first appointed who shall be persons who have been engaged in 
rendering service, teaching, or research in psychology for a period of 
at least five years. The board shall at all times be representative of the 
diverse fields of psychology. 

330-A:5 Compensation: Expenses. Members of the board shall 
serve without compensation but shall be reimbursed for all actual 
traveling, incidental and clerical expenses necessarily incurred in carry- 
ing out the provisions of this chapter. 

330- A :6 Removal of Members; Vacancies. The governor and 
council may remove any member of the board for misconduct, incompe- 
tency, neglect of duty, or other sufficient cause after the member has 
been given a written statement of the charges and an opportunity to be 
heard thereon. Any vacancy in the membership of the board occurring 
otherwise than by expiration of term shall be filled for the unexpired 
term. 

330-A:7 Organization and Meetings. The board shall liold a 
regular annual meeting at which it shall select from its members a 
chairman and a secretary. Other meetings shall be held at such times 
and upon such notice as the rules of the board may provide. Two mem- 
bers shall constitute a quorum. 

330-A:8 Powers and Duties. The board shall have the power to 
adopt and amend all rules of procedure, not inconsistent with the con- 
stitution and laws of this state, which reasonably may be necessary for 
the proper performance of its duties and regulation of the proceedings 
before it. 

330-A:9 Receipts and Disbursements. The secretary of the 
board shall receive and account for all moneys derived under the pro- 
visions of this chapter, and shall pay the same to the state treasurer 



122 Chapter 121 [1957 

who shall keep such moneys in a separate fund to be known as the 
Registered Psychologists Fund. All moneys in the fund are hereby 
specifically appropriated for the use of the boai'd. Under no circum- 
stances shall the total amount of payments made under section 5 hereof 
exceed the amount of fees collected hereurider. 

330-A:10 Records and Reports. The board shall keep a record 
of its proceedings and a register of all applications for certificate, wliich 
record shall show such information relative to the applicant and his 
certification or rejection as the rules of the board may prescribe. Bien- 
nially, as of October first, the board shall submit to the governor a re- 
port of the transactions of the preceding biennium, and also shall trans- 
mit to him a complete statement of the receipts and expenditures of the 
board. 

330-A:ll Qualifications; Standards; Examinations. 

I. The board shall issue a certificate as psychologist to any 
person who pays a fee of twenty-five dollars, who passes a satisfactory 
examination in psychology and who submits evidence satisfactory to the 
board that he: (a) is of good moral character, (b) is a citizen of the 
United States or has legally declared liis intention of becoming such a 
citizen, (c) has received the doctoral degree based on a program of 
studies whose content was primarily psychological from an accredited 
educational institution having a graduate program or its substantial 
equivalent in both subject matter and extent of training, (d) has had 
at least two years of satisfactory, supervised experience in the field of 
psychology. 

II. Examinations for applicants under this act shall be held 
by the board once each year. The board shall determine the subject and 
scope of the examinations, which may be written, oral or both. If an 
application fails his first examination, he may be admitted to a subse- 
quent examination upon the payment for an additional fee of twenty- 
five dollars. 

III. Until July 1, 1959, the board may waive the examination 
requirement and the requirement of subsection I (d) and (e) of this 
section, and may grant a certificate upon payment of a fee of twenty- 
five dollars to a person who is a legal resident or has been principally 
employed in the state of Nev>^ Hampshire for at least two years and meets 
the requirement of subsections I (a), (b) and (c) of this section and 
who either: 



1957] Chapter 121 123 

(a) has a doctoral degree or the equivalent thereof from an 
accredited institution based on a program which was primarily psycholo- 
gical, or the substantial equivalent thereof in both subject matter and 
extent of training, and in addition, has had five years of professional 
experience satisfactory to the board; or 

(b) has a master's degree or the equivalent thereof from an 
accredited institution based on a program which was primarily psycholo- 
gical, or the substantial equivalent thereof in both subject matter and 
extent of training, and in addition, has had eight years of professional 
experience satisfactory to the board. 

330-A:12 Temporary Certificate. The board may issue a 
temporary certificate as psychologist to any person who otherwise 
qualified hereunder until such time as the next annual examinations are 
given. 

330-A:13 Certificate without Examination. The board may 
grant a certificate without examination to any person who meets the 
other requirements of this chapter and who, at the time of application 
is certified by a board of examiners of another state, provided that the 
requirements of such a state for such certification were substantially 
the equivalent of the requirements of this chapter. 

330-A:14 Revocation or Suspension of Certificate. The certifi- 
cate of any psychologist may be suspended or revoked by the board upon 
proof that the psychologist: (a) has been convicted of a felony by any 
court; or (b) has been guilty of fraud or deceit in connection with his 
services rendered as a psychologist or in establishing his qualifications 
under this act; or (c) is or has been an habitual drunkard or addicted to 
the use of morphine, opium, cocaine or other drugs having a similar 
effect; or (d) is or has been committed to an institution for the mentally 
ill; or (e) has aided or abetted a person, not a registered psychologist, in 
representing himself as a psycliologist in this state; or (f) has been 
guilty of unprofessional conduct as a phychologist. 

330-A:15 Notice and Hearing. No certificate shall be suspended 
or revoked until after a hearing had before the board upon written 
notice to the psychologist of at least ten days. The notice shall be served 
personally or by registered mail and shall state the date and place of the 
hearing and set forth the ground or grounds constituting the charges 
against the psychologist. Tlie psychologist shall be heard in his defense 
either in person or by counsel and may produce witnesses and testify in 



124 Chapter 121 [1957 

his behalf. A stenographic record of the liearing shall be taken and pre- 
served. The hearing may be adjourned from time to time. 

330-A:16 Persons Excepted. Nothing in this chapter shall be 
construed to limit : 

I. The activities, services and use of official title on the part 
of a person in the employ of a federal, state, county or municipal agency, 
or other political subdivision, or a duly chartered educational institution, 
insofar as such activities and services are a part of the duties in his 
salaried position. 

II. The activities and services of a student, interne, or resi- 
dent in psychology, pursuing- a course of study approved by the training 
institution as qualifying training and experience under the terms of this 
chapter, provided that such activities and services constitute a part of 
his supervised course of study. 

330-A:17 Expirations and Renewals. Certificates of registra- 
tion shall expire each year on June 80 and shall become invalid on that 
date unless renewed. It shall be duty of the secretary of the board to 
notify every person registered under this act of the date of the expira- 
tion of his certificate and the amount of the fee that shall be required 
for its renewal for one year; such notice shall be mailed at least one 
month in advance of the date of expiration of such certificate. Renewal 
may be effected by the payment of a fee of five dollars. 

330-A:18 Practice of Medicine Unauthorized. Nothing herein 
shall authorize any person to eng-age in any manner in the practice of 
medicine as defined in the laws of this state. 

330-A:19 Privileged Communications. The confidential rela- 
tions and communications between a psychologist certified under pro- 
visions of this chapter and his client are placed on the same basis as 
those provided by law between attorney and client, and nothing in this 
chapter shall be construed to require any such privileged communi- 
cations to be disclosed. 

330-A:20 Disposition of Fees, Fines and Penalties. All fees, 
fines, penalties and other moneys derived from the operation of this 
chapter shall be paid to the board to be used for the payment of ex- 
penses as specified in section 5 hereof. 

330-A:21 Violations. Except as hereinbefore provided in this 
chapter after July 1, 1959 any person not a certified psychologist who 
shall represent himself as a psychologist, as defined in this chapter, or 
shall violate any of the provisions of this chapter relating to psychology, 
or having had his certificate suspended or revoked shall continue to rep- 
resent himself as a psychologist, shall be guilty of a misdemeanor and. 



1957] Chapter 122 125 

upon conviction, shall be punishable by imprisonment for not more than 
six months or a fine of not more than five hundred dollars, or both, and 
each violation shall be deemed a separate ofi'ense. 

121:2 Appropriation. There is hereby appropriated the sum of 
two hundred dollars to be expended by the board for necessary expenses 
in connection with this act. The governor is authorized to draw his war- 
rant for the sum hereby appropriated out of any money in the treasury 
not otherwise appropriated. The general funds of the state shall be re- 
imbursed for amounts expended under this section from, funds received 
for fees by the state board of psychologists. 

121 :3 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved May 16, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 122. 

AN ACT RELATING TO PARI-MUTUEL POOLS. 

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

122:1 Horse Racing. Amend RSA 284:22 (supp) as amended by 
1955, 74:1 by striking out said section and inserting in place thereof the 
following: 284:22 Pari-Mutuel Pools. Within the enclosure of any 
race track where is held a race or race meet licensed and conducted under 
this chapter, but not elsewhere, the sale of pari-mutuel pools by the 
licensee under such regulations as may be prescribed by said commission 
is hereby permitted and authorized during the calendar years 1941-1966, 
inclusive. 

I. Commissions on such pools at tracks or race meets conduct- 
ing a running horse race or running horse meet shall be uniform 
throughout the state at the rate of fourteen per cent of each dollar 
wagered plus the odd cents of all redistribution 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 maxi- 
mum shall include the seven per cent tax hereinafter prescribed. 

II. Commissions on such pools at tracks or race meets conduct- 
ing a harness horse race or harness horse meet, including tracks or race 
meets for harness racing conducted by agricultural fairs, shall be uni- 
form throughout the state at the rate of seventeen per cent of each 
dollar wagered plus the odd cents of all redistribution to be based upon 
each dollar wagered, exceeding a sum equal to the next lowest multiple 



126 Chapter 122 [1957 

of ten, known as "breakage," one-half of which breakage shall be re- 
tained 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 five and one-half per cent tax herein- 
after prescribed. 

III. For the purposes set forth in this section, an "agricultural 
fair" shall be deemed to be such an association as does provide for and 
pay premiums of five thousand dollars or more, annually, as is de- 
termined by the commissioner of agriculture, in accordance with section 
25 of this chapter. 

122:2 Distribution of Tax. Amend RSA 284:23 (supp) as 
amended by 1955, 74:2 by striking out said section and inserting in 
place thereof the following: 284:23 Tax. I. Each person, associ- 
ation or corporation licensed to conduct a running horse race or running- 
horse meet under this chapter shall pay to the state treasurer a sum 
equal to seven per cent of the total contributions to all pari-mutuel pools 
conducted or made at any running horse race or running horse meet 
licensed hereunder. Of the amount so paid to the state treasurer a sum 
equal to six and three-fourths per cent of said total contributions shall be 
distributed in accordance with the provisions of section 2 of this chapter 
and a sum equal to one-fourth 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. 

II. Each person, association or corporation licensed to conduct 
a harness horse race or a harness horse race meet under this chapter 
shall pay to the state treasurer a sum equal to five and one-half per cent 
of so much of the total contributions to all pari-mutuel pools conducted 
or made at any harness horse race or harness horse race meet licensed 
hereunder as does not exceed four hundred thousand rlollars, six and 
three-fourths per cent of so much thereof as exceeds four hundred thou- 
sand dollars but does not exceed four hundred and fifty thousand 
dollars, seven and one-fourth per cent of so much thereof as exceeds 
four hundred fifty thousand dollars but does not exceed five hundred 
thousand dollars, seven and three-fourths per cent of so much thereof 
as exceeds five hundred thousand dollars but does not exceed five hun- 
dred fifty thousand dollars, eight and one-fourth per cent of so much 
thereof as exceeds five hundred fifty thousand dollars but does not ex- 
ceed six hundred thousand dollars, eight and three-fourths per cent of 
so much thereof as exceeds six hundred thousand dollars but does not 
exceed six hundred fifty thousand dollars, and nine and one-half per cent 
of all over six hundred fifty thousand dollars. Of the amount so paid to 
the state treasurer a sum equal to one-fourth of one per cent shall be 
expended for the promotion of agriculture in the state under the 
direction of the commissioner of agriculture and the balance shall be 
distributed in accordance with the provisions of section 2 of this chapter. 



1957] Chapter 122 127 

III. The term "the total contributions to all pari-mutuel pools" 
as used in paragraph II shall be construed to mean the total of such 
contributions for one day. 

IV. Each person, 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 corpo- 
ration 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 eight days or less, the said per diem fee shall be determined by the 
commission. 

122:3 Distribution of Funds. Amend RSA 284:2 by striking out 
said section and inserting in place thereof the following: 

284:2 Racing Fund. The state treasurer shall keep two separate 
accounts as follows: 

(1) the running horse race fund to whicli shall be credited the 
tax on contributions to pari-mutuel pools as provided for in this chapter 
in connection with running horse races or meets, together with all fines, 
fees and forfeitures levied or obtained under the rules and regulations 
as established by the commission. Said fund shall, after paying the ex- 
penses of collection thereof and all other expenditures provided for 
herein, be covered at intervals of three months into the general funds of 
the state; 

(2) the harness race fund to which shall be credited the tax on 
contributions to pari-mutuel pools as provided for in this chapter in 
connection with harness races or meets, together with all fines, fees and 
forfeitures levied or obtained under the rules and regulations as estab- 
lished by the commission for said type of racing. The funds in the 
harness race fund, after paying the expenses of collection thereof and 
all other expenditures provided for herein, shall be held in the state 
treasury as a sinking fund as provided in RSA 6 :24-a. 

122:4 Special Fund. Amend RSA 6 by inserting after section 24 
the following new section: 6:24-a. Sinking Fund. The state treas- 
urer shall keep in a sparate so-called sinking fund all receipts from the 
harness race fund as provided in RSA 284:2 and said fund shall be 
allowed to accumulate and no expenditure shall be made therefrom until 
otherwise ordered by the general court of 1959 or thereafter. 

122:5 Takes Effect. Notwithstanding any other provision of law 
this act shall take effect upon its passage. 
[Approved May 16, 1957.] 
[Effective date May 16, 1957.] 



128 Chapters 123, 124 [1957 

CHAPTER 123. 

AN ACT RELATING TO FEES OF SHERIFFS AND DEPUTY SHERIFFS. 

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

123 :1 Sheriffs and Deputies. Amend RSA 104 :31, VII by striking 
out the word "ten" in the second, third and fifth lines and inserting in 
place thereof the word "fifteen" so that said section as amended shall 
read as follows: 

VII. For each day of any session of the superior court, the sheriff 
shall receive fifteen dollars a day; for each day's actual attendance of 
the superior court by order thereof, each deputy shall receive fifteen 
dollars a day; for each day's actual attendance at supreme court by 
order thereof, the sheriff and each deputy, fifteen dollars a day ; in addi- 
tion, the sheriff and each deputy, travelling expense to attend any court ; 
said fees and expenses to be audited and allowed by the court, to be paid 
out of the county treasury. For attending before a justice or municipal 
court, on trials where his presence is required, each day, three dollars. 

123 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 16, 1957.] 
[Effective date May 16, 1957.] 



CHAPTER 124. 



AN ACT RELATING TO AGE OF COMMITTAL TO THE STATE 
INDUSTRIAL SCHOOL. 

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

124:1 Limitation. Amend RSA 169 by inserting after section 30 
the following new section: 169:31 Committal of Children Under 

Eleven. Notwithstanding any other provision of law children under the 
age of eleven years shall not be committed to the industrial school unless 
and until the court has referred the matter to and received the recom- 
mendation of an appropriate public or private agency as provided in RSA 
461 :2, as amended, or probation officer that there is no other public or 
private home or institution suitable for such commitment. 

124:2 Discharge. Any child under the age of eleven years who is 
in the industrial school at the time when this act takes effect shall be 
eligible for transfer upon petition of the trustees on or before October 1, 
1957, to the committing court in accordance with the preceding section. 

124:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 17, 1957.] 
[Effective date July 16, 1957.] 



1957] 



Chapter 125 



129 



CHAPTER 125. 

AN ACT RELATIVE TO THE SALARIES OF THE JUSTICE AND SPECIAL JUSTICE 

OF Hampton municipal court. 

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

125:1 Hampton Municipal Court. Amend paragraph I of RSA 
502:7 (supp) as amended by 1955, 133:1; 182:1; 279:1; 296:1; 1957, 
66:1; 83:1 and an act relative to the salary of the justice of Portsmouth 
municipal court passed at the 1957 session, by inserting after the words 
"In Littleton, eight hundred dollars" the words. In Hampton, one thou- 
sand dollars, so that said paragraph 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 : 

[n Manchester, four thousand six hundred dollars; 

[n Nashua, three thousand dollars; 

[n Concord, three thousand five hundred dollars; 

[n Portsmouth, three thousand 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 Hampton, one thousand dollars; 

[n Milford, six hundred dollars; 

[n Haverhill, eight hundred dollars; 

[n Salem, one thousand dollars. 
125:2 Special Justice. Amend RSA 502:8 (supp) as amended by 
1955, 253:1, by striking out the words "one hundred" in the tenth line 
and inserting in place thereof the words, three hundred, so that said 
section as amended shall read as follows: 502:8 Compensation of 
Special Justices. The special justice and justice of the 73eace requested 
to sit owing to the disqualifications of the justice and special justice 
shall be paid, from the treasury of the city or tov/n 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 



130 Chapter 126 [1957 

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 Hampton three hun- 
dred 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. 

125:3 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved May 17, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 126. 



AN ACT RELATIVE TO BORROV^ING CAPACITY FOR COOPERATIVE 
SCHOOL DISTRICTS. 

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

126:1 Cooperative School Districts. Amend paragraph II of RSA 
195:6 (supp) as amended by 1955, 334-5 by striking out the word "six" 
in the sixth line and inserting in place tliereof the word, nine, so that 
said paragraph as amended shall read as follows: II. Each coopera- 
tive school district shall have the power to borrow money and issue its 
notes or bonds in conformity with the provisions of RSA chapter 33, 
provided, however, when it shall appear to the board of investigation as 
established in the municipal finance act, RSA chapter 33, that such 
action is necessary or desirable, indebtedness may be incurred to an 
amount not to exceed nine per cent of their assessed valuation as last 
equalized by the state tax commission. 

126:2 Borrowing Capacity. Amend paragraph III of RSA 195:6 
(supp) as amended by 1955, 334:5 by striking out the word "six" where 
it occurs in the eighteenth and twenty-second lines and inserting in place 
thereof the word, nine, so that said paragraph as amended shall read as 
follows: 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 pre- 
viously. The cooperative school district shall assume only those out- 
standing 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 



1957] Chapter 127 131 

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 dis- 
trict 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, RSA chapter 33, upon application properly 
made to it, that an elementary or a secondary cooperative school dis- 
trict incur indebtedness greater than the aforesaid one and one-half per 
cent or three per cent, as the case may be. such elementary school dis- 
trict or secondary school cooperative district may incur such indebted- 
ness, as may be authorized by said board of investigation, but not in 
excess of nine 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 nine per cent of 
the value of such taxable property. 

126:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 17, 1957.] 
[Effective date July 16, 1957.] 



CHAPTER 127. 



an act relative to the designation of a class i highway in 

Walpole. 

Whereas, there is a gap in the Class I highway known as route 12 
between the Vilas bridge, so called, and the Steel Arch bridge, so called, 
in North Walpole, and 

Whereas, it is in the public interest that this highway be connected 
as a part of the Class I system, now therefore 

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

127:1 Proposed Class I Highway. A proposed Class I highway is 
hereby designated to connect route 12 in Walpole from a point southerly 
of the Vilas bridge, so called, to a point northerly of the Steel Arch 
bridge, so called. 

127:2 Temporary By-Pass. The town road from the Vilas bridge 
to the Steel Arch bridge shall be numbered By-Pass Route 12 and shall 
be maintained by the department of public works and highways until 
the proposed Class I highway is constructed and opened to traffic. 

127:3 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved May 17, 1957.] 
[Effective date July 1, 1957.] 



132 Chapter 128 [1957 

CHAPTER 128. 

AN ACT ADOPTING AN INTERPLEADER COMPACT. 

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

128:1 Interpleader Compact. Amend RSA by inserting after 
chapter 5 the following new chapter : 

Chapter 5-A 
Interpleader Compact 
5-A:l Adoption of Compact. The following interpleader com- 
pact is hereby approved, ratified, adopted and entered into by this state 
as a party state to take effect between this state and any other state or 
states as defined in said compact when entered into in accordance with 
the terms of said compact by said other state or states and not dis- 
approved by the governor of this state under paragraph (c) of article 
seven of such compact : 

Interpleader Compact 

The contracting states solemnly agree: 

Article 1. Purpose. The aims of this compact are to promote 
comity and judicial cooperation among the states party thereto; and to 
relieve from undue risk and uncertainty, a person who may be subject to 
double or multiple liability because of the existence of adverse claimants, 
one or more of whom in the absence of this compact may not be sub- 
ject to the jurisdiction of the adjudicating court, when such person 
makes all reasonable efforts to secure judicial determination and dis- 
charge of his liability. 

Article 2. Definitions. For the purpose of this compact the 
following definitions shall apply : 

(a) A state shall mean (1) a state of the United States or 
any territory or possession of the United States and the District of 
Columbia acting under Article 1, section 10, clause 3, of the Consti- 
tution of the United States in entering this compact with an American 
or a foreign jurisdiction, or (2) a state of the community of nations and 
any component governmental unit of such a state which under the laws 
thereof may validly become party to this compact. 

(b) A person shall include any entity capable of suing or be- 
ing sued in the state in which the interpleader is pending. 

(c) Interpleader shall mean a judicial procedure by which two 
or more persons who have adverse claims against a third person may be 
required to litigate these claims in one proceeding. 

Article 3. Service of process, (a) Service of process sufficient 
to acquire personal jurisdiction may be made within a state party to this 
compact, by a person who institutes an interpleader proceeding or inter- 



1957] Chapter 128 133 

pleader part of a proceeding in another state, party to this compact, pro- 
vided that such service shall fulfill the requirements for service of 
process of the state in which the service is made and provided further 
that such service shall meet the minimum standards for service of the 
jurisdiction where the proceeding is pending. 

(b) No such service of process shall be valid unless either; 
(1) the subject matter of the proceeding is specific real property or 
tangible personal property situated within the state in which the pro- 
ceeding is pending; or (2) one or more of the claimants shall be either 
a permanent resident or domiciliary of the state in which the proceeding 
is pending; or (3) a significant portion of the transaction out of which 
the proceeding shall have arisen shall have taken place in the state in 
which the proceeding is pending; or (4) one of the claimants shall have 
initiated the action. 

Article 4. Scope of interpleader unaffected. Nothing in this 
compact shall be construed to change any requirement or limitation on 
the scope of interpleader of the state in which the interpleader proceed- 
ing is pending except in relation to acquisition of personal jurisdiction. 

Article 5. Finality of judgment. No judgment obtained 
against any person in any proceeding to which he had become a party 
by reason of service of process effected pursuant to the provisions of 
this compact shall be subject to attack on the ground that the adjudicat- 
ing court did not have personal jurisdiction over such person. 

Article 6. Enactment, (a) This compact shall enter into 
force and effect as to a state one year from the date it has taken what- 
ever action may be necessary pursuant to its required processes to make 
this compact part of the laws of such state and the appropriate author- 
ity of such state shall have deposited a duly authenticated copy of its 
statute, proclamation, order, or similar official pronouncement having 
the force of law and embodying this compact as law with the appropriate 
officer or agency of each of the states party thereto. In the statute, 
proclamation, order, or similar act by which a state adopts this compact, 
it shall specify the officer or agency with whom the documents referred 
to in this article shall be deposited. 

(b) Unless the statute, proclamation, order, or similar act by 
which a state adopts this compact shall specify otherwise, and name the 
states with which the state intents to compact, such adoption shall apply 
to all other states than party to or who may subsequently become party to 
this compact. In the event that a state shall enter this compact with 
some states but not with others, the deposit of documents required by 
paragi'aph (a) of this article shall be effected only with those states to 
which the adopting state specifies an intention to be bound. 

Article 7. Withdrawal, (a) This compact shall continue in force 
and remain binding on a party state until such state shall withdraw 



134 Chapter 128 [1957 

therefrom. To be valid and effective, any withdrawal must be preceded 
by a formal notice in writing- of one year from the appropriate authority 
of that state. Such notice shall be communicated to the same officer or 
agency in each party state with which the notice of adoption was de- 
posited pursuant to article six of this compact. In the event that a state 
wishes to withdraw with respect to one or more states, but wishes to re- 
main a party to this compact with other states party thereto, its notice 
of withdrawal shall be communicated only to those states with respect to 
which withdrawal is contemplated, 

(b) Withdrawal shall not be effective as to service of process 
accomplished pursuant to this compact prior to the actual date of with- 
drawal, 

(c) Any state receiving" a notice of adoption from another 
state may by action of its executive head within a year from the receipt 
of such notice in the manner provided for withdrawal in paragraph (a) 
of this article specify its intention not to be bound to the state deposit- 
ing such notice and such adoption thereupon shall not be binding upon 
the state so acting. 

Article 8. Severability and construction. The provisions of this 
compact shall be severable and if any phrase, clause, sentence or pro- 
vision of this compact is declared to be contrary to the constitution of 
any participating state, or in the case of a component governmental 
unit, CO the constitution of the state of which it is a part, or the appli- 
cability 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, agencj^ person or circumstance 
shall not be effected thereby ; provided that if this compact shall be held 
invalid or contrary to the constitution of any government participating 
therein the compact shall remain in full force and effect as to the re- 
maining governments and in full force and effect as to the government 
affected as to all severable matters. It is the intent that the provisions 
of this compact shall be reasonably and liberally construed, 

5-A:2 Secretary of State. The secretary of state is hereby 
designated as the officer to receive all documents deposited pursuant to 
articles six and seven of the interpleader compact. The secretary of state 
is also directed hereby to act as the repository for all such documents 
and to keep and make available upon request a complete list of the states 
with which this party is party to the interpleader compact, together with 
such other information as may be in his possession concerning the status 
of such compact in respect to enactment and withdrawals therefrom, 

5-A:3 Withdrawal Action. As used in paragraph (c) of article 
seven of the interpleader compact, the phrase "executive head" shall 
mean the governor of this state. In the event that the governor shall 
take any action pursuant to paragraph (c) of article seven of such inter- 



1957] Chapter 129 135 

pleader compact, he shall promptly notify the secretary of state and 
shall deposit with him copies of any and all official communication and 
documents relating to such action. The governor shall take appropriate 
action pursuant to paragraph (c) of article seven of the interpleader 
compact so as not to become party thereto with any state not recog- 
nized by the United States of America or with any state the features 
of whose legal system make the equitable operation of said compact im- 
practical. 

128:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 17, 1957.] 
[Effective date July 16, 1957.] 



CHAPTER 129. 

AN ACT RELATIVE TO EMPLOYMENT OF AN EXTRA COURT STENOGRAPHER. 

Be it enacted by the SeTiate and House of Representatives in Ge^ieral 
Court convened: 

129:1 Court Stenographers. Amend RSA 519:26 (supp) as 
amended by 1955, 271:1, by striking out the word "seven" in the second 
line and inserting in place thereof the word, eight, so that said section as 
amended shall read as follows: 519:26 Appointment. The superior 
court, acting as a body, may appoint not more than eight official state 
court stenographers who shall report the proceedings of the superior 
court of any county to which they may from time to time be assigned by 
said court. Each court stenographer shall be sworn to the faithful dis- 
charge 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 and other proceedings in the trial of 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 30. 

129:2 Takes Effect. This act shall take effect on its passage. 
[Approved May 17, 1957.] 
[Effective date May 17, 1957.] 



136 Chapters 130, 131 [1957 

CHAPTER 130. 

AN ACT PROVIDING FOR THE CLASSIFICATION OF BEAVER BROOK 

WATERSHED. 

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

130:1 Classification. On and after the effective date of this act 
the following surface waters shall be classified in accordance with pro- 
visions of chapter 149, RSA : 

I. Beaver Brook from its source at Beaver Lake, in the town of 
Derry, county of Rockingham, to the Derry sewer outfall in Beaver 
Brook (located about 400 feet downstream from the Derry Water Works 
well field), Class B-1. 

II. Shields and Home Brooks and their tributaries, in the towns 
of Derry and Londonderry, in the county of Rockingham, from their 
sources at Shields Ponds to the confluence of Home Brook with Beaver 
Brook, Class B-1. 

III. Beaver Brook from the dam at the outlet of Goss (Kendall) 
Pond, in the town of Londonderry, county of Rockingham, to the Massa- 
chusetts-New Hampshire state line. Class B-1. 

IV. All tributaries which are a part of the Beaver Brook and 
Shields-Home Brook systems and all tributaries to the lakes and ponds 
in the Beaver Brook watershed, in the towns of Chester, Auburn, Derry, 
Londonderry, Windham and Salem, county of Rockingham, and the 
towns of Hudson and Pelham, county of Hillsborough, Class B-1. 

V. The waters of Beaver Brook and Goss (Kendall) Pond from 
the Derry sewer outfall, located in Beaver Brook about 400 feet down- 
stream from the Derry Water Works well field, to the dam at the outlet 
to said pond. Class C. 

VI. All of the other surface waters of the Beaver Brook water- 
shed hitherto unclassified and which have not been mentioned in the 
above items I thru V. Class B-1. 

130:2 Takes Effect. This act shall take effect July 1, 1957. 
[Approved May 17, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 131. 

AN ACT CORRECTING CERTAIN ERRORS IN THE STATUTE RELATIVE TO 
MUNICIPAL BUDGET LAW. 

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

131:1 Municipal Budget Law. Amend RSA 32:11 by striking out 
the figure "37" in the second line and inserting in place thereof the 



1957] Chapters 132, 133 137 

figure, 32, so that said section as amended shall read as follows: 
32:11 — Penalty. Any person or presons violating the provisions of 
RSA 32:10 shall be subject to removal from office on proper petition 
brought before the superior court. Such petition shall take precedence 
of other actions pending in said court, and shall be heard and decided as 
speedily as possible. 

131:2 Correction of Error. Amend RSA 32:13 by striking out the 
figure "37" in the second line and inserting in place thereof the figure, 
32, so that said section as amended shall read as follows: 32:13 Initi- 
ation of Removal Proceedings. Upon receipt of the reports provided for 
by RSA 32:12, the budget committee shall examine the same promptly, 
and if it shall be found that the selectmen, town manager, school board 
or village district commissioners have failed to comply with the pro- 
visions of section 12 of this chapter a majority of said committee, at the 
expense of the town, may petition the superior court for removal as 
provided in section 11 of this chapter. 

131 :3 Takes Effect. This act shall take effect upon its passage. 
[Approved May 17, 1957.] 
[Effective date May 17, 1957.] 



CHAPTER 132. 



AN ACT RELATIVE TO EXCLUSION OF CERTAIN PUBLIC UTILITIES FROM 

FILING PROVISIONS. 

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

132:1 Transportation Utilities Subject to Federal Regulation. 

Amend RSA 369 by inserting after section 16 the following new section: 
369:17 Public Utilities Excluded. Any public utility which is subject 
to the provisions of 20-a of Title 49 of the United States Code Annotated 
shall be subject to the provisions of section 7 of this chapter but sliall 
not be subject to any of the other provisions of this chapter. 

132:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 17, 1957.] 
[Effective date May 17, 1957.] 



CHAPTER 133. 

AN ACT RELATING TO BRIDGES ON THE SECONDARY SYSTEM OF HIGHWAYS. 

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

133:1 Secondary Highways; Bridges. Amend RSA 212:9 by strik- 
ing out such section and inserting in place thereof the following: 242:9 



138 Chapter 134 [1957 

Cost; How Borne: State Bridge Aid. When public convenience and 
necessity require tlie construction or reconstruction of any bridge on a 
class II highway the cost thereof shall be borne as follows : 

I. In towns whose valuation does not exceed $500,000 the town 
shall pay one-sixth and the state five-sixths. 

II. In towns whose valuation is more than $500,000 and not more 
than $1,000,000 the town shall pay one-fifth and the state four-fifths. 

III. In towns whose valuation is more than $1,000,000 and not 
more than $2,000,000 the town shall pay one-quarter and the state three- 
quarters. 

IV. In towns whose valuation is more than $2,000,000 the town 
shall pay one-third and the state two-thirds. 

133:2 Takes Effect. This act shall take effect as of January 1, 
1958. 

[Approved May 17, 1957.] 
[Effective date January 1, 1958.] 



CHAPTER 134. 

AN ACT RELATING TO BRIDGES ON THE CLASS V SYSTEM OF HIGHWAYS. 

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

134:1 Town Highways; Bridges. Amend RSA 242:10 by striking 
out said section and inserting in place thereof the following: 242:10 
Town Bridge Aid. When public convenience and necessity require the 
construction or reconstruction of any bridge on a class V highway the 
cost thereof shall be borne as follows : 

I. In towns whose valuation does not exceed $500,000 the state 
shall pay seventy per cent and the town thirty per cent. 

II. In towns whose valuation is more than $500,000 and not 
more than $1,000,000 the state shall pay sixty per cent and the town 
forty per cent. 

III. In towns whose valuation is more than $1,000,000 and not 
more than $2,000,000 the state shall pay fifty per cent and the town fifty 
per cent. 

IV. In towns whose valuation is more than $2,000,000 the state 
shall pay forty per cent and the town sixty per cent. 

134:2 Takes Effect. This act shall take effect as of January 1, 
1958. 

[Approved May 17, 1957.] 
[Effective date January 1, 1958.] 



1957] Chapters 1:^5, 136 139 

CHAPTER 135. 

AN ACT RELATIVE TO RIGHT OF WAY FOR HIGHWAY PURPOSES THROUGH 

STATE HOSPITAL LAND. 

Be it enacted by the Scutate and House of Represento.tives in Geneml 
Court convened: 

135:1 Highway Right of Way. Amend RSA 135 by inserting after 
section 13 the following new section: 135:13-a State Hospital Land. 

The provisions of section 13 shall not apply to acquisition of land for a 
highway right of way over land of the state hospital in connection with 
Concord-Bo w-Hopkinton section of a federal interstate highway running 
from Concord to Lebanon. 

135 :2 Takes Effect. This act sliall take effect upon its passage. 
[Approved May 17, 1957.] 
[Effective date May 17, 1957.] 



CHAPTER 136. 

AN ACT AUTHORIZING SPECIAL NUMBER PLATES FOR DEPUTY SHERIFFS. 

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

136:1 Motor Vehicles. Amend RSA 260:10 (supp) as amended by 
1955, 28:1; 123:2 by inserting after the words "county sheriffs" in the 
seventh line the words, deputy sheriffs, so that said section as amended 
shall read as follows : 260:10 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, deputy 
sheriffs, 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 governor, tlie members of the governor's council, 
the president of the senate, speaker of the house of representatives, 
state police and motor vehicle departments. 

136:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 23, 1957.] 
[Effective date May 23, 1957.] 



140 Chapters 137, 138 [1957 

CHAPTER 137. 

AN ACT RELATING TO FRAUDULENT CHECKS ISSUED IN PAYMENT 

FOR SERVICES. 

Be it enacted hij the Senate and House of Representatives in GenPAul 
Court convened: 

137:1 Larceny. Amend RSA 582:12 by striking out all after the 
word "larceny" in the fifth line and inserting in place thereof the follow- 
ing: and if money, property, labor or services are obtained thereby shall 
be guilty of larceny, so that said section as amended shall read as follows : 
582:12 Fraudulent Checks. Whoever, with intent to defraud, makes, 
draws, utters, or delivers any check, draft, or order for the payment of 
money upon any bank or other depository, without sufficient funds or 
credit at such bank or other depository for the payment of such instru- 
ment, shall be guilty of attempted larceny, and if money, property, labor 
or services are obtained thereby shall be guilty of larceny. 

137:2 Takes Eifect. This act shall take effect sixty days after its 
passage. 

[Approved May 23, 1957.] 
[Effective date July 22, 1957.] 



CHAPTER 138. 

AN ACT RELATIVE TO TRANSPORTATION OF SO-CALLED CHRISTMAS TREES. 

Be it enacted by the Senate and House of Represe^itatives in General 
Court convened: 

138:1 Transportation of Coniferous Trees. Amend RSA 221 by 
inserting at the end of said chapter the following new subdivision: 
Transportation of Coniferous Trees 
221:20 Prohibition. During the period from October first to 
December twenty-fifth, inclusive, no person shall transport at one time 
more than three coniferous trees, which he has obtained from another, 
from place to place along any public highway unless he has in his 
possession for inspection evidence that he is the owner of said trees, 
and can furnish the name and address of the person from whom he 
obtained said trees. 

221:21 Exceptions. The provisions of the preceding section 
shall not apply to the transportation of coniferous trees in compact 
parts of cities or towns. 

221:22 Penalty. Any person violating the provisions of this 
subdivision shall be fined not more than fifty dollars. 

138:2 This act shall take effect as of October 1, 1957. 
[Approved May 23, 1957.] 
[Effective date October 1, 1957.] 



1957] Chapter 139 141 

CHAPTER 139. 

AN ACT RELATING TO PROBATE COURTS. 

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

139 ;1 Probate Courts. Amend RSA 547 by inserting- after section 
32 the following new sections: 547:33 Rules and Forms. The judges 
of the probate courts or a majority of them shall from time to time 
make rules for regulating the practice and for conducting the business 
in their courts in all cases not expressly provided for by law and shall 
prescribe forms, and, as soon as convenient after making or prescribing 
them, shall submit a copy of their rules, forms and course of proceedings 
to the supreme court, which may alter and amend them, and from time 
to time make such other rules and forms for regulating the proceed- 
ings in the probate court as it considers necessary in order to secure 
regularity and uniformity, 

547:34 Administrative Committee. There shall be an adminis- 
trative committee of the probate courts, hereinafter called the commit- 
tee, which shall consist of three judges thereof, assigned to service 
thereon by the supreme court for such period of time as it may deem 
advisable. The committee shall be authorized to visit any probate court, 
as a committee or by sub-committee, to recommend uniform practice and 
procedure, and shall have general advisory powers in relation to such 
courts. To promote co-ordination in the work of such courts, the com- 
mittee may from time to time call conferences of any or all of the judges 
thereof or of other officials connected therewith, and the traveling ex- 
penses of such judges or officials for attending such conferences, and also 
the necessary expenses of the members of the committee incurred in the 
performance of their duties as aforesaid, shall, subject to the approval 
of the governor and council, be paid from the state treasury. The com- 
mittee shall from time to time establish forms for annual reports of the 
work of the several probate courts and registries of probate; and the 
several registers of probate shall annually, on or before September first, 
prepare and file with the judicial council uniform reports of the work 
of said courts and registries during the preceding year ending June 
thirtieth. 

547:35 Notice of Hearings, etc. The supreme court and the 
probate courts shall make rules requiring notice of any hearing, motion 
or other proceeding before said courts to be given to parties interested 
or to the attorneys of record thereof. 

139:2 Repeal RSA 548:10 and 548:11, relating to forms and 
rules of the probate courts and the revision thereof, are hereby re- 
pealed. On the passage of this act the present foiTns and rules of the 
several probate courts shall and hereby are continued in effect until re- 



142 Chapter 140 [1957 

vised under the provisions of RSA 547:33, 34, 35; provided, however, 
that all probate forms and rules shall be uniform throughout the state 
from and after July 1, 1959. 

139:3 Appropriation. There is hereby appropriated the sum of 
twenty-five hundred dollars for the fiscal year ending- June 30, 1958, and 
the sum of twenty-five hundred dollars for the fiscal year ending June 30, 
1959, which appropriation shall not lapse and which shall be expended 
under the direction of the administrative committee of the probate 
courts. The sums 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 warrent for said sum, or so much thereof as 
may be required for the purposes hereof, out of any money in the treas- 
ury not otherwise appropriated. 

139:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 23, 1957.] 
[Effective date July 22, 1957.] 



CHAPTER 140. 

AN ACT RELATIVE TO SALARIES OF COURT STENOGRAPHERS. 

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

140:1 Court Stenographers. Amend RSA 519:26 (supp) as 
amended by 1955, 271:1 and by an act passed at this session of the gen- 
eral court relative to employment of an extra court stenographer, by 
striking out the words "four thousand five hundred" and inserting in 
place thereof the words, five thousand five hundred, so that said section 
as amended shall read as follows : 519:26 Appointment. The superior 
court, acting as a body, may appoint not more than eight official state 
court stenographers who shall report the proceedings of the superior 
court of any county to which they may from time to time be assigned 
by said court. Each court stenographer shall be sworn to the faithful 
discharge of his duties and shall receive from the state an annual salary 
of five thousand five hundred dollars. He shall take full notes of all oral 
testimony and other proceedings in the trial of 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 



1957] Chapter 141 143 

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 30. 

140:2 Additional. Amend RSA 519:31 (supp) as amended by 
1955, 271:2 by striking out the word "fifteen" in the third line and in- 
serting- in place thereof the word, twenty, so that said section as 
amended shall read as follows: 519:31 Stenogi-aphic Hire. The 
superior court may employ such additional stenogi'aphic assistance as 
it may require and stenographers so employed shall be allowed twenty 
dollars per day and shall be reimbursed for their actual expenses when 
away from home. 

140:3 Takes Effect. This act shall take effect July 1, 1957. 
[Approved May 23, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 141. 



AN ACT TO AUTHORIZE THE STATE OF NEW HAMPSHIRE TO ENTER INTO A 

COMPACT WITH THE STATES OF MAINE AND VERMONT TO ESTABLISH 

A TRI-STATE REGIONAL MEDICAL NEEDS BOARD. 

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

141:1 New Chapter. Amend RSA by inserting after chapter 125 
the following new chapter: 

Chapter 125-A 
Northern New England Medical Needs Compact 
125-A :1 Compact Ratified. In order to provide advisory service 
to voluntary and official health agencies and educational institutions con- 
cerned with health, relating to poKcies concerned with the promotion, 
preservation and restoration of health and to insure the availability of 
day to day medical care where there is need in the rural areas of Maine, 
New Hampshire and Vermont, the general court of this state hereby 
ratifies the following compact to become effective at such time as the 
legislative bodies of the states of Maine and Vermont also ratify it. 
Northern New England Medical Needs Compact 
Article I 
In order to provide advisory service to voluntary and official health 
agencies and educational institutions concerned with health, relating to 
policies concerned with the promotion, preservation and restoration of 
health and to insure the availability of day to day medical care where 
there is need in the rural areas of the compacting states. 

Article H 
There is hereby created and established a Tri-State Regional 
Medical Needs Board which shall be the agency of each state party to the 



144 Chapter 141 [1957 

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 the president, 
vice-president and president-elect of the medical societies of Vermont and 
New Hampshire and the president, president-elect and executive director 
of the Maine Medical Association; the commissioners of health of the 
three states; the deans of the University of Vermont and Dartmouth 
Medical Schools ; the chairman of the curriculum committee and director 
of health studies of the University of Vermont College of Medicine, the 
latter two without vote. 

Article III 
This compact shall become operative immediately at such time as 
the last of the three compacting states shall have executed it in the form 
which is in accordance 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 executive secretary and may 
employ such stenographic, clerical, technical or legal personnel as shall 
be necessary, and at its pleasure may remove or discharge such per- 
sonnel. It shall adopt a seal and suitable by-laws and shall promulgate 
any and all rules and regulations which may be necessary for the con- 
duct of its business. It may maintain an office or offices within the terri- 
tory of the compacting states and may meet at any time or place. Meet- 
ings shall be held at least once in each calendar 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 compact- 
ing state, shall have voted in favor thereof. Where meetings are planned 
to discuss matters relevant to problems of rural medical needs of 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 an 
accurate account 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 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 purposes of this compact. The board shall not pledge the 
credit of any compacting 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 VT of this compact; provided, that the board 
takes specific action setting aside such funds prior to the incurring of 



1957] Chapter 141 145 

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 VI hereof, the 
board shall not incur any obligations for salaries, office, administrative, 
traveling or other expenses prior to the allotment of funds by the com- 
pacting states adequate to meet the same. Each compacting state re- 
serves 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 
therefore have been signed by the executive secretary and counter- 
signed 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. 

The board shall study and consider for implementation and 
operation on a tri-state cooperative basis programs to promote, pre- 
serve and restore health in the rural areas of the compacting states. 
Any program deemed advisable for implementation and operation on a 
tri-state basis shall be submitted to each of the three legislatures with 
the endorsement of the members of the board and such program shall 
include therein an analysis of administrative and operational costs and 
a proposed division of costs on an equitable basis for each of the three 
states. 

Nothing above should be construed to interfere with the sover- 
eignty of the Departments of Health or Welfare or the Medical Societies 
of the individual compacting states. 

Article V 

The board shall have the power to: collect, correlate, and evaluate 
data in the fields of its interest under this compact; 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. 

Article VI 

The board for the purposes of this compact is hereby empowered 
to receive grants, devises, gifts and bequests whicli 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 ad- 
minister 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 VII 

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 



146 Chapter 141 [1957 

thereof to any g-overnment, agency, person or circumstance shall not be 
affected thereby; 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 YIII 

This compact shall continue in force and I'emain 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 there- 
from. Such action shall not be effective until two years after notice 
thereof has been sent by the governor of the state desiring to 
withdraw to the governors of the other states then parties to the com- 
pact. 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 withdrawing state may be reinstated by appli- 
cation after appropriate legislation is enacted by such state, upon 
approval by a majoritj^ of the board. 

Article IX 

If any compacting- state shall at any time default in the per- 
formance of any of its obligations assumed or imposed in accordance 
with the provisions of this compact, all rights and privileg-es and benefits 
conferred by this compact or agreement 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 the other two 
member states. Any such defaulting state may be reinstated by (a) per- 
forming all acts and obligations upon which it has heretofore defaulted, 
and (b) application to and approval by a majority vote of the board. 

125-A:2 Copies to be Sent. The secretary of state shall send 
authenticated copies of this chapter to the governor of each of the other 
two states party to this compact. 

125-A:3 Action by Governor. The governor is authorized to take 
any action necessary to complete the exchange and filing of documents 
as between this state and any other state ratifying this compact. 

125-A:4 Report to Governor. The members from this state 
shall obtain accurate accounts of all the board's receipts and disburse- 
ments and shall report to the governor on or before the fifteenth day of 
November, in even numbered years, the transactions of the board for 
the biennium ending on the preceding June thirtieth. They shall include 
in such report recommendations for any legislation which they consider 
necessary or desirable to carry out the intent and purposes of the com- 
pact. 



1957] Chapter 142 147 

125-A:5 Definition. Insofar as this state is concerned the words 
"commissioner of health" as used in the compact shall mean the state 
health officer. 

141 :2 Takes Effect. This act shall not be effective unless and un- 
til the governor of this state shall receive authenticated copies from the 
governors of the states of Maine and Vermont of the acts ratifying said 
compact. 
[Approved May 29, 1957.] 



CHAPTER 142. 

AN ACT RELATING TO MUNICIPAL WATER WORKS. 

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

142:1 Debt Limit. Amend RSA 38:11 by striking out the words 
"or for constructing or enlarging any plant, works, or system" in the 
thirteenth line thereof so that said section as amended shall read as 
follows: 38:11 — Ratification. Within ninety days of the final de- 
termination of the price to be paid for said plant and property, as well as 
the amount of said plant and property to be taken or acquired under the 
provisions of section 9 or 10 of this chapter, said municipality shall de- 
cide whether or not to take said plant and property at said price by a 
vote similar to the ratifying vote provided in section 8 hereof. In the 
event that said vote or the vote in section 8 is in the affirmative, the 
municipality may then vote, within ninety days thereof, to raise by taxa- 
tion, and appropriate, or, as provided by chapter 33, to borrow such 
sums of money on the credit of the municipality as may from time to 
time be deemed necessary and expedient for the purpose of defraying 
the cost of purchasing or taking the plant, property, or facilities of the 
utility which the municipality may thus acquire, and said indebtedness 
shall not exceed at any one time ten per cent of the tax valuation of the 
municipality, or, in the event of a taking, such price and damages as 
are finally determined under the provisions hereof: and if said money is 
so raised it shall immediately be paid to the utility, which shall there- 
upon execute a proper conveyance and surrender the plant and property 
to the municipality, which shall thereafter operate it as a public utility. 
If said ratifying vote provided for in this section shall be in the negative, 
no other action under this chapter shall be had during the ensuing 
period of two years. 

142:2 Municipal Finance Act. Amend RSA 33 by adding after 
section 5 the following new section: 5-a Water Works. Municipali- 
ties may incur debt for supplying the inhabitants with water or for the 
construction, enlargement or improvement of water works, by the issue 



148 Chapter 143 [1957 

of bonds or notes, for such purposes, as set forth in this chapter; pro- 
vided however that such municipahties shall not incur debt for such pur- 
poses to an amount, at any one time outstanding, exceeding ten per cent 
of their last locally assessed valuation as last equalized by the tax com- 
mission, determined as provided in section 4-b. Any municipality which 
shall have received orders from the state board of health under the 
provisions of RSA 148:22 requiring the alteration, enlargement or appli- 
cation of any other improvement in such facilities as will ensure fitness 
and safety and adequate protection of the public health may incur debt 
thereof by the issue of bonds or notes outside the limit prescribed herein. 
All debt authorized by this section, inasmuch as it is all excluded from 
the definition of "net indebtedness" in section 1, shall at no time be in- 
cluded for the purpose of calculating the borrowing capacity of the 
municipality for other purposes. The debt limit established by this 
section may be exceeded by a municipality in accordance with the pro- 
cedure prescribed in and subject to the provisions of section 6. 

142:3 Definition. Amend the definition of net indebtedness in 
RSA 33:1, as amended by 1955, 329:3, by striking out the same and in- 
serting in place thereof the following: "Net Indebtedness," all out- 
standing and authorized indebtedness, heretofore or hereafter incurred 
by a municipality, exclusive of unmatured tax anticipation notes issued 
according to law, debts incurred for supplying the inhabitants with water 
or for the construction, enlargement, improvement or maintenance of 
water works, debts incurred to finance the cost of sewerage systems or 
enlargements or improvements thereof, or sewage disposal works when 
the cost thereof is to be financed by sewer rents or sewer assessments, 
debts incurred pursuant to RSA 31:10, debts incurred outside the statu- 
tory debt limit of the municipality under any general law or special act 
heretofore 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. 

142:4 Saving Clause. Tlie passage of this act shall not impair the 
validity of any debt heretofore properly authorized or issued by a muni- 
cipality. 

142:5 Takes Effect. This act shall take eff"ect upon its passage. 
[Approved May 29, 1957.] 
[Effective date May 29, 1957.] 



CHAPTER 143. 

AN ACT RELATING TO ABSENTEE VOTING. 

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

143:1 Absentee Voting, Procedure. Amend RSA 60:6 by striking 
out said section and substituting in place thereof the following: 60:6 



1957] Chapter 144 149 

Procedure in Voting, by Voter. A voter who has received an official 
absent voting ballot as hereinbefore provided, may vote by marking his 
ballot and by mailing or causing it to be delivered to such city or town 
clerk. After marking the ballot, the voter shall enclose and seal the same 
in the envelope provided for in paragi-aph III of section 2 of this chapter, 
and shall enclose and seal the envelope containing the ballot in the en- 
velope provided for in paragraph IV of section 2, endorse thereon his 
name, address and voting place, and shall then mail the envelope, post- 
age prepaid, or cause it to be delivered to said city or town clerk. 

143:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1957.] 
[Effective date May 29, 1957.] 



CHAPTER 144. 

AN ACT RELATING TO CONDUCT AFTER A MOTOR VEHICLE ACCIDENT. 

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

144:1 Giving Notice. Amend RSA 262:23 by striking out the 
same and inserting in place thereof the following: 262:23 Conduct 
After Accident. Any person who is the operator of a motor vehicle who 
is knowingly involved in any accident which results in death, personal 
injury or damages to property, shall forthwith bring his vehicle to a 
stop, return to the scene of the accident, give to the operator of any 
other motor vehicle involved in said accident, and to the person injured, 
or the owner of the property damaged, his name and address, the num- 
ber of the driver's license, the registration number of the motor vehicle 
and the name and address of each accupant thereof. If by reason of in- 
jury, absence or removal from the place of the accident, or otlier cause, 
such injured person, or operator of such other motor vehicle, or owner 
of the property damaged, or any of them, is unable to understand or re- 
ceive the information required hereunder, such information shall be 
given to any uniformed police of!icer arriving at the scene of the accident 
or immediately to a policeman at the nearest police station. Any person 
operating a motor vehicle which is in any manner involved in an accident 
in which any person is injured or killed, or resulting in damage to prop- 
erty in excess of fifty dollars, shall within forty-eight hours after such 
accident report in writing to the commissioner the facts required here- 
under together with a statement of the circumstances of the accident; 
provided, however, that voluntary intoxication shall not constitute a de- 
fense in the matter of knowledge under the provisions of this section. 
Such report, the form of which shall be prescribed by the commissioner, 
shall contain information to enable the commissioner to determine 



150 Chapters 145, 146 [1957 

whether the requirements for the deposit of security under section 5 of 
chapter 268, RSA, are inapplicable by reason of the existence of insur- 
ance or other exceptions specified in that chapter. If such operator be 
physically or mentally incapable of making such report, the owner of the 
motor vehicle involved in such accident or his representative shall, after 
learning of the accident, forthwith make such report. The operator or 
the owner shall furnish such additional relevant information as the com- 
missioner shall require. 

144:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 29, 1957.] 
[Effective date July 28, 1957.] 



CHAPTER 145. 

AN ACT CHANGING CLASSIFICATION OF LEMPSTER ROAD. 

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

145:1 Change in Classification. The Class II highway in Washing- 
ton known as the Lempster road from its junction with Route 31 to the 
Lempster line shall hereafter be classified as a Class V highway. 

i45:2 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 Washington and 
made available for expenditure on this highway and expended under 
the supervision of the commissioner of public works and highways. 

145:3 Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1957.] 
[Effective date May 29, 1957.] 



CHAPTER 146. 

AN ACT RELATIVE TO TRUSTEES OF THE LACONIA STATE SCHOOL. 

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

146:1 Laconia State School. Amend RSA 10 by inserting after 
section 2 the following new section: 10:2-a Trustees. Of the appointive 
members of the board of trustees of Laconia State School at least one of 
such members shall be a natural parent of a mentally retarded child. 

146:2 Additional Member for Board of Trustees for Laconia State 
School. Amend RSA 10 by inserting after section 2-a as hereinbefore 



1957] Chapter 147 151 

inserted the following- new sections: 10:2-b Number of Trustees. 

There shall be a board of eight trustees for the Laconia State School the 
appointed members of which shall serve without pay but shall be allowed 
their reasonable expenses. Seven members of said board shall be 
appointed by the governor and council for terms of six years each. 
Vacancies in said board shall be filled by the governor and council for the 
unexpired terms. 

146:3 Repeal. Such parts of RSA 10:2 relative to trustees of in- 
stitutions, as affects the Laconia State School, which may be inconsistent 
with the provisions of section 2 are hereby repealed to the extent of such 
inconsistency. 

146 :4 New Appointee. Upon the passage of this act the governor 
and council shall appoint a new member of the board of trustees of the 
Laconia State School for a term of six years from June 30, 1957, and 
thereafter in every sixth year there shall be appointed two members of 
said board of trustees. 

146:5 Application of Law. The provisions of this act shall not be 
construed as affecting the term of office of any members of the board of 
trustees of Laconia State School in office at the date of the passage of 
this act, but shall be in effect for future appointments. 

146:6 Takes Effect. This act shall take effect as of its passage, 
except as otherwise herein provided. 
[Approved May 29, 1957.] 
[Effective date May 29, 1957.] 



CHAPTER 147. 

AN ACT ESTABLISHING THE MILITIA. 

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

147:1 New Chapter. Amend the RSA by inserting after cliapter 
110 the following new chapter: 

— ^ Chapter 110-A 

The Militia 
110-A :1 Composition of the Militia. 

L The militia shall consist of all able-bodied male residents of 
the state who shall be more than seventeen years of age and not more 
than forty-five years of age, who shall be, or shall have declared their 
intention to become, citizens of the United States, subject, however, to 
such exemptions from military duty as may be created by the laws of 
the United States. 



152 Chapter 147 [1957 

II. The militia shall be divided into two classes, namely, the 
organized militia, which shall be the national guard, and the unorganized 
militia. 

III. The national guard shall consist of an army national guard, 
an air national guard, and an inactive national guard. As used in this 
chapter the term national guard shall mean and refer to the army 
national guard and the air national guard unless otherwise indicated. 

IV. The unorganized militia shall be composed of those classes 
of persons described in paragraph I of this section who are not members 
of the organized militia, provided, however, that those persons who are 
lawfully carried upon the state reserve list or the state retired list shall 
not be deemed to be a part of the unorganized militia. 

V. When authorized by the laws and regulations of the United 
States, there shall be an additional division of the organized militia to 
be known as the New Hampshire naval militia. 

110-A:2 Commander-in-Chief; Rei^iilations. The governor shall 
be the commander-in-chief of the militia, and he is hereby authorized to 
issue regulations for the organization and government thereof. Such 
regulations shall have the same force and effect as the provisions of this 
chapter, but they shall conform to the laws and regulations of the 
United States relating to the organization, discipline and training of the 
militia, to the provisions of this chapter and, as nearly as practicable, to 
the laws and regulations governing the army and air force of the United 
States. The regulations in force at the time of the passage of this chap- 
ter shall remain in force until new regulations are issued. 

110-A:3 Registration and Draft of Unorganized Militia. 

I. Whenever the governor shall deem it necessary, he may 
direct the members of the unorganized militia to present themselves for 
and submit to registration at such time and place and in such manner 
as he may prescribe in regulations issued pursuant to this chapter. 

II. Whenever it shall be necessary in case of invasion, dis- 
aster, insurrection, riot, breach of the peace, or imminent danger there- 
of, or to maintain the national guard at the number required for public 
safety or prescribed by the laws of the United States, the governor may 
call for and accept from the unorganized militia as many volunteers as 
are required for service in the national guard, or he may direct the mem- 
bers of the unorganized militia or such of them as may be necessary 
to be drafted into the national guard. 

11 0- A : 4— Notice of Draft; Order. 

I. Notice of the draft shall be by proclamation, or otherwise, 
as the governor shall deem proper; and the selection of persons drafted 
shall be by lot, all in conformity with such regulations as the governor 
shall promulgate. 



1957] Chapter 147 153 

II. The draft shall be made from the classes hereinafter 
specified in the following- order: First class, unmarried men of the ages 
of seventeen to twenty-five years, inclusive; second class, unmarried men 
of the ag-es twenty-six to forty-five years, inclusive ; third class, married 
men of the ages of seventeen to twenty-five years, inclusive; fourth 
class, married men of tlie ages of twenty-six to forty-five years, in- 
clusive. No draft shall be made of any subsequent class until the preced- 
ing classes shall have been exhausted. 

III. Any member of the unorganized militia who is ordered to 
register or to be drafted into the national guard under the provisions of 
this chapter and who fails to appear at the time and place designated 
in such order shall be fined not less than ten dollars nor more than fifty 
dollars for each day he shall fail to appear. 

110-A:5 Militia Call by the United States. 

I. When the militia of the state is called forth under the con- 
stitution and laws of the United States the governor shall order out for 
service the national guard or such part thereof as may be necessary, and 
if the number available be insufficient, the governor may call for and 
accept from the unorganized militia as many volunteers as are required 
for service in the national guard or he may direct the members of the 
unorganized militia or such of them as may be necessary to be drafted 
into the national guard. 

110-A:6 Ordering National Guard into active State Service. 

I. The governor shall have power, in case of invasion, disaster, 
insurrection, riot, breach of the peace, resistance to process of this state, 
or imminent danger thereof, to order into the active service of the state 
for such period, to such extent and in such manner as he may deem neces- 
sary all or any part of the national guard. Such power shall include the 
power to order the national guard or any part thereof to function under 
the operational control of the United States army, navy or air force com- 
mander in charge of the defense of any area within the state which is 
invaded or attacked or is or may be threatened with invasion or attack. 

110-A:7 Military Staff of the Governor. 

I. The military staff of the governor shall consist of the 
adjutant general who shall be the 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 army, navy, 
marine corps, coast guard or air force in any war. The remaining four 
may be appointed from officers or former officers of the United States 
army, navy, marine corps, coast guard or air force, or of the national 
guard or of the various officers' reserve corps or from civil life. 

II. Officers detailed from the national guard shall retain their 
existing rank, and shall remain subject to duty except as their services 



154 Chapter 147 [1957 

may be required by the governor as members of his staff. Officers or en- 
listed men or former officers or enlisted men appointed from the army, 
navy, marine corps, coast guard or air force, or the various military re- 
serve corps, shall be of the rank held or last held by them in these organi- 
zations, except that if the rank last held by a former member of the 
army, marine corps or air force is lower than major, such former mem- 
ber shall be commissioned in the rank of major; and that if the rank 
last held by a former member of the navy or coast guard is lower than 
lieutenant-commander, such former member shall be commissioned in 
the rank of lieutenant-commander. Except as provided above, civilians 
appointed to the military staff of the governor shall be commissioned in 
the rank of major or its naval equivalent, and shall not thereby be ex- 
empted from military duties. The twelve aides-de-camp shall hold office 
during the pleasure and not exceeding the term of office of the gover- 
nor. 

III. As soon as may be after each biennial election, the gover- 
nor-elect shall submit to the governor and council the names of those 
persons not then officers of the militia whom he shall wish to appoint to 
his military staff ; and it shall thereupon be the duty of the governor and 
council to commission such nominees as officers of the militia in the 
appropriate rank as prescribed in this section, such commission to take 
effect on the day the governor-elect takes office. 

IV. The military staff of the governor shall perform such 
ceremonial functions and duties as the governor may prescribe. 

110- A :8 The Adjutant General. 

I. The adjutant general shall be appointed as provided in the 
constitution, and his tenure of office shall be until he shall have 
reached the age of sixty-five years. At the time of his appointment, he 
shall have had not less than five years service in the national guard of 
this state. He shall have initially the rank of brigadier general but after 
two years service in that rank he may be appointed to the rank of major 
general. His salary shall be as prescribed by law. 

II. The adjutant general shall be the chief of staff to the 
governor and shall be the executive head of the adjutant general's de- 
partment. He may perform any act authorized by this chapter or by the 
regulations issued pursuant thereto through or with the aid of such 
officers of the national guard or other personnel as he may designate. He 
shall exercise and perform all powers, functions and duties which are or 
may be imposed upon him by the laws and regulations of the United 
States. It shall be the duty of the adjutant general to direct the plan- 
ning and employment of the forces of the national guard in carrying out 
their state military mission; to establish unified command of state forces 
whenever they shall be jointly engaged; to submit such written reports 
to the governor as the governor may prescribe; and to perform such 



1957] Chapter 147 155 

other duties as the governor may direct. Whenever the governor and 
those who would act in succession to the governor under the constitution 
and laws of the state shall be unable to perform the duties of com- 
mander-in-chief, the adjutant general shall command the militia. 

110-A:9 Staff for the National Guard. There shall be under the 
adjutant general as chief of staff a staff for the national guard. The 
staff shall consist of such officers as shall be designated in general 
orders; and it shall perform such functions and duties as the adjutant 
general may prescribe. 

110-A:10 Emergency Purchases for the National Guard. Not- 
withstanding any other provision of law in emergencies the adjutant 
general may purchase such necessities as are required for the immedi- 
ate use and care of any command of the national guard. 

110-A:11 Issue of Military Property. The adjutant general 
shall issue such military property as may be prescribed by regulations. 
Obsolete ordnance property belonging to the state may be issued by the 
adjutant general with the approval of the governor to municipalities 
and to educational, patriotic and charitable organizations under such 
conditions as may be prescribed by regulations issued pursuant to this 
chapter. 

110-A :12 State Resei-ve List. 

I. Any commissioned or warrant officer of the national guard 
may be transferred to the state reserve list on his own request approved 
by the adjutant general. 

II. Any commissioned or warrant officer of tlie national guard 
who has been rendered surplus by reduction, disbandment or reorgani- 
zation of a unit or denial, withdrawal or termination of his federal recog- 
nition or for any other reason, unless transferred to the inactive national 
guard may be relieved from duty or command and may be transferred 
to the state reserve list. 

III. Any person who has served as a commissioned or warrant 
officer in the national guard or in the armed forces of the United States 
and has been honorably discharged therefrom may be commissioned and 
placed on the state reserve list in the highest grade previously held by 
him after complying with such conditions as may l^e prescribed by regu- 
lations issued pursuant to this chapter. 

IV. Upon the recommendation of the adjutant general, the 
governor may order any person on the state reserve list to active duty in 
or witli the national guard for periods of not more than three months each 
in which case such person shall rank in his grade from the date of such 
order. 

V. The provisions of this chapter relative to the resignation, 
retirement, court-martial, dismissal and discharge of commissioned 



156 Chapter 147 [1957 

officers and warrant officers of the national guard, including- discharge on 
the findings of an efficiency or medical examining board, shall be applica- 
ble to officers and warrant officers on the state reserve list. 

VI. Time spent on the state reserve list shall not be credited 
in the computation of seniority, pay, length of service for promotion, or 
otherwise, or any of the privileges and exemptions pertaining thereto, 
except that time served on active duty by order of the governor shall be 
so credited. 

110-A:13 State Retired List. 

I. Any commissioned officer or warrant officer of the national 
guard who has reached the age of sixty-four years shall be retired for 
age and transferred to the state retired list by the governor; provided 
that any commissioned officer or warrant officer of the national guard 
may be retired for age at an age less than sixty-four in order to conform 
with the laws and regulations of the United States applicable to the 
national guard, and may be transferred to the state retired list by the 
governor. The foregoing provisions shall not apply to the adjutant gen- 
eral, who shall not be retired until he shall have completed his tenure of 
office as such as provided in this chapter. 

II. Any commissioned officer wlio shall have served in the 
same grade for the continuous period of ten years, or in the military 
service of the state as a commissioned officer for fifteen years may, up- 
on his own request, be retired from active service and placed upon the 
retired list. 

III. Upon the recommendation of the adjutant general the 
governor may order any person on the state retired list to active duty 
for the purpose of serving on military courts or boards or performing 
staff duty in or with the national guard, and, in time of emergency, to per- 
form any military duty in or with the national guard. In any such case 
the person so ordered shall rank in his grade from the date of such 
order. 

IV. Time spent on the state retired list shall not be credited 
in the computation of seniority, pay, length of service for promotion, or 
otherwise, or any of the privileges and exemptions pertaining thereto, 
except that time served on active duty by order of the governor shall 
be so credited. 

110-A:14 Service Without the State. The governor may order 
the national guard or any part thereof to serve outside the borders of 
this state or of the United States in order to perform military duty of 
every description and to participate in parades, reviews, conferences, en- 
campments, maneuvers or other training, and to participate in small 
arms and other military competitions and to attend service schools. The 
provisions of this chapter shall apply to m-embers of the national guard 
while serving outside the state and while going to and returning from 



1957] Chapter 147 157 

such service outside the state in like manner and to the same extent as 
while serving within the state. 

The National Guard 
110-A:15 Army National Guard. The army national guard shall 
comprise the army units which are a part of the New Hampshire 
national guard at the time of the enactment of this chapter and such 
other army units as may be organized hereafter, including the personnel 
who are enlisted, appointed or commissioned therein. When authorized 
by the laws and regulations of the United States such personnel may 
include females. 

110-A:16 Air National Guard. The air national guard shall 
comprise the air units which are a part of the New Hampshire national 
guard at the time of the enactment of this chapter and such other air 
units as may be organized hereafter, including the personnel who are en- 
listed, appointed or commissioned therein. The light aviation units of the 
army national guard shall not be considered air uiiits within the mean- 
ing of this chapter. When authorized by the laws and regulations of the 
United States such personnel may include females. 

110-A:17 Organization and Training. 

I. The national guard shall be organized, armed, disciplined, 
governed, administered and trained as prescribed by the laws of the 
United States and by this chapter and the regulations issued thereunder, 

H. Unless the same shall be furnished by the United States, 
the state shall provide adequate armory accommodations, bases, camps, 
target ranges and other facilities and sliall maintain the same for units 
of the army national guard and of the air national guard allotted to the 
state under the laws of the United States, accepted by the governor and 
organized under the authority of this chapter. 

110-A:18 Assemblies, Annual Training and Other Duty. 

I. Members and units of the national guard shall assemble for 
drill or other equivalent training, instruction or duties during each year 
and shall participate in field training, encampments, maneuvers, schools, 
conferences or other similar duties as may be prescribed by the laws of 
the United States and of the state and the regulations issued thereunder. 

n. Within the amount appropriated therefor, the adjutant 
general may prescribe and order the number of days, if any, for 
assemblies for drills or other equivalent training, instruction or duties 
to be performed annually by members of the national guard for which 
tiiey may receive pay. 

HI. Within the amount appropriated tlierefor, the adjutant 
general may prescribe and order the number of days, if any, of field train- 
ing, encampments, maneuvers, schools, conferences or other similar 



158 Chapter 147 [1957 

duties to be performed by members of the national guard for which they 
may receive pay and allowances. 

IV. Members of the national guard may be ordered by the 
governor or under his authority to perform special duty, including duty 
in a judicial proceeding conductd pursuant to this chapter or as a mem- 
ber of or in any other capacity with any military board or as an in- 
vestigating officer or as a medical examiner or as a judge advocate in 
the performance of legal services in any suit, action or proceeding. 

110-A:19 Organization of Units. The governor shall conform 
the organization of the New Hampshire national guard, including the 
composition of all units thereof, to the organization of national guard 
units prescribed by the laws of the United States and the regulations 
issued thereunder. For that purpose, the governor is authorized to 
organize, reorganize or disband any unit, headquarters or staff therein, 
to increase or decrease the number of commissioned officers, warrant 
officers, and non-commissioned officers of any grade therein, and to in- 
crease or decrease the strength of the New Hampshire national guard. 

110-A:20 Inactive National Guard. The inactive national guard 
shall consist of the persons commissioned, appointed or enlisted therein at 
the time of the enactment of this chapter, such officers and enlisted men 
as may be hereafter transferred thereto from the army national guard 
and the air national guard, and such persons as may be enlisted therein 
under the laws of the United States and the regulations issued there- 
under. 

110-iA:21 Credit for Active Federal Service. For all purposes 
under this chapter, members of the national guard who entered the 
active military service of the United States in time of war or under a 
call, order or draft by the president or who hereafter enter such service 
under like conditions or who enter and serve on active duty in the mili- 
tary service of the United States in time of peace and who thereafter re- 
tura to the military service of the state, shall be entitled to credit for 
time so served as if such service had been rendered to the state. 

Officers and Men 
110-A:22 Qualifications of Officers. 

I. No person shall be appointed or promoted as a commissioned 
officer of the national guard unless he shall have passed such examina- 
tion as to his physical, moral and professional qualifications as may be 
prescribed by this chapter and the regulations issued thereunder. 

H. Any person who has been dismissed or dishonorably dis- 
charged from the organized militia of this or any other state or from 
the armed forces of the United States and has not been restored to duty 
or any commissioned officer who was discharged from the national guard 
as a result of the findings of an efficiency examining board or whose 



1957] Chapter 147 159 

resignation from the national guard was accepted by the governor at a 
time when such officer was under arrest or under charges for the com- 
mission of an offense involving moral turpitude or punishable by a court- 
martial shall not be eligible for appointment as a commissioned officer 
in the national guard. 

III. Every commissioned officer shall take and subscribe the 
oaths of office prescribed for officers of the national guard by the laws 
of the United States and by the constitution and laws of this state. 

110-A:23 Examining Boards. 

I. The efficiency, moral character and general fitness for re- 
tention in the national guard of any commissioned officer may be in- 
vestigated and determined by an efficiency examining board. Such board 
shall, whenever practicable, be composed of officers senior in rank to the 
officer under investigation. 

II. The physical fitness for further service of any commis- 
sioned officer in the national guard may be investigated and determined 
by a medical examining board of officers. Whenever practicable, there 
shall be at least one medical officer appointed to the membership of such 
board. 

III. Efficiencj^ and medical examining boards shall be appointed 
by the governor upon the recommendation of the adjutant general. 

110-A:24 Powers and Procedure. Efficiency and medical ex- 
amining boards appointed by the governor are hereby vested with the 
powers of courts of inquiry and courts-martial. Such boards shall follow 
the practice and procedure prescribed by applicable laws of the United 
States and the state and the regulations issued thereunder. Any officer 
ordered to appear before such a board shall be allowed to appear in per- 
son or by counsel, to cross-examine witnesses and to call witnesses in his 
behalf. He shall be allowed full access to records pertinent to his case 
and shall be furnished with copies of the same. Failure to obey an order 
to appear before such examining board shall be sufficient ground for a 
finding by the board that the officer be discharged. If the findings of 
such board are unfavorable to an officer and are approved under the 
applicable statutes and regulations of the United States, if approval be 
thereby required, the governor if he approves the findings of tlie board 
shall relieve the officer from duty and shall give him a discharge in such 
form as may be appropriate; provided, that if the discharge of an officer 
is recommended solely because of physical inability to perform active 
service, such officer may be transferred to the state reserve list or the 
state retired list in accordance with this chapter. 

110-A:25 Loss of Commission, Dismissal. The commission of 
any commissioned officer who absents himself without leave for three 
months may be vacated by the governor upon the recommendation of 



160 Chapter 147 [1957 

the adjutant general. An officer who shall have been absent without leave 
for a period of six months or more shall be dismissed by the governor. 

110-A:26 Resignation. A commissioned officer of the national 
guard may tender his resignation at any time. If the resignation shall be 
accepted, the officer shall receive an honorable discharge, but if the officer 
tendering his resignation shall be under arrest or if charges have been 
preferred against him for the commission of an offense involving moral 
turpitude or punishable by court-martial, he may be given a discharge 
in such form as may be prescribed by regulations. 

110-A:27 Application to Warrant Officers. The provisions of 
the foregoing sections relating to commissioned officers shall apply to 
warrant officers, except that warrant officers who shall have been absent 
without leave for three months may be discharged as may be prescribed 
by the applicable laws of the United States and of this state and the 
regulations issued thereunder. 

110-A:28 Enlistment in the national guard. The qualifications 
for enlistment and re-enlistment, the periods of enlistment, re-enlistment 
and voluntary extension of enlistment, the period of service, the form of 
contract to be executed, the oath to be taken, and the manner and form 
of transfer and discharge of enlisted personnel of the national guard 
shall be those prescribed by the applicable laws of the United States and 
of this state and by the regulations issued thereunder, 

110-A:29 Non-commissioned Officer. All non-commissioned 
officers of the national guard shall be appointed in the discretion of the 
appointing officer upon the nomination of the officer under whose immedi- 
ate command they are to serve. Appointing officers shall be designated in 
regulations issued pursuant to this chapter. The appointment of a non- 
commissioned officer may be terminated as prescribed by regulations 
issued pursuant to this chapter. 

110-A:30 Discharge of Enlisted Men. 

I. An enlisted person may be discharged from the national 
guard prior to the expiration of his term of enlistment under such condi- 
tions as may be prescribed by applicable laws of the United States and 
of this state and by regulations issued thereunder. 

II. An enlisted person discharged from the national guard 
shall receive a discharge in writing in such form and of such type or 
classification as may be prescribed by applicable laws of the United 
States and of this state and by regulations issued thereunder. 

Armories and Other Property 
110-A:31 Armories and other Facilities. 

I. All armories, arsenals, camps, ranges, bases and other facili- 
ties owned, leased or maintained by the state or by the United States 



1957] Chapter 147 161 

for the use of the national guard and all activities conducted therein 
shall be under the general charge and control of and shall be regulated 
by the adjutant general. 

XL The adjutant general may designate an officer to be in 
direct charge of each armory, arsenal, camp, base or other facility. 

III. The officer commanding troops to be encamped may con- 
tract for the use of the land required for a camp at a reasonable rent, 
such power to be exercised only in accordance with regulations issued by 
the adjutant general. 

110-A:32 Storage and Accountability for Property. 

I. When not in use, all public property received by command- 
ing officers and officers in charge shall be kept and stored in the armories 
or other military facilities provided for that purpose. 

II. Commanding officers and officers in charge shall render 
such reports with respect to such property as shall be required in regu- 
lations issued in accordance with this chapter. 

III. Every officer in charge of an armory shall be personally 
responsible for the care and maintenance thereof; and every officer in 
charge and every officer shall be personally responsible for all public 
property in his custody. No such officer shall be relieved of such responsi- 
bility, except that the adjutant general, upon satisfactory proof of the 
proper expenditure of such property or the unavoidable loss or destruc- 
tion thereof may relieve such officer from such responsibility. 

IV. If in his judgment the same shall be necessay to protect 
the interests of the state the adjutant general with the approval of the 
governor may direct that any or all of the officers in charge of armories, 
or commanding officers, shall be required to give bond with respect to the 
public property in his or their custody, said bond to be in such form as 
the adjutant general shall prescribe and the premium thereon to be paid 
from the appropriation for the adjutant general's department. Provided, 
however, that the adjutant general may obtain an adequate indemnity 
bond covering all or any of such officers, in which case the officers so 
covered shall not be required to furnish individual bonds as hereinabove 
provided. 

Construction and Altei-ation of State Armories 
110-A:33 Appropriation. The sum of eight hundred tv/enty-five 
thousand dollars ($S25,000), or so much thereof as may be needed, is 
hereby appropriated for the construction of new state armories and for 
the enlarging and altering of existing state armories; provided, that the 
federal government contributes at least equally with the state in tlie 
costs of such construction, enlarging and altering; and provided, that 
th€ title to any armories constructed by the use of any of the funds 
herein provided shall be vested in the state. In the event that federal 



162 Chapter 147 [1957 

matching funds are not made available as hereinbefore provided, not ex- 
ceeding the sum of one hundred thousand dollars ($100,000) may be ex- 
pended under the provisions hereof, without federal contributions, for 
enlarging or altering existing armories. The sums hereby appropriated 
shall be expended under the direction of the adjutant general with the 
approval of the governor and council. 

110-A:34 Federal Assistance. The governor is hereby author- 
ized to cooperate with and enter into such agreements with the federal 
government, or any agency thereof, as may be deemed desirable to secure 
the participation of the United States Government, through the allot- 
ment of federal funds, in the costs of constructing, enlarging or altering 
armories. 

110-A:35 Funds Authorized. The treasurer is hereby author- 
ized to borrow upon the credit of the state an amount not exceeding 
eight hundred twenty-five thousand dollars ($825,000) to provide the 
funds herein appropriated and for that purpose may issue bonds or 
notes, at such times, in such denominations, and with such rate of in- 
terest, dates of maturity and other provisions as the governor and coun- 
cil shall determine. Such bonds or notes shall be deemed a pledge of the 
faith and credit of the state and such bonds or notes shall be signed by 
the treasurer and countersigned by the governor. The proceeds from 
the sale of such notes or bonds shall be held by the governor, and 
paid out by him upon warrant drawn by the governor, with the advice 
and consent of the council, for the purposes herein set forth alone. The 
secretary of state and the treasurer shall keep account of such bonds or 
notes in the same manner as accounts are kept of other bonds or notes 
of the state. 

110-A:36 Continuing Appropriation. The appropriation made 
hereunder shall be a continuing appropriation and shall not lapse. 

110-A:37 Short Term Notes. Prior to the issuance of the notes 
or bonds herein provided, the treasurer, under the direction of the gov- 
ernor and council, may for said purposes borrow money from time to 
time on short term notes, to be refunded by the issuance of the bonds or 
notes authorized hereunder. 

110-A:38 Town Appropriations. Any town may by vote at an 
annual meeting appropriate a sum of money for the purpose of paying 
the costs of, or contributing toward, purchase of land for a site for a 
new armory located within the limits of said town or located in another 
town within the same armory recruiting area as established by regula- 
tion of the adjutant general. 

110-A:39 Proceeds of Sale. Whenever the governor and coun- 
cil, acting under the authority of RSA 4 : 40 shall, sell, convey or trans- 



1957] Chapter 147 163 

fer 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 33 hereof. Said proceeds are hereby appropriated for the pur- 
poses specified in said section 33, and shall be in addition to the appro- 
priation therein made, to be expended in the manner prescribed in this 
sub-division. 

Non-Military Use of Armories 
110-A:40 Use of Armories by Military Units. All armories shall 
be primarily for the military instruction of the national guard and for 
the storage of military property, but any military unit quartered in an 
armory may use it for athletic and social purposes, and for the financial 
benefit of its organization fund under regulations promulgated by the 
adjutant general and approved by the governor and council. 

110-A:41 Use of Armories by ^Veterans. Organizations of vet- 
erans of the Spanish War, Philippine Insurrection, Boxer Rebellion, 
World War I, World War II and Korean Conflict may use armories for 
meetings, conventions, social and athletic events, and for their financial 
benefit under regulations promulgated by the adjutant general and 
approved by the governor and council. 

110-A:42 Use of Armories for Public Meetings, etc. When such 
use will not interfere with the use by military and veteran organi- 
zations, armories may be used for conventions, meetings, exhibitions, ex- 
positions, and charitable purposes, under such regulations as may be 
promulgated by the adjutant general with the approval of the governor 
and council. 

110-A:43 Rent for Use of Armory. Rent for the use of any 
armory shall be fixed by the adjutant general with the approval of the 
governor and council. It shall be paid to the adjutant general and be 
credited to the armory appropriation. 

Pay and Allowances 
110-A:44 Pay and Allowances. 

I. For each day's service when ordered into the active service 
of the state, each commissioned officer, warrant officer, non-commissioned 
officer and enlisted man of the national guard shall be paid at the same 
rate of pay as that designated in the pay tables of the armed forces of 
the United States for officers, warrant officers, non-commissioned officers 
and enlisted men of corresponding rank and grade and length of service. 

II. Members of the national guard shall not receive from the 
state the pay provided for by this section when such pay is paid from 
federal funds. 

III. Notwithstanding any of the provisions of this chapter, 
members of the national guard may with their consent perform without 



164 Chapter 147 [1957 

pay any type of military duty authorized by this chapter pursuant to 
orders issued by competent mihtary authority, provided that necessary 
traveling expenses, subsistence and per diem allowances may be fur- 
nished such members within the discretion of the adjutant general and 
within the appropriation made therefor. 

110-A:45 Uniform Allowance for Officers. Every commissioned 
officer and warrant officer of the national guard shall provide himself 
with a complete uniform; and every officer and warrant officer so uni- 
formed and in the service on June first in each year shall be then paid 
by the adjutant general twenty-five dollars from tlie appropriation made 
therefor. 

110-A:46 Clerk; Supply Sergeant. Each regimental, group and 
separate battalion sergeant-major and each company or battery clerk and 
supply sergeant who, by virtue of his office as such, perform extra duty 
as defined and designated in regulations of the adjutant general, shall 
receive, in addition to any other pay or allowances, the sum of fifty 
dollars a year, to be paid from the national guard appropriation in equal 
quarterly payments. Each detachment and band clerk and detachment 
and band sergeant performing sucli extra duty shall be paid the sum of 
twenty-five dollars per year. 

Miscellaneous 
110-A:47 Compensation for Injuries. 

I. Any member of the national guard who shall, when on duty 
pursuant to this chapter, receive any wound or injury or shall incur or 
contract any disability or disease, by reason of such duty and without 
fault, neglect or misconduct on his part, wliich shall incapacitate him 
from pursuing his usual business or occupation, shall, during the period 
of such incapacity, be awarded benefits, compensation and medical care 
and attendance as provided for the employees of private employers un- 
der the provisions of the workmen's compensation law. The provisions 
hereof shall not be applicable with respect to any injury or disability or 
disease on account of which the member shall receive compensation or 
other benefits from the federal government. 

IL All claims arising under this section shall be inquired into by 
a board of officers appointed by the governor upon the recommendation 
of the adjutant general. In conducting such proceedings the board shall 
have the same powers as a general court-martial. The findings of the 
board shall be subject to the approval of the governor. 

III. The adjutant general may cause a member of the national 
guard receiving compensation under the provisions of this section from 
time to time during the continuance of his incapacity to submit to 
physical examinations ; and may refer the case at any time to the board 
makino- the original award or to another board constituted in like man- 



1957] Chapter 147 165 

ner, and such board upon such reference may amend or otherwise alter 
the original findings. Such amendment or alteration shall be subject to 
the approval of the governor, and shall be prospective in operation only. 
IV. Awards made hereunder shall be paid from funds in the 
treasury not otherwise appropriated; and the governor shall draw his 
warrant thereon accordingly. 

110-A:48 Right of Way. The commanding officer of any unit of 
the national guard parading or performing any military duty in any 
street or highway may require any or all persons in such street or high- 
way to yield the right of way to said national guard, provided the 
carriage of the United States mail, the legitimate functions of the police 
and the progress and operations of the hospital ambulances, fire engines 
and fire departments shall not be interfered with therebj". All others who 
shall hinder, delay or obstruct any unit of tlie national guard wherever 
parading or performing any military duty, or who shall attempt to do 
so, shall be fined not more than one hundred dollars. 

110-A:49 Trespassers and Disturbers; Camp Regulations. 

I. Any person who shall trespass upon any armory, arsenal, 
camp, range, base or other facility of the national guard or other place 
where any unit of the national guard is performing military duty, or who 
shall in any way or manner interrupt or molest the discharge of his 
military duties by any members of the national guard or of the armed 
forces of the United States or who shall trespass or prevent the passage 
of troops of the national guard or of the armed forces of the United 
States in the performance of their military duties may be placed in 
arrest by the commanding officer of the unit performing such military 
duty at the place where the offense is com.mitted and may be held in 
arrest during the continuance of the performance of such military duty. 

II. The commanding officer of any unit of the national guard 
performing military duty in or at any armory, arsenal, camp, range, base 
or other facility of the national guard or other place where such unit 
is performing military duty may prohibit persons who hawk, peddle, 
vend or sell goods, wares, merchandise, services, food products or liquor 
or beverages from conducting sales or auctions, and may prohibit all 
gambling, within the limits of such armory, arsenal, camp, range, base 
or other facility of the national guard or other place where such unit is 
pei-forming military duty or within such limits not exceeding one mile 
therefrom as he may prescribe. He may, in his discretion, abate as com- 
mon nuisances all such sales, auctions, and gambling. 

110-A:50 Medals and Decorations. The governor shall have au- 
thority to prescribe by regulation state decorations, medals, ribbons, 
badges or other awards for honorable service in the national guard ; and 



166 Chapter 147 [1957 

the same may be issued to members of the national guard thereto in 
accordance with such regulations. 

110-A:51 Motor Vehicles of the National Guard. The adjutant 
general shall have authority to }3rescribe and issue, subject to the 
approval of the commissioner of motor vehicles, permanent number 
plates for use on motor vehicles issued to and used for the national 
guard. Said vehicles displaying said number plates shall be deemed to be 
properly registered under the provisions of the motor vehicle laws and 
may be operated upon the highways of the state without further regis- 
tration or other number plates. 

110-A:52 Responsibility for Public Property. 

I. Public property of the state and of the United States shall be 
issued, safeguarded, maintained, accounted for, inventoried, inspected, 
surveyed and disposed of as provided in applicable laws of the United 
States, regulations issued thereunder and regulations issued pursuant to 
this chapter. 

II. When public property is lost, damaged or destroyed 
through the negligence or fault of a member of the national guard, the 
amount determined as the value of such property or the cost of repair- 
ing the same may be collected from any pay or allowance due or to be- 
come due him from the state. 

III. An action may be maintained by tlie state in any court 
having jurisdiction thereof by the attorney general upon the request of 
the adjutant general to recover from a member or former member of 
the national guard found responsible for public property lost, damaged 
or destroyed though his negligence or fault the amount determined as 
the value of such property or the cost of repairing the same. 

Military Justice 
110-A:53 Military Discipline. The system of discipline of the 
national guard shall conform generally to that of the armed forces of 
the United States, and all personnel on duty or in active state service 
shall be subject to the punitive and disciplinary provisions of this chap- 
ter. Trial and punishment by civil authorities shall not bar trial and 
punishment or dismissal from the service by court-martial for any mili- 
tary offense involved. 

110-A:54 Non-Judicial Punishment. 

I. Under such regulations as the governor may prescribe, the 
commanding officer of anj^ detachment, company or higher command 
may, for minor offenses, impose disciplinary punishment upon officers 
and enlisted men of his command without intervention of a court-martial, 
unless the accused demands trial by court-martial. 

II. The disciplinary punishment for officers authorized by this 



1957] Chapter 147 167 

section may include admonition, reprimand, withholding privileges, re- 
strictions to certain specified limits for not to exceed one week and if 
imposed by a general officer, forfeiture of not to exceed one-half of the 
officer's pay for a period not to exceed two weeks. 

III. For enlisted personnel the disciplinary punishment au- 
thorized by this section may include admonition, reprimand, withholding 
of privileges not exceeding one week and when in field training may in 
addition include extra fatigue for not to exceed one week and restrictions 
within certain specified limits for not to exceed one week, but shall not 
include forfeiture of pay or confinement under guard. 

110-A:."S5 Military Offenses. The delinquencies defined in Part 
X of the Uniform Code of Military Justice of the United States are here- 
by declared to be military ofl'enses for which an offender will be 
punished according to law as a court-martial may direct within the 
limitations imposed upon courts-martial of the national guard by the 
laws of the United States. 

110-A:.56 Preferral of Charges. Any member of the national 
guard may prefer charges against any other person subject to the pro- 
visions of this chapter. 

110-A:57 Apprehension. Apprehension is the taking into cus- 
tody of a person. Any person authorized under the regulations govern- 
ing the national guard to apprehend persons subject to this chapter 
may do so upon reasonable belief that an offense has been committed and 
that the person apprehended committed it. 

110-A:58 Arrest and Confinement. 

I. Arrest is the restraint of a person by an order not imposed 
as punishment for an offense directing him to remain within certain 
specified limits. Confinement is the physical restraint of a person. 

II. An enlisted man may be ordered into arrest or confinement 
by any commissioned officer by an order, oral or written, delivered in 
person or through another member of the national guard. A commanding 
officer may authorize warrant officers or non-commissioned officers to 
order enlisted men of his command or subject to his authority into arrest 
or confinement. 

III. An officer subject to this chapter may be ordered into 
arrest or confinement only by a commanding officer to whose authority 
he is subject, by an order, oral or written, delivered in person or by an- 
other officer. The authority to order officers into arrest or confinement 
may not be delegated. 

IV. No person shall be ordered into arrest or confinement ex- 
cept for probable cause. 

V. Nothing in this section shall be construed to limit the au- 



168 Chapter 147 [1957 

thority of persons authorized to apprehend offenders to secure the cus- 
tody of an alleged offender until the proper authority may be notified. 

110-A:59 Order into Arrest. Any person subject to this chap- 
ter charged with an offense hereunder shall be ordered into arrest or 
confinement as circumstances may require ; but when charged only with 
an offense normally tried by summary court-martial, such person shall 
not ordinarily be placed in confinement. When any person subject to this 
chapter is placed in arrest or confinement prior to trial, immediate steps 
shall be taken to inform him of the specific wrong of which he is accused 
and to try him or dismiss the charges and release liim. 

1I0-A:60 Commitment. 

I. No provost marshal or commander of a guard shall refuse 
to receive or keep any prisoner committed to his charge by an officer of 
the national guard, when the committing officer furnishes a statement 
signed by him of the offense charged against the prisoner. 

II. Every provost marshal or commander of a guard to whose 
charge a prisoner is committed shall, within twenty-four hours after 
such commitment, report to the commanding officer the name of such 
prisoner, the offense charged against him, and the name of the person 
who ordered or authorized the commitment. 

110-A:61 Military Court. The military courts of the national 
guard shall be courts of inquiry, general courts-martial, special courts- 
martial and summary courts-martial. Such courts shall be constituted 
like, and have cognizance of the same subjects and possess like powers 
except as to punishment as similar courts provided for by the laws and 
regulations governing the armed forces of the United States; and the 
poceedings of courts-martial of the national guard shall follow the 
forms and modes of procedure prescribed for said similar courts except 
as expressly modified by this chapter. 

110-A:62 Courts of Inquiry. A court of inquiry to investigate 
any matter may be convened by the governor whether or not the persons 
involved have requested such investigation. Such court shall be composed 
of one or more officers. A court of inquiry shall, without delay, report 
to the governor a statement of the facts of the matter under investiga- 
tion and, when required, the evidence adduced and an opinion with recom- 
mendations thereon. The procedure to be followed by such courts shall 
be as nearly as may be that prescribed for courts of inquiry of the 
armed forces of the United States, as directed by regulations issued un- 
der the authority of this chapter. 

110-A:63 General Courts-Martial. General courts-martial may 
be convened by orders of the President of the United States or of the 
governor, and such courts shall have power to impose fines not exceeding 



1957J Chapter 147 169 

two hundred dollars; to sentence to forfeiture of pay and allowances; to 
a reprimand ; to dismissal or dislionorable discharge from the service ; to 
reduction of non-commissioned officers to the ranks ; or any two or more 
of such punishments may be combined in the sentence. 

110-A:64 Special Courts-Martial. The commanding officer of 
each post, camp or other place, brigade, group, regiment, detached bat- 
talion 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 
this chapter, except a commissioned officer, for any crime or offense 
made punishable by the military laws of the United States and of this 
state, and such special courts-martial shall have the same powers of 
punishment as general courts-martial, except that fines imposed by such 
courts shall not exceed one hundred dollars. 

110-A:65 Summary Courts-Martial. The commanding officer of 
each camp or other place, regiment, group, corps, detached battalion, 
company or other detachment of the national guard may appoint for 
such place or command a summary court-martial to consist of one officer 
who shall have power to administer oaths and to try the enlisted 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 enlisted man, may impose fines not exceeding twenty-five dollars 
for any single offense; may sentence non-com.missioned officers to re- 
duction to the ranks; and may sentence to forfeiture of pay and allow- 
ances. The proceedings of such courts shall be informal and the minutes 
thereof shall be the same as prescribed for summary courts of the armed 
forces of the United States. 

110-A:66 Confinement in Lieu of Fine. All courts-martial of 
tlie national guard, including summary courts-martial, shall have the 
power to sentence to confinement in lieu of fines authorized to be im- 
posed; provided, that such sentences of confinement shall not exceed one 
day for each dollar of fine authorized. 

110-A:67 Review. 

I. No sentence imposed by a general court-martial shall be 
ordered into execution until aj^proved by the governor. 

II. No sentence imposed by a special court-martial or by a 
summary court-martial shall be ordered into execution until approved 
hy the authority appointing the court. 

110- A: 68 Powers of Officers. 

I. Presidents of courts-martial and summary court officers 
shall have power to issue warrants to arrest accused persons and to bring 



170 Chapter 147 [1957 

them before the courts for trial whenever such persons shall have dis- 
obeyed an order in writing from the convening authority to appear be- 
fore such court, a copy of the charge or charges having been delivered 
to the accused with such order., and to issue subpoenas duces tecum and 
to enforce by attachment attendance of witnesses and the production of 
books and papers and to sentence for a refusal to be sworn or to answer 
as provided in actions before the superior court. 

II. Such officers, in addition, are authorized and empowered to 
issue all other process, including writs and warrants, necessary and 
proper to carry into full effect the powers vested in said courts. 

III, The process herein authorized shall be directed to an 
officer qualified by the laws of this state to serve criminal process; and 
such process shall be in such form as may from time to time be pre- 
scribed by regulations issued under this chapter. 

110-A:69 Execution of Sentences. 

I. Fines may be paid to a military court or to an officer execut- 
ing its process. The amount of any fine imposed may be noted upon any 
state roll or account for pay of the delinquent and deducted from any 
pay or allowance due or thereafter to become due him, until said fine is 
liquidated ; or the same may be collected with lawful costs of collection, 
as in the case of executions issued in actions founded upon torts. Fines 
shall be paid over to the state treasurer and credited to the national 
guard appropriation. 

II. A person sentenced to confinement may be committed by 
appropriate process over the hand of the president or summary court 
officer to any jail or house of correction within the state. The jailer or 
keeper of the jail or house of correction to which such process is directed 
shall receive and detain the prisoner in the same manner as if he had 
been sentenced by the superior court sitting in the county where such 
jail or house of correction is located. The charge for keeping the prisoner 
shall be paid from national guard funds. 

110- A: 70 Witnesses. 

I. Witnesses may be summoned before courts-martial and 
courts of inquiry and they shall receive the fees allowed in the superior 
court. Witnesses shall be subject to the penalties for non-appearance that 
are prescribed in the case of witnesses before said superior court, and 
depositions taken according to law may be used. 

II. The accused shall be entitled to subpoenas for witnesses in 
his behalf, and their fees shall be paid by the state. 

110-A:71 Stenographer. The president of a court-martial or of 
a court of inquiry is authorized at his discretion, in any case, to employ 
a stenographer to report the proceedings of said court, who shall be paid 
the same as stenographers employed in the superior court. 



1957] Chapter 147 171 

110-A:72 Jurisdiction; Exemption. 

I. No action or proceeding shall be prosecuted or maintained 
against a member of a military court, or officer or person acting under 
its authority or reviewing its proceedings, on account of the appoval or 
imposition or execution of any sentence, or the imposition or collection 
of a fine or penalty, or the execution of any warrant, writ, process or 
mandate of a military court. 

II. The jurisdiction of the courts and boards established by 
this chapter shall be presumed, and the burden of proof shall rest on 
any person seeking to oust such courts or boards of jurisdiction in any 
action or proceeding. 

110-A:73 Short Title. This subdivision shall be known and may 
be referred to in papers and other documents as "The Code of Military 
Justice." 

General Provisions 
110-A:74 Administration of Oaths. All commissioned oflicers 
of the national guard shall have power to administer oaths for the pur- 
pose of the administration of military justice and for other purposes of 
military administration. 

110-A:75 Discrimination Forbidden. 

I. It is hereby declared to be the policy of the state that there 
shall be equality of treatment and opportunity for all persons in the 
national guard without regard to race, creed, color or national origin. 

II. No person shall wilfully deprive a member of the national 
guard of his employment, or deny him employm.ent, or discriminate 
against him with respect to his employment, or prevent his being em- 
ployed by another, or obstruct or annoy him or his employer in respect 
of his trade, business or employment because of his connection with the 
national guard, or because of his necessary absence from business in 
performance of his duty as such; and no person shall dissuade any per- 
son from enlisting in said national guard by threat of injury to him in 
respect of his employment, trade or business, or of other injury if he 
shall so enlist. Any person violating the provisions of this paragraph 
shall be fined not more than five hundred dollars or be imprisoned for 
not more than six months, or both. 

110-A:76 No Liability for Injury. If any person or persons re- 
sisting tlie laws of the state, or unlawfully or riotously assembled, shall 
be injured or killed by any of the national guard called out for service 
in such cases, every member of the national guard so called out shall be 
discharged from all civil or criminal liability therefor. 

110-A:77 Relief, Privileges and Immunities. 

I. Members of the national guard performing any military 



172 Chapter 147 [1957 

service pursuant to this cliapter shall not be liable civilly for any act or 
acts done by them in the performance of their duty, but any person in- 
jured in his person or property by any member of the national guard 
performing- an}' military service pursuant to this chapter shall have the 
right by petition brought in the superior court for the county wherein 
such person resides or where the injury was suffered to compensation 
for damages so sustained if the superior court finds that such damages 
were suffered through the reckless, negligent or unlawful act of such 
member, subject to the defenses generally applicable in civil actions. 
The petition shall name tlie member involved and the adjutant general 
as party defendants and shall be served on the adjutant general only in 
the same manner as any writ and the action shall be tried by the court 
without a jury. The superior court shall have jurisdiction to enter judg- 
ment against the state for the amount of the damages found to liave 
been suffered, and said judgment, except to the extent that the liability 
is covered by insurance, shall be paid from such funds of the depart- 
ment as are available for the purpose ; otherwise by order of the gover- 
nor and council from any funds in the treasury not otherwise appropri- 
ated. The provisions of this section shall not apply in any case where 
liability is assumed by the United States, to the extent to such assump- 
tion of liability. 

II. When an action or proceeding of this nature shall be com- 
menced in any county by any person against any member of the national 
guard for any act done by him. in his official capacity in the discharge of 
any duty under this chapter, or an alleged ommission by him to do an 
act which it was his duty to perform, or against any person acting 
under the authority or order of any officer of the national guard, the 
adjutant general shall make an investigation of the case and shall re- 
quest that the attorney general or the judge advocate general appear and 
represent the member and the adjutant general, and in such case it 
shall be the duty of the attorney general or the judge advocate general 
so to appear and defend without cost to the member. 

III. Members of the national guard shall, except for treason, 
felony and breach of the peace, be privileged from arrest and imprison- 
ment while under orders in the active service of the state, from the 
date of the issuing of such orders to the time w^hen such service shall 
cease, or while going to, remaining at or returning from, any place at 
which he may be required to attend military duty. 

IV. The reports and communications of all officers and mem- 
bers of the national guard in the line of their military duty addressed 
to their superiors shall be privileged communications, and shall not be 
competent evidence against the writer in any civil or criminal action in 
the courts of the state. 

V. No person belonging to the national guard of the state shall 
be arrested on any civil process while going to, remaining at, or return- 



1957] Chapter 147 173 

ing from any place at which he may be required to attend for military 
duty. 

110-A:'78 Insurance. The adjutant general is authorized to 
effect such insurance upon property of the United States, in the hands 
of the state for the use of the national guard, as he may deem advisable. 
The governor, with the advice and consent of the council, is authorized 
to draw his warrant upon any money in the treasury available for mili- 
tary purposes, or not otherwise appropriated, for such sums as may be 
necessary to carry out the provisions of this section. 

110-A:79 School Drill. Cities and town are authorized to in- 
clude military drill and physical exercises in the courses of instruction 
provided by them in the public schools, and may appropriate for such 
purposes such sums as they may see fit. 

110-A:80 Unauthorized Wearing- of Official Uniforms. Any 

person who, without authority under the laws of the United States of 
this state, wears the uniform or a distinctive part thereof, or a uniform 
or a part thereof similar to the uniform of the national guard of this 
state, or of another state, or of the United States army, navy, marine 
corps, coast guard or air force, or any auxiliary thereof, shall be fined 
not more than three hundred dollars or im.prisoned for not more than six 
months, or both. As used in this section the terms "uniform" or "part" 
or "distinctive part" of a uniform shall not include such articles of wear- 
ing apparel as shoes, socks, shirts, ties, scarves, trousers, overalls, rain- 
coats, field jackets and headgear, from which the service buttons, in- 
signia, or other distinctive marking have been removed. 

147:2 Repeal. RSA 110 as amended by 1955, 40:1; 1955, 55; 
1955, 70 ; 1955, 127 and 1955, 25*2, relative to the state militia is hereby 
repealed. Provided, however, that the repeal of RSA 110:93-97 and the 
reenactment of the same provisions as RSA 110-A:33-37 relative to 
appropriations for armories and the issuance of bonds therefor shall be 
construed as a continuance of the provisions of said RSA 110:93-97 as 
if no repeal and reenactment had taken place; it being the intention 
hereof that the provisions relative to said appropriation and the issu- 
ance of said bonds are a continuing provision and not an additional appro- 
priation and nothing herein shall be construed as affecting the issuance 
of bonds under said RSA 110:93-97 as reenacted as RSA 110-A:33-37. 

147:3 Interstate Bridges. Amend RSA by inserting after chap- 
ter 258 the following new chapter: 

Chapter 258-A 
Military Defense of Interstate Bridges. 
258-A :1 Interstate Agreements. Tn order equitably to allocate 
responsibilities between this and adjoining states for the securitv of in- 



174 Chapter 148 [1957 

terstate bridges and other interstate structures and facilities, in time of 
war or military emergency or when hostile destructive acts on the part 
of enemy agents have occurred, are anticipated, or are suspected, the 
governor is hereby authorized to negotiate and to enter into formal 
agreements with the governors of the commonwealth of Massachusetts 
and of the states of Maine and Vermont relative to the protection of 
such interstate bridges, structures and facilities, provided such other 
states are authorized to enter into similar defensive agreements. Such 
agreements shall set forth the specific interstate bridges, structures or 
facilities for which each state is to provide military protection, if re- 
quired by war or military emergency, or if requested under such circum- 
stances by the appropriate authorities of the armed forces of the United 
States. The agreements may authorize the entrance into and the con- 
tinued presence within this state of the military forces of such other 
states whenever and to such extent as may be required to carry out the 
purposes of this chapter. A copy of each such interstate agreement shall 
be furnished by the adjutant general to such persons as he may deem 
necessary. 

147:4 Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1957.] 
[Effective date May 29, 1957.] 



CHAPTER 148. 

AN ACT RELATIVE TO VICIOUS DOGS. 

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

148:1 Complaints; Court Hearing. Amend RSA 466:31 by strik- 
ing out said section and inserting in place thereof the following: 466:31 
Vicious Dogs. Any person who considers a dog to be vicious or a menace 
to persons or property without the enclosure of its owner or keeper may 
make complaint to the chief of police of the city or to the selectmen of 
the town in which sucli dog is kept, and such officers shall, within three 
days after the receipt of such complaint, investigate the case, and, if 
the complaint is sustained, shall forth witli order the owner or keeper of 
such dog to muzzle or restrain such dog from running at large as the 
case may require. Service of such order shall be made upon the owner 
or keeper of such dog by causing a certified copy of such order to be de- 
livered to him. Any owner or keeper upon whom notice of such order has 
been served, may, within ten days thereafter, bring a petition in the 
municipal court for the town or city, praying that the order be reviewed 
by the court. After notice to the investigating officers, and upon hearing, 
the court shall affirm, modify or dismiss such order, as justice may re- 



1957] Chapter 149 175 

quire. During- the pendancy of such action and the order of the justice of 
the municipal court the owner or keeper of such dog- shall muzzle or re- 
strain such dog- fromi running at large. Any person who neglects to muzzle 
or restrain such dog from running- at large, in compliance with orders 
hereunder shall be fined not more than twenty-five dollars, the dog taken 
into custody by the police of the city or constable of the town and such 
disposition made of the dog as the court may order, 

148:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 29, 1957.] 

[Efl"ective date July 28, 1957.] 



CHAPTER 149. 



an act relative to the salaries of the treasurers of 
Rockingham and Sullivan Counties. 

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

149:1 Rockingham and Sullivan County Treasurers. Amend RSA 
29:14 (supp) as inserted by 1955, 172:2 and 1955, 247:3 by striking out 
the words "eight hundred" in line 4 and inserting in place thereof the 
words, one thousand, and by striking out the word "four" in line 11 and 
inserting in place thereof the word, five, so that said section as amended 
shall read as follows: 29:14 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, one thousand 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, five 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. 

149:2 Takes Effect. This act shall take effect as of January 1, 
1957. 

[Approved May 29, 1957.] 
[Effective date January 1, 1957.] 



176 Chapter 150 [1957 

CHAPTER 150. 

AN ACT RELATIVE OF THE COMPUTATION OF TAX ON LEGACIES AND 
SUCCESSIONS. WHERE PROPERTY IS HELD JOINTLY. 

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

150:1 Deductions. Amend RSA 86:8 by adding at the end of said 
section the words, and the survivor shall file with the director of the 
inheritance tax division of the state tax commission, upon a form pre- 
scribed by the director, a report of all transfers of real and personal 
property held in the joint names of the deceased joint tenant and the 
survivor and shall satisfy the director as to the amounts paid by such 
survivor from said property for necessary expenses of the funeral of 
the deceased joint tenant, expenses of the last sickness and medical ex- 
penses of said deceased joint tenant. In the computation of the tax under 
this chapter the director of the inheritance tax division of the state tax 
commission shall deduct from the value of the property so reported such 
amounts as the director shall determine were paid from said property 
for such funeral expenses, expenses of last sickness and medical ex- 
penses, so that the same as amended shall read as follows: 86:8 Joint 
Ownership. Whenever property, real or personal, is held in the joint 
names of two or more persons, or is deposited in banks or otlier de- 
positaries in the joint names of two or more persons and payable to 
either or the survivor, upon the death of one of such persons, the right 
of the survivor to the immediate ownership or possession and enjoyment 
of such property shall be deemed a transfer taxable under the provisions 
of this chapter, in the same manner as though the whole property to 
which such transfer relates was owned by said parties as tenants in 
common and had been devised or bequeathed to the survivor by such de- 
ceased joint owner, and the survivor shall file with the director of the 
inheritance tax division of the state tax commission, upon a form pre- 
scribed by the director, a report of all transfers of real and personal 
property held in the joint names of the deceased joint tenant and the 
survivor and shall satisfy the director as to the amounts paid liy such 
survivor from said property for necessary expenses of the funeral of 
the deceased joint tenant, expenses of the last sickness and medical ex- 
penses of said deceased joint tenant. In the computation of the tax un- 
der this chapter the director of the inheritance tax division of the state . 
tax commission shall deduct from the value of the property so reported 
such amounts as the director shall determine were paid from said prop- 
erty for such funeral expenses, expenses of last sickness and medical 
expenses. 

150:2 Takes Effect. This act shall take effect sixty days after 
its passage. 

[Approved May 31, 1957.] 
[Effective date July 30. 1957.] 



1957] Chapters 151, 152 177 

CHAPTER 151. 

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

ANIMALS. 

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

151:1 Fur-bearing Animals; Open Season. Amend RSA 210:1 
(supp) as amended by 1955, 65:1 and 97:1 by striking- out said section 
and inserting- in place thereof the following: Otter, Mink, etc. Otter, 
mink, skunk, or muskrat may be taken and possessed from October 
twentieth to February first in Coos County. Otter, mink, skunk, or 
muskrat may be taken and possessed from November first to February 
first in all the other counties of the state. In addition to the above open 
seasons 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 5. 

151:2 Takes Effect. This act shall take effect as of October 1, 
1957. 

[Approved May 31, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 152. 

AN ACT RELATIVE TO BALLOTING FOR TOWN MANAGER. 

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

152:1 Town Manager Plan. Amend RSA 37:15 by striking out 
said section and inserting in place thereof the following: 37:15 Ballot 
Vote on Adoption and Discontinuance. Whenever an article has been 
inserted in the warrant for the annual meeting of any town, village dis- 
trict or precinct, calling for consideration of the question of adopting the 
provisions of this chapter, the following question shall be submitted to 
the voters at such meeting: "Do you favor adoption of the town mana- 
ger plan as provided in chapter 37 of the Revised Statutes Annotated ?" 
In towns, village districts or precincts having an official ballot the clerk 
shall cause this question to be printed on the official ballot and the voting 
on this question shall be taken up at the opening of the polls and carried 
on simultaneously with the balloting for town officers. In towns, village 
districts or precincts which do not have an official ballot the clerk shall 
cause to be prepared in advance of such meeting a printed ballot con- 
taining the above question and in either method the question shall be 
followed by the words "Yes" and "No" with boxes after each, in which 
the voter may mark his choice. Such balloting arrangement shall be used 



178 Chapters 153, 154 [1957 

at all meetings voting- on such question pursuant to sections 11 and 14 
hereof. The polls shall remain open for at least three hours at any meet- 
ing balloting on such question. In voting on the question of revoking the 
provisions of this chapter in any town, village district or precinct pur- 
suant to section 13 hereof, the balloting procedure prescribed by this 
section shall govern, except that the question appearing on the printed 
ballot shall be as follows : "Do you favor the continuation of the town 
manager plan as now in force in this town?" If a majority of the voters 
present and voting in a town, village district or precinct on this question 
signifies disapproval of this question the town manager plan will be 
deemed to be revoked therein. 

152:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 31, 1957.] 
[Effective date July 30, 1957.] 



CHAPTER 153. 



AN ACT RELATIVE TO DATE OF ANNUAL ASSESSMENT IN 
UNINCORPORATED PLACES. 

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

153:1 Unincorporated Places. Amend RSA 81:2 (supp) as in- 
serted by 1955, 224:1 by striking out the word "January" in the last line 
thereof and inserting in place thereof the word, July, so that said sec- 
tion as amended shall read as follows: 81:2 Annual Assessment. The 
tax commission shall annually assess the real estate in each unincorpo- 
rated or unorganized 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 be- 
fore July first of each year. 

153 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 31, 1957.] 
[Effective date July 30, 1957.] 



CHAPTER 154. 

AN ACT RELATIVE TO DOGS AT LARGE. 

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

154:1 Dogs. Amend RSA 466:33 by inserting after the word 
"year" in the fourth line the words, provided that bear or bobcat may be 



1957] Chapter 155 179 

hunted between April first and June first with dogs under owner's con- 
trol and supervision, so that said section as amended shall read as 
follows : 

466:33 Dogs at Large. It shall be unlawful for the owner or cus- 
todian of any self-hunting dog to permit such a dog to run at large in 
territory inhabited by game birds or quadrupeds, or on lands where sheep 
are pastured, between April first and September first of any year, pro- 
vided that bear or bobcat may be hunted between April first and June 
first with dogs under owner's control and supervision. Provided that any 
organized club may hold an American Kennel Club licensed or sanctioned 
field trial on game which is otherwise protected. Said club shall secure 
permission from the owner of the land on which said trial is to be held, 
and shall notify the director of the fish and game department, at least 
two weeks in advance, of the date and place of the trial. Whoever violates 
the provisions of this section shall be fined not more than twenty dollars. 

154:2 Takes Effect. This act shall take effect April 1, 1957. 
[Approved May 31, 1957.] 
[Effective date April 1, 1957.] 



CHAPTER 155. 



AN ACT RELATIVE TO CERTAIN TRANSFERS FROM THE EMPLOYEES' 
RETIREMENT SYSTEM TO THE FIREMEN'S RETIREMENT SYSTEM. 

Be it enacted by the Senate and House of Rep7-esentatives in General 
Court convened: 

155:1 Permanent Firemen. Amend RSA 102 by inserting at the 
end of said chapter the following new subdivision: 

Transfer of Membership from State Employees' 
Retirement System 

102 :25 Transfer Authorized. Any permanent fireman who is a 
member of the state employees' retirement system on July 1, 1957, and 
who is eligible for membership in the firemen's retirement system, 
hereinbefore set forth, may elect within three months after said date to 
transfer his membership from the state employees' retirement system 
to the firemen's retirement system in accordance with the provisions of 
RSA 100:21 to 27, relative to transfers of membership between state 
retirement systems, anything in said subdivision to the contrary not- 
withstanding. 

102 :26 Transfer of Reserves. Upon transfer of membership of 
a permanent fireman from the state employees' retirement system to the 
firemen's retirement system under the provisions of this subdivision, in 
addition to the transfer of his accumulated contributions under the pro- 



180 Chapter 156 [1957 

visions of RSA 100:23, the reserve for benefits accrued under the state 
employees' retirement system provided by the em^Dloyer's contributions 
on account of his service rendered prior to the date of such transfer, 
actuarially computed, shall be transferred from the state employees' re- 
tirement system to the firemen's retirement system. 

102 :27 Benefits. Any provision of RSA 100 :24 notwithstanding 
any permanent fireman whose membership has been transferred from 
the state employees' retirement system to the firemen's retirement 
system in accordance with the provisions of this subdivision shall there- 
after be eligible for such benefits as are provided under this chapter, as 
hereinabove amended, as if he had accepted the provisions of said chap- 
ter at the time of becoming a member of the state employees' retirement 
system. 

155:2 Takes Effect. This act shall take eff"ect as of July 1, 1957. 
[Approved May 31, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 156. 



an act relative to the salary of the sheriff of 
Strafford county. 

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

156:1 County Sheriffs. Amend RSA 104:29 (supp) as amended by 
1955, 172:1, 247:1, by striking out the word "one" in the fourth line 
and inserting in place thereof the word, two, so that said section as 
amended shall read as follows: 104:29 Salaries of Sheriffs. The 
annual salaries of the sheriffs of the several counties shall be as follows : 
In Rockingham, fifteen hundred dollars. 
In Strafford, two 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. 
156:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 31, 1957.] 
[Effective date May 31, 1957.] 



1957] Chapters 157, 158 181 

CHAPTER 157. 

AN ACT RELATIVE TO A SPECIAL ACCOUNT FOR USE BY THE FISH 
AND GAME DIRECTOR. 

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

157:1 Special Account for the Fish and Game Department. The 

special account as provided in chapter 43, Laws of 1955, for establish- 
ment of an elk herd in the northern counties of the state is hereby trans- 
ferred to a special account to be expended by the fish and game director 
with the advice and consent of the fish and game commission for the 
purpose of small game. 

157:2 Application of Statute. Anything contained in 1955, 43:1 
inconsistent with provisions hereof is hereby repealed to the extent of 
such inconsistency, 

157:3 Takes Effect. This act shall take effect on its passage. 
[Approved May 31, 1957.] 
[Effective date May 31, 1957.] 



CHAPTER 158, 



AN ACT RELATIVE TO THE ACCEPTANCE OF GIFTS TO THE STATE 
LIBRARY FOR LIBRARY PURPOSES. 

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

158:1 State Library. Amend RSA 201 by inserting after section 
13 the following new section: 201:13-a Gifts. The commission is 
hereby authorized to receive at any time such sums of money as may be 
donated for the purpose of purchasing books or other supplies or facili- 
ties for the state library and money so received shall be converted into a 
continuous fund or funds to be held by the state treasurer from which 
payments shall be made in accordance with the stipulations of the donor 
upon warrant of the governor for such purposes as are approved by the 
commission. 

158:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 31, 1957.] 
[Effective date July 30, 1957.] 



182 Chapters 159, 160 [1957 

CHAPTER 159. 

AN ACT PROHIBITING CERTAIN LIGHTS ALONG A HIGHWAY. 

Be it emicted by the Senate and House of RepresentaHves in Geyieral 
Court convened: 

159:1 Lights Along Highways. Amend RSA 249 by inserting 
after section 49, as inserted by 1955, 135:1 the following new section: 
249:50 Prohibition. It shall be unlawful to place any light along a 
highway so positioned as to blind or dazzle the vision of travelers on the 
adjacent highway. The commissioner of public works and highways shall 
enforce provisions of this section for lights along Class I, II or III high- 
ways and the selectmen shall enforce the provisions hereof on Class IV, 
Class V and VI highways. Whenever a person shall violate the provisions 
of this section he shall be given written notice to correct the location 
of the light. If he does not so correct the location of the light within a 
period of thirty days from the date of written notice to do so, he shall 
be prosecuted for violation of the provisions hereof. Whoever violates 
any provision of this section shall be fined not more than one hundred 
dollars and shall cease all operation of such offending light. 

159 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 31, 1957.] 
[Effective date July 30, 1957.] 



CHAPTER 160. 



AN ACT RELATIVE TO SPECIAL PARKING PRIVILEGES FOR PERSONS WITH 
SO-CALLED WALKING DISABILITY. 

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

160:1 Motor Vehicles. Amend RSA 260 by inserting after section 
18 the following new section: 260:18-a Vehicles for Persons with 
Walking Disability. The commissioner shall furnish without charge for 
every motor vehicle owned by a person with a walking disability who has 
an operator's license to operate said vehicle a card or tag which may be 
attached to the visor or otherwise of said motor vehicle so that it may 
be read through the windshield when said motor vehicle is parked, pro- 
vided said person shall furnish proof satisfactory to the commissioner 
of such disability. The term "walking disability" as used in this section 
shall mean inability to walk without the assistance of crutches, canes, 
braces, artificial limbs or other similar walking aids, or designating con- 
finement to a wheelchair. The commissioner shall determine the form, 
shape and color of said identification tag or card and shall also determine 



1957] Chapter 161 183 

the information to be contained on said card. If the police of a town or 
city shall find that said tag- or card is being improperly used they may 
report to the commissioner any such violation and said commissioner 
may, in his discretion, revoke said privilege. 

160:2 Parking Privileg-es. Amend RSA 249 by inserting- after sec- 
tion 4 the following new section: 249:4-a Person With Walking Dis- 
ability. Any motor vehicle carrying the identification tag or card issued 
to a person with a walking disability under RSA 260:18-a shall be allowed 
free parking time in anj' city or town for a continuous period of not 
more than twenty-four hours at one time. 

160:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 6, 1957.] 
[Effective date August 5, 1957.] 



CHAPTER 161. 

AN ACT RELATIVE TO CARRYING CERTAIN PASSENGERS IN TRUCKS. 

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

161:1 Carrying Passengers in Trucks. Amend RSA 263:80 by in- 
serting after the word "transportation" in the second line the words, 
under such rules and regulations as shall be promulgated by the motor 
vehicle commissioner; further amend said section by inserting after the 
word "or" in the fourth line the words, prevent the transportation of, so 
that said section as amended shall read as follows: 263:80 Nothing 
in section 79 shall be constructed to prevent the transportation under 
such rules and regulations as shall be promulgated by the motor vehicle 
commissioner of those enrolled at summer camps or students, teachers, 
or employees of colleges and schools when it is for recreational or re- 
ligious purposes; or prevent the transportation of employees of any 
town, city, county or the state, federal government, or any agency there- 
of, or of employees of the owner of such vehicle when in the course of 
going to or from their place of employment; or when transportation 
is in a vehicle approved by the motor vehicle commissioner under sec- 
tion 27. 

161 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 6, 1957.] 
[Effective date August 5, 1957.] 



184 Chapter 162 [1957 

CHAPTER 162. 

aN act relative to establishing a road through Wadleigh park in 
Sutton as a recreational road. 

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

162:1 Road in Sutton. Amend RSA 231:6 as amended by 1957, 
99:1 by inserting- after the word "Gilford" in the sixth Hne the words, 
the road from Route 114 at North Sutton village to and through Wad- 
leigh State Park to the western boundary of said park on the lake front 
highway, so that said section as amended shall read as follows: 231:6 
Class III Recreational Roads. The department of public works and high- 
ways shall assume full control of reconstruction and maintenance of 
roads designated by the forestry and recreation commission and highway 
commissioner within the following state reservations and rights of way 
thereto, and such roads shall be known as recreational roads; Belknap 
State Reservation in the town of Gilford; the road from Route 114 at 
North Sutton village to and through Wadleigh State Park to the west- 
ern boundary of said park on the lake front highway ; Cathedral Ledge 
State Reservation in the towns of Conway and Bartlett; the Arethusa 
Falls road in the town of Hart's Location ; Pillsbury State Reservation in 
the town of Washington; White Lake State Park in the town of Tam- 
worth ; Pawtuckaway State Reservation in the towns of Nottingham and 
Deerfield; Milan Hill State Park in the town of Milan; Cardigan State 
Reservation in the town of Orange ; Kearsarge State Reservation in the 
town of Wilmot; Mt. Sunapee State Park in the town of Newbury; Rho- 
dodendron State Reservation in the town of Fitzwilliam; Bear Brook 
State Reservation in the towns of Deerfield, Hooksett, Allenstown and 
Candia; and the road formerly known as the Kearsarge Mountain Toll 
road in the town of Warner, extending from the original toll gate 
location to its terminus near the summit of Kearsarge Mountain; and 
Monadnock State Forest Reservation in the town of Jaffrey, and the 
road to the beach development at Mt. Sunapee State Park in the town 
of Newbury, and the road from Route 116, so called, to Forest Lake 
State Park in the towns of Whitefield and Dalton. The cost of recon- 
struction and maintenance shall be a charge upon the highway funds. 
This section shall not be construed as affecting the control of the forestry 
and recreation department over parking areas or other facilities within 
said reservations, 

162:2 Takes Effect. This act shall take effect upon its passage. 

[Approved June 6, 1957.] 

[Effective date June 6, 1957.] 



1957] Chapter 163 . 185 

CHAPTER 163. 

AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION, FOR LEASE-PURCHASE 

CONTRACT ON BEHALF OF THE STATE FOR AN OFFICE BUILDING FOR 

THE DIVISION OF EMPLOYMENT SECURITY. 

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

163:1 Office Building for Division of Employment Security. The 

director of the division of employment security is hereby authorized, 
with the approval of the g-overnor and council, to negotiate and enter 
into a lease-purchase contract on behalf of the state for the purposes of 
leasing and acquiring land and buildings for use and occupancy as an 
office building for the division of employment security; provided that 
when the terms of said lease-purchase contract have been complied with 
the title to said land and buildings shall be in the state of New Hamp- 
shire. Further provided that the provisions of RSA 228, relative to 
general powers and duties of the departm.ent of public works and high- 
ways over state construction projects, shall not apply to the project 
authorized hereunder. 

163:2 Federal Assistance. The director of the division of employ- 
ment security is hereby authorized to cooperate with and enter into such 
agreements with the federal government, or any agency thereof, as may 
be necessary to secure federal funds in connection with the purposes 
hereof. 

163:3 Funds Provided. All sums received for rent for central 
office space for the division of employment security granted to said de- 
partment under Title III of the Social Security Act shall be used under 
the terms of such grant for the payments required under any contract 
entered into as provided in section 1 hereof. The director of the division 
of employment security is authorized to requisition and receive from the 
state treasurer, as custodian of funds received from the federal govern- 
ment for purposes of said division, such sums received for rent as may 
be necessary to provide funds for the project hereunder, in the manner 
permitted by federal law. 

163:4 GoveiTior and Council; Authority to Use State Funds. On 

notice by the director of the division of employment security, the gov- 
ernor, with the advice and consent of the council, is hereby authorized to 
draw his warrants, out of funds in the treasury not otherwise appro- 
priated, for such sums as may be necessary for the project hereunder 
only to the extent that sums are unavailable or insufficient under the 
provisions of section 3 hereof. Further provided that in no case shall the 



186 Chapter 164 [1957 

appropriation of state funds hereunder exceed the amount of four hun- 
dred twenty-five thousand dollars. 

163:5 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved June 6, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 164. 



AN ACT RELATIVE TO ESTABLISHMENT OF A BOARD OF INSTITUTIONS, 
CORRECTIONS AND HOSPITALS. 

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

164:1 Repeal. RSA 615, establishing a department of corrections, 
and RSA 150, establishing a department of hospitals, are hereby repealed. 

164:2 Advisory Board Established. Amend RSA by inserting 
after chapter 10 the following new chapter: 

Chapter 10-A 
Board of Institutions, Corrections and Hospitals 
10-A:1 Board Established. There shall be an advisory board to 
be known as the board of institutions, corrections and hospitals. The 
board shall consist of seven members chosen as follows: One shall be 
one of the appointed members of the board of trustees of the state 
hospital to be chosen by said appointed members, one shall be one of the 
appointed members of the trustees of the Laconia State School to be 
chosen by said appointed members, one shall be one of the designated 
members of the trustees of the state sanitorium to be chosen by said 
designated members, one shall be one of the members of the board of 
managers of the soldiers home to be chosen by the board, one shall be 
one of the appointed members of the board of trustees of the state prison 
to be chosen by said appointed members, one shall be one of tlie appointed 
members of the board of trustees of the industrial school to be chosen 
by said appointed members and one shall be one of tlie members of the 
board of probation to be chosen by said board. 

10-A:2 Duties. Said board sliall meet once each year or at 
other times at the call of either the chairman of the board or the gover- 
nor. Said board shall be advisory only and shall consider matters relative 
to the various institutions of the state as may be brought before it. 
It may make recommendations to the various governing boards of the 
institutions or to the general court. 

10-A:3 Organization. At the first meeting of said board, to be 
called by the governor, the board shall organize by the election of a chair- 
man and a clerk. 



1957] Chapter 165 187 

164:3 Present Members of Boards. The terms of office of the 
members of the board of control of the department of hospitals and of 
the members of the board of control of the department of corrections 
are hereby terminated as of the date of the passage of this act. 

164:4 Authority over Institutions. Amend RSA 10:1 by inserting 
after the word "ultimate" the word, executive, and by striking out the 
second sentence so that said section as amended shall read as follows: 
10:1 Governor and Council. The ultimate executive authority over the 
state hospital, the Laconia State School, the industrial school, the state 
sanatorium and the state prison, including all real and personal estate 
used in connection therewith, the purchase of materials and supplies for 
said institutions and the departments of the state, as hereinafter pro- 
vided, is vested in the governor and council. 

164:5 Takes Effect. This act shall take effect upon its passage. 
[Approved June 6, 1957.] 
[Effective date June 6, 1957.] 



CHAPTER 165. 



AN ACT RELATIVE TO TRANSFER OF UNCLAIMED TICKET MONEY FROM 
HORSE RACING INTO GENERAL FUNDS. 

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

165:1 Horse Racing. Amend RSA 284:31 by striking out the 
word "three" in the ninth line and inserting in place thereof the word, 
two, and by adding at the end of said section the words, provided, how- 
ever, that all pari-mutuel pool tickets issued during the racing season of 
1954 may be redeemed if presented to the commission on or before the 
first Monday in December of 1957, so that said section as amended shall 
read as follows : 

284:31 Unclaimed Ticket Monej\ On or before the first Monday 
in December of each year, every person, association, or corporation con- 
ducting a race or race meet hereunder, shall pay to the state treasurer 
all moneys collected during the year for pari-mutuel pool tickets which 
have not been redeemed. The books or records which clearly show the 
tickets entitled to reimbursement in any given race shall be forwarded 
to the commission. Said moneys shall be retained by the state treasurer 
and he shall pay the amount due on any ticket to the holder thereof upon 
an order from the commission. After the expiration of two years, any 
such moneys still in the custody of the state treasurer shall become a 
part of the general funds of the state. Provided, however, that all pari- 
mutuel pool tickets issued during the racing season of 1954 may be re- 



188 Chapter 166 [1957 

deemed if presented to the commission on or before the first Monday in 
December of 1957. 

165 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 6, 1957.] 
[Effective date June 6, 1957.] 



CHAPTER 166. 

AN ACT RELATIVE TO APPEARANCE OF POLICE OFFICERS IN CIVIL OR 
CRIMINAL PROCEEDINGS AND PAYMENT AND DISPOSITION 

OF FINES. 

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

166:1 Police Officers. Amend ESA 104:25 by striking- out all 
after the word "marshal" in the second line and inserting in place there- 
of the words, shall appear in any court or before a justice as attorney 
for any party in a civil proceeding or for a respondent in any criminal 
proceeding, so that said section as amended shall read as follows : 104:25 
Not To Be Attorney. No sheriff or deputy sheriff, police officer, con- 
stable or city marshal shall appear in any court or before a justice as 
attorney for any party in a civil proceeding or for a respondent in any 
ciminal proceeding. 

166:2 Payment of Fines. Amend RSA 618 by adding after sec- 
tion 3 the following new section : 

618:3-a Payment of Fines, All fines except parking fines or ex- 
cept as otherwise specifically provided by law shall be paid to the clerk 
of the court imposing the fine. 

166:3 Deductions. Amend PvSA 502:14 by adding after the word 
"and" in line eighteen the words, after deducting witness fees and costs 
of clerk's bond, if any, so that said section as amended shall read as 
follows : 

502 :14 Duties of Clerk ; Disposition of Fines. The clerk shall re- 
ceive all fines and forfeits paid into the municipal court from any 
source. After deducting witness fees, costs of clerk's bond, if any, court 
seal, record books, printing blanks, and such other expenses as may be 
legally incurred in the maintenance and conduct of said court the clerk 
shall, except in cases otherwise provided, pay the same over to the 
treasurer of the city or town wherein the said court is located, for the 
use of said city or town. Provided that whenever fines are assessed on 
account of violations of Title XXXIV, RSA, relative to public utilities. 
Title XXXIX, RSA, relative to aeronautics, Title X, RSA, relative to 
public health, chapter 270, RSA, relative to navigation, chapter 282, 
RSA, relative to unemployment compensation, chapters 183, 184, 185, 



1957] Chapter 167 189 

341 to 344, RSA, inclusive, and chapters 284, 345, 425 to 429, 433, 434, 
436 to 439, 440 to 443, RSA, relative to agriculture, or any other statutes 
wherein it is provided that the fines shall be paid to the state or to a 
department or agency of the state, the clerk of the municipal court shall 
deduct from each of said fines so collected by the court the sum of five 
dollars and ten per cent of that part of the fine which exceeds five 
dollars, and after deducting witness fees and costs of clerk's bond, if any, 
shall pay over the balance to the state or department or agency to whom 
due, within seven days after the receipt thereof. The part of said fines 
deducted by said clerk as hereinbefore provided shall be retained and 
used for payment of expenses of the court as hereinabove provided. 

166:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 6, 1957.] 
[Effective date August 5, 1957.] 



CHAPTER 167. 



AN ACT AUTHORIZING ADMINISTRATORS OR EXECUTORS, WITH THE 
ASSENT OF HEIRS OR DEVISEES, TO MORTGAGE REAL ESTATE. 

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

167:1 Administration of Estates. Amend RSA 554 by inserting 
after section 29 the following new sections: 554:30 Mortg-age of Real 
Estate. The judge, on application of the administrator or executor, with 
the assent of the heirs or devisees or, if minors or under disability, their 
guardians or conservators, may grant a license to mortgage the real 
estate of any person deceased, when the personal property shall be in- 
sufficient to pay the just demands by law chargeable to the estate, or to 
make necessary or desirable repairs to preserve such real estate, or 
where it is otherwise necessary to raise money to facilitate settlement of 
the estate. 

554:31 — Petition. The petition for such license to mortgage 
shall recite the limits of the principal amount, the interest rate, and the 
term of the note to secure the mortgage, and said note and mortgage 
shall be executed by the administrator or executor, and said heirs or de- 
visees, or if minors, their guardians or conservators, who assented to the 
petition to mortgage. 

554:32 — License. The license shall include the homestead 
rights, the widow's dower, and the widower's curtesy right, upon con- 
sent in writing by the widow or widower of the decedent. 

554:33 — Issuance of License. No such license shall issue later 
than two years after the date of the appointment of the administrator or 



190 Chapter 168 [1957 

executor, and no license shall be available to sustain a mortgage made 
by the administrator or executor, under said license unless made 
within ninety days from the granting thereof. 

554:34 — Proceeds. The proceeds of such mortgage under license 
shall be accounted for to the probate court in accordance with the pro- 
visions of this title and on approval of the final account, the administra- 
tor or executor shall be discharged from liability for said note and 
mortgage. The executor or administrator shall notify the mortgagee of 
his discharge. 

554:35 — Foreign Executor. Upon application made by any ad- 
ministrator or executor appointed in another state, whose intestate or 
testator owned lands in this state, to the judge for the county in which 
the lands lie, upon compliance with RSA 554:29, a license may be granted 
said administrator or executor to mortgage such lands as if he had been 
appointed in this state. Such administrator or executor shall give bond 
with sufficient sureties resident in this state and in all other respects be 
entitled to the same rights and subject to the same liabilities as if 
appointed in this state. 

167:2 Cases Requiring No Notice. Amend RSA 550:4 by adding 
the following: XIII. In licensing the mortgage of real estate. 

167:3 Takes Effect. This act shall take effect July 1, 1957. 
[Approved June 6, 1957,] 
[Effective date July 1, 1957.] 



CHAPTER 168. 

AN ACT RELATIVE TO THE MISUSE OF MOTOR VEHICLE NUMBER PLATES. 

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

168:1 Intent to Concealldentity. Amend RSA 262 :27 by striking 
out said section and inserting in place thereof the following: 262:27 
Operating After Revocation ; Misuse of Plates. Any person convicted of 
operating a motor vehicle in this state after his license to operate has 
been suspended or revoked, and any person who knowingly attaches or 
permits to be attached to a motor vehicle a number plate assigned by 
the commissioner, or the authority of any other jurisdiction, to another 
vehicle, or who knowingly obscures or permits to be obscured the figures 
on any number plate attached to any motor veliicle, or who knowingly 
and deliberately fails to display on a motor vehicle proper lights as 
herein provided, or the number plates and the registration number duly 
issued therefor, shall be fined not more than one hundred dollars, or im- 
prisoned not more than six months, or both. 



1957] Chapters 169, 170 191 

168:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 6, 1957.] 
[Effective date August 5, 1957.] 



CHAPTER 169. 

AN ACT RELATIVE TO THE PRACTICE OF CHIROPODY. 

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

169:1 Practice of Chiropody. Repeal RSA 315:8 and substitute 
therefor the following: 315:8 Licenses. The board shall issue the 
certificate for a licensed chiropodist to whoever passes a satisfactory 
examination, and thereupon he shall have legal authority to diagnose and 
to treat by medical, mechanical, electrical and surgical means, ailments 
of the human foot. Medical treatment shall exclude the parenteral admin- 
istration of drugs, except for local anesthetics and local medicinal eft'ect 
only but shall include the oral administration of narcotics, hypnotics, 
and vitamins. Surgical treatment shall be surgery performed on soft 
tissue of the foot not beyond the limits of the deep fascia except the re- 
moval of the exostoses of the toes. Said certificate shall not authorize the 
licensee to administer general anesthesia. Licenses shall not be issued 
for a period exceeding one year and shall be renewed as provided therein. 

169:2 Podiatry. Insert after RSA 315:16 the following: 315:17 
Podiatry. The provisions of this chapter shall apply also to the practice 
of podiatry. 

169:3 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved June 10, 1957.] 
[Effective date August 9, 1957.] 



CHAPTER 170. 



AN ACT TO ESTABLISH A NEW APPORTIONMENT FOR THE ASSESSMENT 

OF PUBLIC TAXES. 

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

170:1 Apportionment. That of everj^ thousand dollars of public 
taxes hereafter to be raised, the proportion which each town and place 
shall pay, and for which the treasurer of the state is hereby authorized 
to issue his warrant, shall be as follows, to wit : 



192 



Chapter 170 



[1957 



Rockingham county, ($321,378,472), $163.57 



Atkinson , 

Auburn 

Brentwood 

Candia , 

Chester 

Danville 

Deerfield 

Derry 

East Kingston . 

Epping 

Exeter 

Fremont 

Greenland 

Hampstead . . . . 

Hampton 

Hampton Falls . 
Kensington . . . . 

Kingston 

Londonderry . . . 
New Castle . . . . 

Newfields 

Newington 

Newmarket . . . , 

Newton 

North Hampton 
Northwood . . . . 
Nottingham . . . 

Plaistow 

Portsmouth . . . . 

Raymond 

Rye 

Salem 

Sandown 

Seabrook 

South Hampton 

Stratham 

Windham , 



Strafford coun 



Barrington 

Dover 

Durham . . . 
Farmington 
Lee 



2,341,769) 
3,939,865) 
1,955,772) 
2,721,818) 
2,735,200) 
1,437,521) 
3,017,939) 

18,534,179) 
1,844,120) 
3,689,215) 

26,284,323) 
1,795,889) 
3,184,338) 
4,332,602) 

33,509,550) 
3,063,757) 
2,069,272) 
4,733,446) 
5,559,208) 
3,724,182) 
1,588,394) 
8,118,706) 
8,607,444) 
2,818,760) 
9,561,465) 
4,047,488) 
2,298,602) 
7,531,283) 

90,388,716) 
4,492,398) 

14,624,602) 

18,169,398) 
1,797,013) 
8.119,465) 
1,111,964) 
2,844,112) 
4,784,697) 



$ 



y, ($164,192,882), $83.57 
2,895,456) 

53,500,175) 

10,143,562) 

6,233,829) 

1,999,146) 



1.19 
2.00 
1.00 
1.39 
1.39 

.73 
1.54 
9.43 

.94 

1.88 

13.38 

.91 
1.62 
2.20 
17.06 
1.56 
1.05 
2.41 
2.83 
1.90 

.81 
4.13 
4.38 
1.43 
4.87 
2.06 
1.17 
b.8o 
46.00 
2.29 
7.44 
9.25 

.91 
1.13 

.57 
1.45 
2.44 



$ 1.47 

27.23 

5.16 

8.17 

1.02 



1957] 



Chapter 170 



193 



Madbury . . . 
Middleton . . 

Milton 

New Durham 
Rochester . . 
Rollinsford . 
Somersworth 
Strafford . . . 



1,659,904) 
471,937) 

4,697,458) 

2,369,735) 
48,528,057) 

4,710,264) 
24,519,141) 

2,464,218) 



Belknap county, ($119,992,038), $61.07 



( 



Alton , 

Barnstead , 

Belmont 

Center Harbor 

Gilford 

Gilmanton , 

Laconia 

Meredith ( 11,783,541) 

New Hampton ( 3.576,255) 

Sanbornton ( 3,060,873) 

Tilton ( 8,200,544) 



9,668,084) 
2,667,568) 
5,059,698) 
2,240,162) 

10,283,408) 
3,485,933) 

59,965,972) 



Carroll county, ($83,818,135), $42.65 



Albany 

Bartlett 

Brookfield .... 

Chatham 

Conway 

Eaton 

Effingham .... 

Freedom 

Hart's Location 

Jackson 

Madison 

Moultonboro . . 

Ossipee 

Sandwich 

Tamworth .... 
Tuftonboro . . . 

Wakefield 

Wolfeboro .... 



( 



( 



804,757) 
3,367,382) 
1,074,280) 

512,838) 
16,065,023) 

652,171) 
1,528,769) 
2,226,011) 
51,241) 
2,269,694) 
2.673,963) 
9,379,293) 
5.876,184) 
4,205,336) 
3,777,000) 
6,755,048) 
5,002,828) 
17,596,317) 



Merrimack county, ($198,399,660), $100.98 



Allenstown 
Andover . . 
Rosea wen . 



( 



3.490,146) 
3.815,228) 
4,307,225) 



.84 

.24 

2.39 

1.21 

24.70 
2.40 

12.48 
1.26 

$ 4.92 
1.36 
2.58 
1.14 
5.23 
1.77 
30.52 
6.00 
1.82 
1.56 
4.17 



.41 

1.71 

.55 

.26 

8.18 

.33 

.78 

1.13 

.02 

1.15 

1.36 

4.77 

2.99 

2.14 

1.92 

3.44 

2.55 

8.96 



1.78 
1.94 
2.19 



194 



Chapter 170 



[1957 



Bow 

Bradford . . . 
Canterbury . 
Chichester . . 
Concord . . . . 
Danbury . . . 
Dunbarton . . 

Epsom 

Franklin . . . 
Henniker . . . 

Hill 

Hooksett . . . 
Hopkinton . . 
Loudon . . . . 
Newbury . . . 
New London 
Northfield . . 
Pembroke . . 
Pittsfield . . . 
Salisbury . . , 

Sutton 

Warner . . . , 
Webster . . . . 
Wilmot 



Amherst . . . . 

Antrim 

Bedford 

Bennington . . 
Brookline . . . . 

Deering 

Francestown . 
Goffstown . . . 
Greenfield . . . 
Greenville . . . 

Hancock 

Hillsborough . 

Hollis 

Hudson 

Litchfield . . . . 
Lyndeborough 
Manchester . , 

Mason 

Merrimack . , 



5,464,516) 
2,422,476) 
1,438,170) 
1,836,839) 

85,499,927) 
1,026,578) 
2,030,106) 
2,356,954) 

18,707,764) 
4,683,000) 
1,470,576) 
8.294,861) 
8,824,691) 
2,389,560) 
3,803,151) 
9,514,598) 
3,431,621) 
8,071,450) 
6,036,401) 
1,223,074) 
2,327,120) 
3,405,559) 
1,393,251) 
1,134,818) 



Hillsborough county, ($493,884,952), $251.37 

6,906,904) 



3,463,307) 
9,982,430) 
2,708,595) 
2,136,671) 
1,416,671) 
2,466,311) 

16,393,940) 
2,306,676) 
3,012,340) 
3,759,459) 
6,764,259) 
4,675,552) 

11,477,753) 
1,575,945) 
1,587,207) 
238,976,724) 
1,176,190) 
6,547,327) 



2.78 
1.23 

.73 

.94 
43.52 

.52 
1.03 
1.20 
9.52 
2.38 

.75 
4.22 
4.49 
1.22 
1.94 
$ 4.84 
1.75 
4.11 
3.07 

.62 
1.19 
1.73 

.71 

.58 



$ 3.52 

1.76 

5.08 

1.38 

1.09 

.72 

1.26 

8.34 

1.18 

1.53 

1.91 

3.44 

2.38 

5.84 

.80 

.81 

121.63 



.60 



1957] 



Chapter 170 



195 



Milford ( 14,631,407) 

Mont Vernon ( 1,777,921) 

Nashua (109,550,017) 



New Boston . 
New Ipswich 

Pelham 

Peterborough 

Sharon 

Temple 

Weare 

Wilton 

Windsor .... 



( 



2,860,096) 

4,052,929) 

5,380,723) 

15,451,394) 

583,407) 

1,449,115) 

3,582,845) 

6,999,424^ 

231,413) 



Cheshire county, ($158,015,409), $80.43 



Alstead . . . 
Chesterfield 
Dublin . . . . 
Fitzwilliam 
Gilsum . . . . 
Harrisville . 
Hinsdale . . 
Jaftrey . . . . 



( 



( 



3,062,510) 
5,725,794) 
4,595,944) 
3,760,738) 
696,991) 
3,122,347) 
6,763,732) 
12,647,352) 



Keene ( 70,021,912) 

Marlboro ( 4,151,777) 

Marlow ( 816,081) 

Nelson ( 1,794,571) 

Pdchmond ( 753,694) 

Pvindge ( 4,253,027) 

Roxbury ( 342,794) 

Stoddard ( 1,375,236) 

Sulhvan ( 719,675) 

Surry ( 887,286) 

Swanzey ( 9,065,419) 

Troy ( 4,558,500) 

Walpole ( 10,303,843) 

Westmoreland ( 1,971,079) 

Winchester ( 6,625,107) 

Sullivan county, ($84,144,462), $42.83 

Acworth ( 1.235,274) 

Charlestown ( 6,542,054) 

Claremont ( 43,329,313) 

Cornish ( 2,753,887) 

Croydon ( 853,606) 

Goshen ( 986,916) 



7.45 

.90 

55.76 

1.46 

2.06 

2.74 

7.86 

.80 

.74 

1.82 

3.56 

.12 



? 1.56 

2.92 

2.34 

1.92 

.36 

1.59 

3.44 

6.44 

35.64 

2.11 

.42 

.91 

.38 

2.16 

.17 

.70 

.37 

.45 

4.61 

2.32 

5.25 

1.00 

3.37 



$ .63 

3.33 

22.05 

1.40 

.44 

.50 



196 



Chapter 170 



[1957 



Grantham 

Langdon 

Lempster 

Newport 

Plainfield 

Springfield 

Sunapee 

Unity 

Washington 

Grafton conn 

Alexandria 

Ashland . 

Bath 

Benton 

Bethlehem 

Bridgewater 

Bristol 

Campton 

Canaan 

Dorchester 

Easton 

Ellsworth 

Enfield 

Franconia 

Grafton 

Groton 

Hanover 

Haverhill 

Hebron 

Holderness 

Landaff 

Lebanon 

Lincoln 

Lisbon 

Littleton 

Lyman 

Lyme 

Monroe 

Orange 

Orford 

Piermont 

Plymouth 

Rumney 

Thornton 



595,753) 

801,568) 

613,095) 

13,279,185) 

2,638,368) 

1,283,051) 

7,257,659) 

931,672) 

1,043,061) 



y, ($189,364,410), $96.38 

1,055,151) 

5,329,354) 

1,648,176) 

185,230) 

6,876,440) 

2,471,558) 

6,720,246) 

4,086,997) 

3,286,579) 

295,370) 

453,241) 

106,214) 

4,454,550) 

2,686,955) 

990,610) 

715,113) 

22,366,373) 

8,123,886) 

1,445,572) 

5,991,396) 

486,962) 

25,025,851) 

5,285,945) 

6,622,548) 

35,188,695) 

502,996) 

2,771,447) 

11,058,141) 

306,472) 

2,176,605) 

2,119,923) 

8,661,485) 

2,677,900) 

1,947,613) 



.30 

.41 

.31 

6.76 

1.34 

.65 

3.70 

.48 

.58 



; .54 

2.71 

.84 

.09 

3.50 

1.26 

3.42 

2.08 

1.67 

.15 

.28 

.05 

2.27 

1.87 

.50 

.86 

11.38 

4.14 

.74 

3.05 

.25 

12.74 

2.69 

3.37 

17.91 

.26 

1.41 

5.68 

.16 

1.11 

1.08 

4.41 

1.36 

.99 



1957] 



Chapter 170 



197 



Warren . . 
Waterville 
Wentworth 
Woodstock 



Coos county; 

Berlin 

Carroll 

Clarksville 

Colebrook 

Columbia 

Dalton 

Dummer 

Errol 

Gorham 

Jefferson 

Lancaster 

Milan 

Northumberland 

Pittsburg" 

Randolph 

Shelburne 

Stark 

Stewartstown 

Stratford 

Wentworth's Location .... 
Whitefield 



Cambridge 

Crawford's Purchase . , , 

Dix's Grant 

Dixville 

Erving's Grant 

Gilmanton and Atkinson 

Academy Grant . . , 

Green's Grant 

Hale's Location 

Millsfield 

Odell 

Sargent's Purchase . . . , 
Second College Grant . 

Success 

Thompson and Meserve 

Purchase 

170 :2 Limitation. 



1,163,271) 

177,150) 

987,069) 

2,915,326) 

($150,566,439), $76.64 

80,228,579) 

2,731,013) 

459,174) 

4,771,410) 

783,276) 

1,099,453) 

799,161) 

1,232,307) 

17,495,613) 

1,937,189) 

9,157,606) 

1,788,595) 

11,115,685) 

3,527,690) 

1,667,979) 

1,754,833) 

716,943) 

1,513,498) 

1,932,503) 

291,748) 

5,562,184) 

Unincorporated Places, ($986,940), $.51 

69,823) 

9,216) 

25,908) 

294,864) 

4,800) 



23,618) 
53,125) 
2,592) 
82,061) 
84,522) 
131,375) 
58.900) 
81,136) 



.59 

.09 

.50 

1.48 

$40.83 

1.39 
.23 

2.43 
.40 
.56 
.41 
.63 

8.90 
.99 

4.66 
.91 

5.66 

1.80 
.85 
.89 
.37 
.77 
.98 
.15 

2.83 

$ .04 
.01 
.01 
.15 
.01 

.01 
.03 
.01 

.04 
.04 
.07 
.02 
.04 



( 



65,000) .03 

The same shall be the proportion of assessment 



198 Chapters 171, 172 [1957 

of public taxes until a new apportionment shall be made and established, 
and the treasurer for the time being shall issue his warrant accordingly. 

170:3 Takes Effect. This act shall take effect upon its passage. 
[Approved June 10, 1957.] 
[Effective date June 10, 1957, 11:35 A. M.] 



CHAPTER 171. 

AN ACT RELATING TO JUDGMENTS RENDERED IN CANADIAN COURTS. 

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

171:1 Limitations. Amend RSA 524 by inserting at the end there- 
of the following new section: 524:11 Canadian Judgments. In suits 
on judgments rendered in the courts of the Dominion of Canada or any 
province thereof, said judgments shall be given such faith and credit as 
is given in the courts of the Dominion of Canada or any province thereof 
to the judgments rendered in the courts of New Hampshire. 

171 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 10, 1957.] 
[Effective date August 9, 1957.] 



CHAPTER 172. 

AN ACT RELATIVE TO INSPECTORS IN THE LABOR DEPARTMENT. 

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

172:1 Labor Department. Amend RSA 277:33 by striking out the 
word "six" in the fourth line so that said section as amended shall read 
as follows: 277:33 Inspectors. For the purpose of inspecting facto- 
ries, workshops, commercial and such mercantile establishments as the 
commissioner shall designate, and for the further purpose of making 
such other inspections as said commissioner may be authorized to do, he 
may employ competent persons who sliall be known as inspectors, one of 
whom shall be a woman, and shall fix their compensation in accordance 
with the state personnel regulations, and within the limits of available 
appropriations and funds. 

172:2 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved June 13, 1957.] 
[Effective date July 1, 1957.] 



1957] Chapter 173 199 

CHAPTER 173. 

AN ACT RELATIVE TO FORM OF STATE BUDGET AND REQUESTS BY STATE 
AGENCIES FOR APPROPRIATIONS AND FOR CAPITAL IMPROVEMENTS. 

Be It enacted by the Senate and House of Rejyresentatives in General 
Court convened: 

173:1 Budget. Amend Part II, RSA 9:3 by striking- out the word 
*'and" in the sixth line and by striking out paragraph (b) so that said 
Part II as amended shall read as follows : Part 11 shall present in detail 
his recommendations for appropriations to meet the expenditure needs 
of the state from each general class of funds, classified by departments, 
and indicating for each the appropriations recommended for: (a) Meet- 
ing the cost of administration, operation, and maintenance of such de- 
partments. 

173:2 Drafts of Bills. Amend Part III, RSA 9:3 by striking out 
the word "and" in the eighth line and by striking out paragraph (b) so 
that said Part III as amended shall read as follows : Part III shall em- 
brace a draft or drafts of appropriation bills having for their purpose 
to give legal sanction to the appropriations recommended to be made in 
parts I and II. Such appropriation bills shall indicate the funds, general 
or special, from which such appropriations shall be paid, but such appro- 
priations need not be in greater detail than to indicate the total appro- 
priation to be made for: (a) Administration, operation, and maintenance 
of each department for each fiscal year of the biennium. 

173:3 Capital Improvements. Amend RSA 9 by inserting after 
section 3 the following new section: 9:3-a Biennial Requests. On or 

before May first next prior to each biennial legislative session all depart- 
ments of the state, having need of capital improvement, shall transmit 
to the comptroller, on blanks to be furnished by him, estimates of their 
expenditure requirements for such improvements. These requests shall 
be accompanied by the following data: Estimates to show as separate 
items (1) cost of land, if any, (2) cost of construction, (3) cost of 
furnishings and equipment, and probable annual operating and mainte- 
nance costs. The comptroller shall prepare a summary and submit the 
summary and supporting detail to the governor during the month of 
May. The governor may make such investigation as he deems necessary 
and shall on or before July first transmit his recommendations to the 
commissioner of public works and highways. The commissioner shall 
have schematic drawings and cost estimates prepared by his arcliitects 
and engineers and shall present these with any recommendations to the 
governor not later than December first. The governor may submit the 
capital budget to the legislature with the regular operating budget but 
not later than March fifteenth of each legislative session. 



200 Chapter 174 [1957 

173:4 Regular Operating Budget. Amend RSA 9:4 (supp) as 
amended by 1955, 337:16, by striking out said section and inserting in 
place thereof the following : 9:4 Requests for Appropriations. On or 

before October first next prior to each biennial legislative session, all de- 
partments 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 for administration, operation and 
maintenance. In case of the failure of any department to submit such 
estimates within the time above specified, the comptroller shall cause 
to be prepared such estimates for such department as in his opinion are 
reasonable and proper. 

173:5 Takes Effect. This act shall take effect as of January 1, 
1958. 

[Approved June 14, 1957.] 
[Effective date January 1, 1958.] 



CHAPTER 174. 

AN ACT RELATIVE TO THE INTERSTATE COIMPACT ON JUVENILES. 

B^e it enacted by the Senate and House of Representatives in General 
Court convened: 

174:1 Juvenile Compact, Amend RSA 169-A (supp) as inserted 
by 1955, 121 by striking out said chapter and inserting in place thereof 
the following: 

Chapter 169-A 
Interstate Compact on Juveniles 
169-A :1 Legislative Findings and Policy. It is hereby found 
and declared: 1) that juveniles who are not under proper supervision 
and control, 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; 2) that the cooperation of this state with other 
states is necessary to provide for the welfare and protection of juveniles 
and of the people of this state. 

It shall therefore be the policy of this state, in adopting the 
Interstate Compact on Juveniles, to cooperate fully with other states: 
1) in returning juveniles to such other states whenever their return is 
sought; and 2) in accepting the return of juveniles whenever a juvenile 
residing in this state is found or apprehended in another state and in 
taking all measures to initiate proceedings for the return of such 
juveniles. 

169-A :2 Execution of Compact. The governor is hereby author- 
ized and directed to execute a compact on behalf of this state with any 



1957] Chapter 174 201 

other state or states legally joining therein in the form substantially as 
follows : 

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 wel- 
fare 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 de- 
linquent 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, or non-delinquent juveniles who 
have run away from home; and (4) additional measures for the pro- 
tection of juveniles and of the public, which any two or more of the 
party states may find desirable to undertake cooperatively. In carrying 
out the provisions of this compact the party states shall be guided by 
the non-criminal, reformative and protective policies which guide their 
laws concerning delinquent, neglected or dependent juveniles generally. 
It shall be the policy of the states party to this compact to cooperate and 
observe their respective responsibilities for the prompt return and 
acceptance of juveniles and delinquent juveniles who become subject to 
the provisions of this compact. The provisions of this compact shall be 
reasonably and liberally construed to accomplish the foregoing purposes. 

ARTICLE II 
Existing Rights and Remedies 

That all remedies and procedures provided by this compact 
shall be in addition to and not in substitution for other rights, remedies 
and procedures, and shall not be in derogation of parental rights and re- 
sponsibilities. 

ARTICLE III 
Definitions 

That, for the purposes of this compact, "delinquent juvenile" 
means any juvenile who has been adjudged delinquent 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 or supervision of an agency or institution pursuant to an 
order of such court; "probation or parole" means any kind of conditional 
release of juveniles authorized under the laws of the states party hereto; 
"court" means any court having jurisdiction over delinquent, neglected or 
dependent children; "state" means any state, territory or possessions of 
the United States, the District of Columbia, and the Commonwealth of 
Puerto Rico; and "residence" or any variant thereof means a place at 
which a home or regular place of abode is maintained. 



202 Cpiapter 174 [1957 

ARTICLE IV 
Return of Runa>\ ays 

(a) That the parent, guardian, person or agency 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, person 
or agency may petition the appropriate court in the demanding state for 
the issuance of a requisition for his return. The petition shall state the 
name and age of the juvenile, tlie name of the petitioner and the basis 
of entitlement to the juvenile's custody, the circumstances of his run- 
ning 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 duplicate, and shall be accompanied by two certified copies 
of the document or documents on whicli the petitioner's entitlement to 
the juvenile's custody is based, such as birth certificates, letters of 
guardianship, or custody decrees. Such further affidavits and other docu- 
ments 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 determine whether for the purposes of this compact 
the petitioner is entitled to the legal custody of the juvenile, whether or 
not it appears that the juvenile has in fact run away without consent, 
whether or not he is an emancipated minor, and wli ether 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, the juvenile should be 
returned, he shall present to the appropriate court or to the executive 
authority of the state where the juvenile is alleged to be located a written 
requisition for the return of such juvenile. Such requisition 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, 
person or agency 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 de- 
liquent, neglected or dependent juvenile is pending in the court at the 
time when such juvenile runs away, the court may issue a requisition 
for the return of such juvenile upon its own motion, regardless of the 
consent of the parent, guardian, person or agency entitled to legal cus- 
tody, reciting therein the nature and circumstances of the pending pro- 
ceeding. The requisition shall in every case be executed in duplicate and 
shall be signed by the judge.. One copy of the requisition shall be fi.led 
with the compact administrator of the dem.anding state, there to remain 
on file subject to the provisions of law governing records of such court. 
Upon the receipt of a requisition demanding the return of a juvenile 
who has run away, the court or the executive authority to whom the 
requisition is addressed shall issue an order to any peace officer or other 



1957] Chapter 174 203 

appropriate person directing liim to take into custody and detain sucli 
juvenile. Such detention order must substantially recite the facts neces- 
sary to the validity of its issuance hereunder. No juvenile detained upon 
such order shall be delivered over to the officer whom the court demand- 
ing- him shall have appointed to receive him, unless he shall first be 
taken forthwith before a judge of a court in the state, who shall inform 
him of the demand made for his return, and who may appoint counsel 
or guardian ad litem for him. If the judge of such court shall find that 
the requisition is in order, he shall deliver such juvenile over to the 
officer whom the court demanding him shall have appointed to receive 
him. The judge, however, maj^ fix a reasonable time to be allowed for the 
the purpose of testing the legality of the proceeding. 

Upon reasonable information that a person is a juvenile who 
has run away from another state party to this compact without the con- 
sent of a parent, guardian, person or agency entitled to his legal custody, 
such juvenile may be taken into custody without a requisition and 
brought forthwith before a judge of the appropriate court wlio may 
appoint counsel or guardian ad litem for such juvenile and who shall 
determine after a hearing whether sufficient cause exists to hold the 
person, 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 pursuant to a requisition 
for his return from a court of that state. If, at the time when a state 
seeks the return of a juvenile who has run away, there is pending in the 
state wherein he is found 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 off'ense or an act of juvenile delinquency, he shall not be re- 
turned without the consent of such state until discharged from prose- 
cution or other form of proceeding, imprisonment, detention or super- 
vision for such off'ense 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 subject to such further pro- 
ceedings as may be appropriate under the laws of that state. 

(b) That the state to which a juvenile is returned under this 
article shall be responsible for payment of the transportation costs of 
such return. 

(c) That "juvenile" as used in this article means any person 
who is a "minor under the law of the state of residence of the parent, 
guardian, person or agency entitled to the legal custody of such minor. 



204 Chapter 174 [1957 

ARTICLE V 
Return of Escapees and Absconders 

(a) That the appropriate person or authority from whose 
probation or parole supervision a delinquent juvenile has absconded or 
from whose institutional custody he has escaped shall present to the 
appropriate court or to the executive authority of the state where the 
delinquent juvenile is alleged to be located a written requisition for the 
return of such delinquent juvenile. Such requisition 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 or 
agency vested with his legal custody or supervision, and the location of 
such delinquent juvenile, if known, at the time the requisition is made. 
The requisition shall be verified by affidavit, shall be executed in dupli- 
cate, and shall be accompanied by two certified copies of the judgment, 
formal adjudication, or order of commitment which subjects such de- 
linquent juvenile to probation or parole or to the legal custody of the in- 
stitution or agency concerned. Such further affidavits and other docu- 
ments as may be deemed proper may be submitted v/ith such requisition. 
One copy of the requisition shall be filed with the compact administra- 
tor of the demanding state, there to remain on file subject to the pro- 
visions of law governing records of the appropriate court. Upon the 
receipt of a requisition demanding the return of a delinquent juvenile 
who has absconded or escaped the court or the executive authority to 
whom the requisition is addressed shall issue an order to any peace officer 
or other appropriate person directing him to take into custody and de- 
tain such delinquent juvenile. Such detention order must substantially 
recite the facts necessary to the validity of its issuance hereunder. No 
delinquent juvenile detained upon such order shall be delivered over 
to the officer upon the appropriate person or authority demanding him 
shall have appointed to receive him, unless he shall first be taken forth- 
with before a judge of an appropriate court in the state, who shall in- 
form him of the demand made for his return and who may appoint 
counsel or guardian ad litem for him. If the judge of such court shall 
find that the requisition is in order, he shall deliver such delinquent 
juvenile over to the officer whom the appropriate person or 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 proceeding. 

Upon reasonable information that a person is a delinquent 
juvenile who has absconded while on probation or parole, or escaped from 
an institution or agency vested with his legal custody or supervision in 
any state party to this compact, such person may be taken into custody 
in any other state party to this com.pact without a requisition. But in 
such event, he must be taken forthwith before a judge of the appro- 



1957] Chapter 174 205 

priate court, who may appoint counsel or guardian ad litem for such per- 
son and who shall determine, after a hearing, whether sufficient cause 
exists to hold the person subject to the order of the court for such a 
time, not exceeding ninety days, as will enable his detention under a de- 
tention order issued on a requisition pursuant to this article. 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 insti- 
tution or agency vested with his legal custody or supervision, there is 
pending in the state wherein he is detained any criminal charge or any 
proceeding to have him adjudicated a delinquent juvenile for an act com- 
mitted in such state, or if he is suspected of having committed within 
such state a criminal off'ense or an act of juvenile delinquency, he shall 
not be returned without the consent 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 establishment 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, wihout interference. Upon his re- 
turn to the state from which he escaped or absconded, the delinquent 
juvenile shall be subject to such further proceedings as may be appro- 
priate under the laws of that state. 

(b) That the state to which a delinquent juvenile is returned 
under this article shall be responsible for payment of the transportation 
costs of such return. 

ARTICLE VI 
Voluntary Return Procedure 

That any delinquent juvenile who has absconded while on pro- 
bation or parole or escaped from an institution or agency vested with 
his legal custody or supervision in any state party to this compact, and 
any juvenile who has run away from any state party to this compact, 
who is taken into custody without a requisition in another state party to 
this compact under the provisions of Article IV (a) or Article V (a), may 
consent to his immediate return to the state from which he absconded, 
escaped or run away. Such consent shall be given by the juvenile or de- 
linquent juvenile and his counsel or guardian ad litem if any, by execut- 
ing or subscribing a writing, in the presence of a judge of the appro- 
priate court, which states that the juvenile or delinquent juvenile and 
his counsel or guardian ad litem, if any, 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, if 
any, shall inform the juvenile or delinquent juvenile of his rights under 
this compact. When the consent has been duly executed, it shall be for- 
warded to and filed with the compact administrator of the state in which 



206 Chapter 174 [1957 

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 sliall 
cause to be delivered to such officer or officers a copy of the consent. 
The court may, however, upon the request of the state to which the 
juvenile or delinquent juvenile is being returned, order him to return 
unaccompanied to such state and shall provide him with a copy of such 
court order; in such event a copy of the consent shall be forwarded to 
the compact administrator of the state to which said juvenile or delin- 
quent juvenile is ordered to return. 

ARTICLE VII 
Cooperative Supervision of Probationers and Parolees 

(a) That the duly constituted judicial and administrative au- 
thorities of a state party to this compact (herein called "sending state") 
may permit any delinquent juvenile within such state, placed on proba- 
tion or parole, to reside in any other state party to this compact (herein 
called "receiving state") while on probation or parole, and the receiving 
state shall accept such delinquent juvenile, if the parent, guardian or 
person entitled to the legal custody of such delinquent juvenile is resid- 
ing or undertakes to reside within the receiving state. Before granting 
such permission, opportunity shall be given to the receiving state to 
make such investigations as it deems necessary. The authorities of the 
sending state shall send to the authorities of the receiving state copies 
of pertinent court orders, social case studies and all other available in- 
formation 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 probationer 
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 receiv- 
ing state, and if so accepted the sending state may transfer supervision 
accordingly. 

(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 of 
visitation and supervision that prevail for its own delinquent juveniles 
released on probation or parole. 

(c) That, after consultation between the appropriate authori- 
ties 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 appre- 
hend and retake any such delinquent juvenile on probation or parole. 
For that purpose, no formalities will be required, other than establish- 
ing the authority of the officer and the identity of the delinquent juvenile 
to be retaken and returned. The decision of the sending state to retake a 



1957] Chapter 174 207 

delinquent juvenile on probation or parole shall be conclusive upon and 
not reviewable within the receiving- state, but if, at the time the sending 
state seeks to retake a delinquent juvenile on proljation or parole, there 
is pending against liim within the receiving state any criminal charge or 
any proceeding to have him adjudicated a delinquent juvenile 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 prosecution 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 trans- 
port delinquent juveniles being so returned through any and all states 
party to this compact, without interference. 

(d) That the sending state shall be responsible under this 
article for paying the costs of transporting any delinquent juvenile to 
the receiving state or of returning any delinquent juvenile to the send- 
ing state. 

ARTICLE VIII 
Responsibility for Costs 

(a) That the provisions of Articles IV (b), V (b) and VII (d) 
of this compact shall not be construed to alter or affect any internal re- 
lationship among the departments, agencies and officers of and in the 
government of a party state, or between a party state and its sub- 
divisions, as to the payment of costs, or responsibilities therefor. 

(b) That nothing in this compact shall be construed to pre- 
vent any party state or subdivision thereof from asserting any right 
against any person, agency or other entity in regard to costs for which 
such party state or subdivision thereof may be responsible pursuant to 
Articles IV (b), V (b) or VII (d) of this compact. 

ARTICLE IX 
Detention Practices 

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 trans- 
ported in association witli criminal, vicious or dissolute persons. 

ARTICLE X 
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 delinquent juveniles whenever they shall find that 
such agreements will improve the facilities or programs available for 
such care, treatment and rehabilitation. Such care, treatment and re- 



208 Chapter 174 [1957 

habilitation may be provided in an institution located within any state 
entering" into such supplementary agreement. Such supplementary agree- 
ments 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 subsistence 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) pro- 
vide that the state receiving such a delinquent juvenile in one of its in- 
stitutions shall act solely as agent for the state sending such delinquent 
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 inspection of such institutions by the 
sending state; (6) provide that the consent of the parent, guardian, 
person or agency entitled to the legal custody of said delinquent juvenile 
shall be secured prior to his being sent to another state; and (7) make 
provision 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. 

ARTICLE XI 
Acceptance of Federal and Other Aid 

That any 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 thereof and from any 
person, firm or corporation, for any of the puposes and functions of this 
compact, and may receive and utilize the same subject to the terms, 
conditions and regulations governing such donations, gifts and grants. 

ARTICLE XII 
Compact Administrators 

That the governor of each state party to this compact shall 
designate an officer who, acting jointly with like oflScers of other party 
states, shall promulgate rules and regulations to carry out more 
effectively the terms and provisions of this compact. 

ARTICLE XIII.. 
Execution of Compact 

That this compact shall become operative immediately upon 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 XIV 
Renunciation 

That this compact shall continue in force and remain binding 
upon each executing state until renounced by it. Renunciation of this 



1957] Chapter 174 209 

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 VII hereof shall continue as to parolees 
and probationers residing therein at the time of withdrawal until re- 
taken or finally discharged. Supplementary agreements entered into un- 
der Article X hereof shall be subject to renunciation as provided by such 
supplementary agreements, and shall not be subject to the six months' 
renunciation notice of the present Article. 

ARTICLE XV 
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 contrary 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. 

169-A:3 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 regu- 
lations to carry out more effectively the terms of the compact. Said 
compact administrator shall serve subject to the pleasure of the gover- 
nor. The compact administrator is hereby authorized, empowered and 
directed to cooperate with all departments, agencies and officers of and 
in the government of this state and its subdivisions in facilitating the 
proper administration of the compact or of any supplementary agree- 
ment or agreements entered into by this state thereunder. 

169-A:4 Supplementary Agreements. The compact administra- 
tor is hereby authorized and empowered to enter into supplementary 
agreements with appropriate officials of other states pursuant to the 
compact. In the event that such supplementary agreement shall require 
or contemplate the use of any institution or facility of this state or re- 
quire or contemplate the provision of any service by this state, said 
supplementary agreement shall have no force or effect until approved 
by the head of the department or agency under whose jurisdiction said 
institution or facility is operated or whose department or agency will be 
charged with the rendering of such service. 



210 Chapter 175 [1957 

169-A:5 Financial Arrangements. Compact administrator, sub- 
ject to the approval of the governor, may arrange for any payments 
necessary to discharge financial obligations imposed upon this state by 
the compact or by anj^ supplementary agreement entered into there- 
under, provided that such payments shall be a charge upon the funds of 
the respective institution involved. 

169-A:6 Responsibilities of State Departments, Agencies and 
Officers. The courts, departments, agencies and officers of this state and 
its subdivisions shall enforce this compact and shall do all things appro- 
priate to the efl'ectuation of its purposes and intent which may be within 
their respective jurisdictions. 

169- A :7 Additional Procedures not Precluded. In addition to 
any procedure provided in Articles IV and VI of the com.pact for the 
return of any runaway juvenile, the particular states, the juvenile or his 
parents, the courts, or other legal custodian involved may agree upon 
and adopt any other plan or procedure legally authorized under the laws 
of this state and the other respective party states for the return of any 
such runaway juvenile. 

169-A:8 Fees. Any judge of this state wlio appoints counsel or 
guardian ad litem pursuant to the provisions of the compact may, in his 
discretion, fix a fee which shall be a charge against the county if 
ordered by the superior court and if ordered by a municipal court said 
fee shall be paid out of funds collected by the court as provided in RSA 
502:14, provided however, that no fee shall exceed the sum of one hun- 
dred dollars. 

169-A:9 Juvenile Delinquent. The term "delinquent juvenile" 
as used in the interstate compact on juveniles shall include a delinquent 
child as defined in RSA 169 :2. 

174:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 14, 1957.] 
[Effective date June 14, 1957.] 



CHAPTER 175. 

AN ACT RELATIVE TO JUSTICES OF THE LACONIA MUNICIPAL COURT. 

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

175:1 Laconia Municipal Court. Amend RSA 502:7, I (supp) as 
amended by 1955, 133:1, 182:1, 296:1. 1957, 66:1, 1957, 83:1, 1957, 
108:1 and 1957, 125 by striking out the words "In Laconia, one thou- 
sand eight hundred dollars" and inserting in place thereof the words, 
In Laconia three thousand dollars, so that said paragraph as amended 
shall read as follows: I. Salaries of justices of municipal courts shall 



1957] Chapter 175 211 

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, three thousand dollars; 

In Dover, one thousand eight hundred dollars; 

In Laconia, three thousand 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, one thousand one hundred and fifty 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 Hampton, one thousand dollars ; 

In Milford, six hundred dollars; 

In Haverhill, eight hundred dollars ; 

In Salem, one thousand dollars. 

175:2 Special Justice. Amend KSA 502:8 (supp) as amended 
by 1955, 253:1 and by 1957, 125:2 by striking out the words "Laconia 
two hundred dollars" and inserting in place thereof the words, Laconia 
five hundred dollars, so that said section as amended shall read as 
follows: 502:8 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 five hundred dollars, of Somersworth two hundred 
dollars and of Hampton three 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 



212 Chapters 176, 177 [1957 

special justice of the municipal court of Berlin shall be paid from the 
treasury of the city six hundred dollars per annum. 

175:3 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved June 14, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 176. 

AN ACT ESTABLISHING THE ADVISORY COMMITTEE ON SHORE FISHERIES. 

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

176 :1 Committee Established. Amend RSA 211 by inserting after 
section 59 the' following- new section: 211:60 Advisory Committee on 
Shore Fisheries. The governor, with the advice and consent of the coun- 
cil shall appoint an advisory committee of three persons to recommend 
programs and policies regarding shore fisheries to the fish and game com- 
mission. The members of said committee shall be residents of the sea- 
coast region. The term of office of each member shall be for three years 
and until his successor is appointed and qualified provided, however, that 
for the first appointments hereunder one shall be appointed for a term of 
one year, one for a term of two years and one for a term of three years 
and until their successors are appointed and qualified. Said members shall 
serve without compensation. They shall study and recommend the advisa- 
bility and method for financing a division of coastal fisheries within the 
fish and game department, together with a study of the desirability of 
establishment of a state coastal fisheries research station at Hampton 
Harbor. They shall make such other studies and recommendations as 
seem advisable relative to shore fisheries. The committee shall have 
authority to hold hearings in the coastal towns on fishery problems. 

176:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 14, 1957.] 
[Effective date August 13, 1957.] 



CHAPTER 177. 



AN ACT RELATIVE TO INSERTION OF ADDITIONAL INFORMATION ON 
MOTOR VEHICLE OPERATOR'S LICENSES AND FISH AND 
GAME LICENSES. 

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

177:1 Motor Vehicle Operator's License. Amend RSA 261 by in- 
serting after section 9 the following new section: 261:9-a Blood Type. 



1957] Chapter 178 213 

[n addition to the information on an operator's license, as required by 
section 9, the commissioner shall cause to be inserted on the form an 
item where the blood type of the operator may be indicated. The in- 
sertion of this information on the license shall be optional with the 
operator. 

177:2 Fish and Game Licenses. Amend RSA 214 by inserting 
after section 8 the following new section: 214:8-a Blood Type. In 
addition to the information on licenses issued hereunder, as required by 
section 8, the director shall cause to be inserted on the form an item 
where the blood type of the licensee may be indicated. The insertion of 
this information on the license shall be optional with the licensee. 

177:3 Takes Effect. This act shall take effect as of January 1, 
1958. 

[Approved June 14, 1957.] 
[Effective date January 1, 1958.] 



CHAPTER 178. 

AN ACT RELATIVE TO INVESTIGATION OF SUBVERSI\'E ACTIVITIES. 

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

178:1 Subversive Activities. Amend RSA 588:8 by striking out 
said section and inserting in place thereof the following: 588:8 Grand 
Jury Inquiries. The superior court, when in its discretion it appears 
appropriate, or when informed by the attorney general that there is 
information or evidence of the character described in section 2 of this 
chapter to be considered by the grand jury, shall charge the grand jury 
to inquire into violations of this chapter for the purpose of proper 
action. 

178 :2 Investigations. Amend RSA 588 by inserting after section 8 
the following new section: 588:8-a Attorney General. At any time 
when the attorney general lias information whicli he deems reasonable 
or rehable relating to violations of the provisions of this chapter he shall 
make full and complete investigation thereof and shall report to the 
general court the results of this investigation, together with his recom- 
mendations, if any, for legislation. In any investigation hereunder the 
attorney general or any duly authorized member of his staff is author- 
ized to require by subpoena or otherwise the attendance of such wit- 
nesses and the production of such correspondence, books, papers and 
documents and to administer such oaths, and to take such testimony 
and to make such expenditures within the funds provided as he deems 
advisable. The provisions of section 7 of this chapter shall be inapplica- 
ble to the investigation provided for herein and the attorney general is 



214 Chapter 179 [1957 

hereby authorized to make pubhc such information received by him, 
testimony given before him, and matters handled by him as he deems fit 
to effectuate the purposes hereof. 

178:3 Appropriation Extended. Any balance of the funds pro- 
vided by 1955, 197:1 shall not lapse but shall be a continuing- appropri- 
ation for the use of the attorney general in any investigation under RSA 
588:8-a. 

178:4 Takes Effect. This act shall take effect upon its passage. 
[Approved June 14, 1957.] 
[Effective date June 14, 1957.] 



CHAPTER 179. 



AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF INSECT AND 
PEST CONTROL DISTRICTS. 

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

179:1 Control of Pollen, Pests and Insects. Amend RSA 52:1 by 
inserting after the word "plant" in the eleventh line the words, the con- 
trol of pollen, insects and pests, so that said section as amended shall 
read as follows: 52:1 Establishment. Upon petition of ten or more 
legal voters, inhabitants of any village situate in one or more towns, the 
selectmen of such town or towns shall fix, by suitable boundaries, a dis- 
trict including such parts of the town or towns as may seem to them con- 
venient, for any or all of the following purposes : The extinguishment 
of fires, the lighting or sprinkling of streets, the planting and care for 
shade and ornamental trees, the supply of water for domestic and fire 
purposes, the construction and maintenance of sidevralks and main drains 
or common sewers, the construction, maintenance, and care of parks or 
commons, the maintenance of activities for recreational promotion, the 
construction or purchase and maintenance of a municipal lighting plant, 
the control of pollen, insects and pests, and the appointing and employing 
of watchmen and police officers. They shall cause a record of the petition 
and their doings thereon to be recorded in the records of the towns in 
which the district is situate. 

179:2 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved June 14, 1957.] 
[Effective date July 1, 1957.] 



1957] Chapters 180, 181 215 

CHAPTER 180. 

AN ACT RELATIVE TO ANNUAL RETURNS OF BUSINESS CORPORATIONS. 

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

180:1 Business Corporations. Amend RSA 294 :106 by inserting at 
the end thereof tlie following: or as existing on the last day of its fiscal 
year preceding said first day of January, so that said section as amended 
shall read as follows: 294:106 Contents of Returns. The returns 
shall be signed by and under the oath of the president or a vice-president 
and of the treasurer or assistant treasurer of a corporation and shall 
state the address of its principal office in this state and elsewhere in the 
case of a corporation organized to do business wholly outside the state, 
the names and addresses of all the directors and officers of the corpo- 
ration, the amount of its authorized capital stock, the amount, number 
of shares and the par value thereof, if any, of its stock issued and out- 
standing, its total amount of assets and total amount of liabilities, ex- 
clusive of capital stock, and its surplus or deficit, if any, as appearing on 
its books or so far as the same can be otherwise ascertained, as existing 
on the first day of the preceding January, or as existing on the last day 
of its fiscal year preceding said first day of January. 

180:2 Takes Effect. This act shall take effect as of January 1, 
1958. 

[Approved June 14, 1957.] 
[Effective date January 1, 1958.] 



CHAPTER 181. 



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: 

181:1 Classification of Highways. Amend KSA 230:4, I (supp) as 
amended by 1955, 333:2 by striking out the word "three" in line 3 and 
inserting in place thereof the word, four, so that said paragraph as 
amended shall read as follows : 

I. Class I highways shall consist of all existing or proposed 
highways on the primary state highway system, excepting all portions 
of such highways within the compact sections of cities or towns of four 
thousand inhabitants and over. 

181:2 Class H Highways. Amend RSA 230:4, II (supp) as 
amended by 1955, 333:2 by striking out the word "three" in line 3 and 



216 Chapter 181 [1957 

inserting- in place thereof the word, four, so tliat said paragraph as 
amended shall read as follows : 

II. 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 four 
thousand inhabitants and over. 

181:3 Class IV Highways. Amend RSA 230:4, IV (supp) as 
amended by 1955, 333:2 by striking out the word "three" in line 2 and 
inserting in place thereof the word, four, so that said paragraph as 
amended shall read as follows : 

IV. Class IV highways shall consist of all highways within the 
compact sections of cities or towns of four 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. 

181:4 Highway Aid. Amend paragraph (b) of RSA 241:2 (supp) 
as amended by 1955, 333:3 by striking out the word "three" in line 2 and 
inserting in place thereof the word, four, so that said paragraph as 
amended shall read as follows : 

(b) Apportionment B. The commissioner shall apportion to 
each city and town of four 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 improvement of 
arterial routes within its compact area may apply any part of the funds 
herein apportioned, for a period not to exceed ten years, to aid in the 
retirement of such bonds : 

181:5 Commissioner of Public Works and Highways. Amend RSA 
249:5 (supp) as amended by 1955, 178:1 and 1955, 333:4 by striking 
out the word "three" in line 2 and inserting in place thereof the word, 
four, so that said section as amended shall read as follows: 249:5 
Regulation. The Commissioner may regulate the use of Class I. Class II 
and Class III highways in towns of less than four thousand population 
and in other towns or cities outside the compact portion thereof as de- 
termined 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. 

181 :6 Takes Effect. This act shall take effect on July 1, 1957. 
[Approved June 17, 1957.] 
[Effective date July 1, 1957.] 



1957J Chapters 182, 183 217 

CHAPTER 182. 

an act relative to compensation for the commissioners of 
Cheshire county. 

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

182:1 County Commissioners. Amend RSA chapter 28, section 28, 
as amended by chapter 247 of the Laws of 1955, and as amended by 
chapter 269 of the Laws of 1955, by striking- out the words "In Cheshire, 
fifteen hundred" and inserting in place thereof the words, in Cheshire, 
one thousand six hundred, so that said section as amended shall read as 
follows : 28 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 Merrimack, two thousand dollars. 

In Belknap, fifteen hundred dollars. 

In Hillsboroug-h, three thousand seven hundred and fifty dollars. 

In Cheshire, one thousand six 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 reason- 
able sum for all necessary expenses, upon order of the county auditors. 
182:2 Takes Effect. This act shall take effect sixty days from the 
date of its passage. 
[Approved June 17, 1957.] 
[Effective date August 16, 1957.] 



CHAPTER 188. 



AN ACT TO CORRECT AN ERROR IN THE STATUTE RELATIVE TO SELLING 
OR SERVING MILK FOR DRINKING. 

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

183:1 Correction of Error in RSA. Amend RSA 184 by inserting 
after section 27 the following new section: 184:27-a Enforcement. 



218 Chapters 184, 185 [1957 

The state and local boards of health shall be charged with the enforce- 
ment of the provisions of this subdivision. 

183:2 Takes Effect. This act shall take effect upon its passage. 

[Approved June 17, 1957.] 
[Effective date June 17, 1957.] 



CHAPTER 184. 

AN ACT RELATIVE TO OPERATION OF MOTOR VEHICLES WHEN APPROACHING A 

BLIND PEDESTRIAN WITH A SEEING EYE DOG OR WHITE CANE 

ON CROSSWALKS. 

Be It enacted by the Seiiate and House of Representatives in General 
Court convened: 

184:1 Blind Pedestrians. Amend RSA 263:58 by striking out the 
words "blind pedestrians using" in the first line and inserting in place 
thereof the words, a blind pedestrian with a seeing eye dog or carrying, 
so that said section as amended shall read as follows: 263:58 Care 
Required. A blind pedestrian with a seeing eye dog or carrying a white 
cane shall have the right of way on crosswalks in compact parts of town. 
An operator of a motor vehicle shall be prima facie guilty of negligence 
if he injures any such pedestrian on such a crosswalk. Such operator 
when on a highway outside the compact part of a town shall exercise 
every reasonable precaution to insure the safety and protection of such 
pedestrians and their guides, and if necessary, shall stop his motor 
vehicle. 

184:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 17, 1957.] 
[Effective date August 16, 1957.] 



CHAPTER 185. 



AN ACT RELATIVE TO STUDENT NURSES IMMUNITY FROM CIVIL SUIT 
WHILE ENGAGED IN CIVIL DEFENSE. 

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

185:1 Student Nurses Immunity. Amend paragraph (d) of RSA 
107:12 by striking out the words "when engaged in training for civil 
defense and" and inserting in place thereof the words, or student nurses 
undergoing training at a licensed hospital in this state, so that said 
paragraph as amended shall read as follows: (d) Dentists licensed in 
this state and nurses registered in this state or student nurses under- 



1957] Chapters 186, 187 219 

going- training- at a licensed hospital in this state during any civil de- 
fense emergency shall be regarded as authorized civil defense workers 
and while so engaged may practice, in addition to the authority granted 
them by other statutes, administration of anesthetics; minor surgery; 
intravenous, subcutaneous and intramuscular procedures; and oral and 
topical medication under the general but not necessarily direct supervi- 
sion of a member of the medical staff of a legally incorporated and 
licensed hospital of this state, and to assist such staff members in other 
medical and surgical procedures. 

185 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 17, 1957.] 
[Effective date August 16, 1957.] 



CHAPTER 186. 



AN ACT TO CORRECT CLERICAL ERROR IN AN ACT RELATIVE TO 
TOWN APPROPRIATIONS. 

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

186:1 Correction of Error. The reference to paragraph XVII of 
RSA 31:4 as contained in 1957, 85:1 is hereby corrected to read para- 
graph XVIII of RSA 31:4. 

186:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 17, 1957.] 
[Effective date June 17, 1957.] 



CHAPTER 187. 

AN ACT RELATIVE TO DEFINITION OF EMPLOYER. CLAIMS FOR BENEFITS 

AND INCREASE IN BENEFITS. UNDER THE WORKMEN'S 

COMPENSATION LAW. 

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

187:1 Workmen's Compensation Law. Amend paragraph I of 
RSA 281 :2 by striking out said paragraph and inserting in place there- 
of the following: I. Employer, means a person, partnership, asso- 
ciation, corporation and the legal representative of a person, partner- 
ship, association or corporation, who employs five or more persons, 
whether in one or more trades, businesses, i)rofessions or occupations, 
and whether in one or more locations, except casual emplo3''ees, farm labor 



220 Chapter 187 [1957 

and domestic service. In determining the number of persons employed 
there shall be included persons whose contract of employment was en- 
tered into outside the state, if they are actually employed on work in 
this state. Any other employer may elect to accept the provisions of this 
chapter in accordance with sections 3 and 7. 

187:2 Determination of Date. Amend RSA 281:2 by inserting 
after the word "forth" in the seventh hne the following: For the pur- 
pose of determining the date of injury for an occupational disease the 
first date of treatment by a licensed physician shall be taken as the date 
of injury; and by striking out the word "accident" in the ninth line and 
inserting in place thereof the words, accidental injury, so that said 
paragraph as amended shall read as follows: III. Personal injury, or 
injury as used in and covered by this chapter shall mean accidental in- 
jury or death arising out of and in the course of the employment and the 
following diseases or death therefrom arising out of and in the course 
of employment: Anthrax, lead poisoning or its sequelae, dermatitis 
venenata, diseases due to the inhalation of poisonous gases or fumes or 
their sequelae, and silicosis and other pulmonary dust diseases subject 
to the provisions hereinafter set forth. For the purpose of determining 
the date of injury for an occupational disease the first date of treat- 
ment by a licensed physician shall be taken as the date of injury. It 
shall not include other diseases or death therefrom unless they are the 
direct result of an accidental injury arising out of and in the course of 
employment, nor shall it include a disease which existed at commence- 
ment of the employment, nor a disease the last injurious exposure to 
the hazards of which occurred prior to the effective date of this chap- 
ter. When silicosis and other pulmonary dust diseases or death there- 
from occur within the above definition of "personal injury" or "injury," 
compensation shall be payable under the provisions of this chapter, pro- 
vided, however, that (1) no compensation shall be payable for partial 
disability; (2) in the event of temporary or permanent total disability 
or death, notwithstanding any other provisions of this chapter, total 
compensation if disability or death occurred during July, 1947, shall not 
exceed the sum of five hundred dollars; thereafter the limit for total 
disability or death shall increase at the rate of fifty dollars each calen- 
dar month until the maximum allowed for other injuries under this 
chapter is reached; (3) the total amount of benefit in case of death shall 
not exceed the balance remaining between the amounts paid for dis- 
ability and the total compensation payable under this chapter. 

187:3 Average Weekly Wages. Amend RSA 281:2, V (1) by 
striking out "subsection (2)" and inserting in place thereof, subsections 
(2), (3) and (4), so that said subsection as amended shall read as 
follows: (1) Average weekly wages, except as provided in subsections 
(2), (3) and (4) shall be computed by taking the total straight time 
earnings of the injured employee in the service of the same employer 



1957] Chapter 187 221 

during the preceding fifty-two weeks, divided by the actual number of 
hours worlved, and multiplied by forty; if the injured employee shall 
have been in the employment of the same employer for less than one 
year, then his total straight time earnings for such less period divided 
by the actual number of hours worked, and multiplied by forty. Where 
by reason of the shortness of the time during which the employee has 
been in the employment of his employer or the nature or term of the 
employment, it is inequitable to compute the average weekly wages as 
above defined, regard may be had to the average weekly amount as 
above defined which, during the year previous to the injury, was being 
earned by a person, in the same grade, employed at the same work by 
the same employer, or, if there is no person so employed, by a person 
in the same grade, employed in the same class of employment in the 
same locality. 

187:4 Requirements. Amend RSA 281:11 by inserting before 
the word "notice" in the fifth and sixth lines the word, wi'itten, and by 
inserting before the word "notice" in the thirteenth and fifteenth lines 
the word, written, and by striking out the words "commissioner of 
labor" and inserting tlie words, labor commissioner, so that said section 
as amended shall read as follows: 281:11 Workmen's Compensation 
Insurance; Written Notices Required to be Filed. I. A policy of work- 
men's compensation insurance covering the liability of an employer un- 
der the provisions of this chapter shall not be cancelled within the time 
limited in such pohcy for its expiration until at least thirty days after a 
written notice of intention to cancel such policy on a date specified in 
such written notice has been filed in the office of the commissioner and 
also served on the employer. Provided, however, that the limitation on 
the cancellation of a policy as provided in this paragraph shall not apply 
if the employer has replaced said policy with another carrier. 

II. An insurance carrier who does not intend to renew a policy 
of workmen's compensation insurance covering the liability of an em- 
ployer under the provisions of this chapter, thirty days prior to the ex- 
piration of such policy shall give written notice of such intention to the 
labor commissioner and to the covered employer. An insurance carrier 
who fails to give such written notice shall continue the policy in force 
beyond its expiration date for thirty days from the day such wi'itten 
notice is received by the commissioner. Provided, however, that this 
latter provision shall not apply if prior to such expiration date the in- 
surance carrier has offered to continue the insurance beyond such date 
by delivery of a renewal contract or otherwise or if the employer notifies 
the insurance carrier that he does not wish the insurance continued be- 
yond such expiration date or if the employer complies with tlie provi- 
sions of paragraph II of section 9 on or before tlie expiration date of the 
existing insurance or if the employer replaces said insurance with an- 
other carrier. 



222 Chapter 187 [1957 

187:5 Physical Defects. Amend RSA 281 by inserting after sec- 
tion 12 the following new section: 281:12-a Waiver of Compensation. 
Whenever any person desiring to enter into a contract of employment, 
shall have any physical defect which imposes upon the prospective em- 
ployer a further or unusual hazard, it shall be permissible for such per- 
son to waive in writing for himself or his dependents, or both, any rights 
to compensation under the provisions of this chapter for any personal 
injury arising out of and in the course of his employment, or death re- 
sulting therefrom which may be found by the labor commissioner to be 
attributable in a material degree to such physical defect. No waiver shall 
become effective unless the defect in question shall be plainly described 
therein, and accompanied by a statement of the defect from a licensed 
physician, nor unless the labor commissioner finds that the person who 
signed such waiver fully understood the meaning thereof and, if such 
person shall be a minor, that the parents or a guardian of such minor shall 
have approved the same in writing, nor until application of such waiver 
shall have been sent to the labor commissioner. Any person already em- 
ployed who shall suffer a physical defect which would impose upon his em- 
ployer a similar further or unusual hazard may make application for 
a waiver as above described. Such waiver shall be effective on a tempo- 
rary basis for not over sixty days, not including Sundays, from date it is 
sent to the labor commissioner pending his action thereon. The labor 
commissioner shall, in writing, approve such waiver and furnish each 
of the parties thereto with a copy thereof. In event the \Vaiver is refused 
by the labor commissioner, the temporary waiver shall cease within 
seven days from the date of such denial. Application for cancellation of 
such waiver may be made by either party to the labor commissioner who 
may cancel same upon receipt of a statement by a licensed physician 
that such physical defect no longer exists, or with the consent of both 
parties. No such waiver shall be a bar to a claim by the person signing 
the same, or his dependents, for compensation for any injury arising 
out of and in the course of his employment, or death resulting there- 
from, which injury shall not be found to be attributable in a material de- 
gree to the particular condition described therein. The rights and liabili- 
ties of the parties to such waiver to injuries arising out of and in the 
course of the employment and within the terms of such waiver shall be 
such as are provided by the law in the case of an employer having 
regularly less than five employees, who shall not have accepted the pro- 
visions of this chapter. The term 'physical defect' as used in this section 
shall not be construed to include an occupational disease, susceptibility 
thereto or a recurrence thereof. 

187:6 Legal Liability. Amend RSA 281:14 by striking out said 
section and inserting in place thereof the following: 281:14 Liability 
of Third Person. L When an injury for which compensation is payable 
under the provisions of this chapter has been sustained under circum- 



1957] Chapter 187 223 

stances creating in some person other than the employer a legal liability 
to pay damages in respect thereto, the injured employee, in addition to 
the benefits of this chapter, may obtain damages from or proceed at law 
against such other person to recover damages; provided, however, that 
the employer shall have a lien on the amount of damages recovered by 
the employee, less the expenses and costs of action, to the extent of the 
compensation, medical, hospital or other remedial care already paid, or 
agreed or awarded to be paid by the employer under this chapter. 

II. When death of an employee has resulted under circum- 
stances creating in some person other than the employer a legal liability 
to pay damages in respect thereto, the administrator of the employee's 
estate, in addition to the benefits of this chapter which are payable to 
the employee's dependents, may obtain damages from or proceed at law 
against such other person to recover damages. In such cases the em- 
ployer shall have a lien on the amount of damages recovered which re- 
main after deduction of such of the expenses itemized in RSA 556:14 
as are not paid by the employer, and after deduction of the distributive 
share of any person to whom nothing is payable under section 22 of 
this chapter, to the extent of compensation, medical, hospital or other 
remedial care and funeral expenses already paid, or agreed or awarded 
to be paid, by the employer under this chapter. 

III. No settlement by an employee, or in case of death, by the 
administrator of his estate, of his or said administrator's claim for 
damages at law against such third person shall be binding until approved 
by the labor commissioner, who shall make provisions for payment to 
the employer of the amount of his lien after expenses and costs of action 
have been paid. If such settlement shall occur during the actual trial of 
an action at law, or the action shall go to judgment against such third 
person, the court before which such action is tried shall have and 
exercise all the powers of the labor commissioner relative to the approval 
of such settlement and the making of necessary orders to insure pay- 
ment to the employer of the amount of his lien after expenses and costs 
of action have been paid. In any case in which the employee, or, in case 
of death, the administrator of his estate, neglects to exercise his right 
of action by failing to proceed at law against such third person for a 
period of nine months after said injury, the employer may so proceed 
and shall be subrogated to the rights of the injured employee or, in case 
of death, of said administrator, to recover against such third person, 
provided, if the employer recovers from such other person damages, 
after expenses and costs of action have been paid, in excess of the 
amount of his lien as defined herein, then any such excess shall be paid 
to the injured employee, or in the case of death, to the administrator of 
the employee's estate, for distribution in accordance with the provisions 
of RSA 556:14. The procedure for approval of settlements and safe- 
guarding rights of the employee, or, in case of death, the administrator 



224 Chapter 187 [1957 

of his estate, in such cases shall be the same as is provided for protect- 
ing rights of the employer in cases of settlements made or actions at 
law brought by the employee or the administrator of his estate under 
this section. 

IV. Whenever there is a recovery against a third person under 
any of the preceding paragraphs, the labor commissioner, or the superior 
court, as the case may be, shall order such division of expenses and 
costs of action, including attorneys' fees, between employer and em- 
ployee as justice may require. 

187:7 Limitations. Amend RSA 281:16 (supp) as amended by 
1955, 98:1 by striking out the word "accident" in the fourth line and 
inserting in place thereof the word, injury, so that said section as 
amended shall read as follows: 281:16 Notice of Injury. No proceed- 
ings 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 injury as hereinafter provided 
has been given to the employer as soon as practicable after the happen- 
ing thereof, and before the workman has voluntarily left the employ- 
ment in which he was injured, and within ninety days from the occur- 
rence of the accident ; or in the 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. 

187:8 Prejudice. Amend RSA 281:17 by striking out all after 
the word "accident" in the fifth line and inserting in place thereof the 
following: Provided, further that where an employer has advised an 
employee not to file notice, said employer shall thereafter be barred 
from alleging that he is prejudiced by want of such notice. For the pur- 
pose of giving a notice of a disease, the date of first treatment by a 
licensed physician shall be deemed that date of injury, so that said 
section shall read as follows: 281:17 — Defective Notice. No want, 
defect or inaccuracy of a notice shall be a bar to the maintenance of 
proceedings unless the employer proves that he is prejudiced by such 
want, defect or inaccuracy; but claim shall be barred under this chapter 
unless said notice is given to the employer within one year from the 
date of the accident. Provided, further, that where an employer has 
advised an employee not to file notice, said employer shall thereafter be 
barred from alleging that he is prejudiced by want of such notice. For 
the purpose of giving notice of a disease, the date of first treatment by a 
licensed physician shall be deemed the date of injury. 

187:9 Contents of Notice. Amend RSA 281 :18 (supp) as amended 
by 1955, 98:2 by striking out said section and inserting in place thereof 
the following: 281:18 — Contents of Notice. Notice of the injury in 



1957] Chapter 187 225 

writing- on blanks to be provided by the labor commissioner shall apprise 
the employer of the injury, and shall state the name and address of the 
workman injured, and the date and place of the accident. Said notice 
shall be executed in duplicate, both copies to be signed by the employee. 
The employer sliall acknowledg-e receipt of said notice by signing- on both 
original and duplicate and the em.ployee shall retain the duplicate. 

187:10 Compensation for Death. Amend the first paragraph of 
RSA 281:22 (supp) as amended by 1955, 98:3, by striking out the word 
"thirty-three" and inserting in place thereof the word, thirty-seven, 
and by striking out the words "eleven thousand two hundred and fifty" 
where it occurs and inserting in place thereof the words, twelve thou- 
sand six hundred and seventeen, so that said paragraph as amended 
shall read as follows: If death results from the injury, the employer 
shall pay to, or for the dependents of the deceased employee, as defined 
in section 2, 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-seven 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 twelve 
thousand six hundred and seventeen dollars. Any weekly payments made 
under section 23, 25 or 26 shall be deducted from the total period of three 
hundred and forty-one weeks and the maximum of twelve thousand six 
hundred and seventeen dollars. 

187:11 Increase in Amount. Amend RSA 281:23 (supp) as 
amended by 1955, 98:5 by striking out the word "twelve" in the seventh 
and ninth lines and inserting in place thereof the word, fifteen, and by 
striking out the word "thirty-three" and inserting in place thereof the 
word, thirty-seven, so that said section as amended shall read as 
follows: 281:23 Compensation for Temporary Total Disability. 
Where the injury causes total disability for work at any gainful occupa- 
tion 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 fifteen dollars nor more than thirty-seven dollars per 
week, unless the injured employee's average weekly wages as defined 
herein are less than fifteen dollars per week, in which case the compensa- 
tion shall be the full amount of said average weekly wages. Payments 
shall not continue after the disability ends nor longer than three hundred 
and forty-one weeks, and in case the total disability begins after a period 
of partial disability, the period of partial disability shall be deducted 
from such total period of three hundred and forty-one weeks. 



226 Chapter 187 [1957 

187:12 Compensation for Permanent Total Disability. Amend the 
last paragraph of RSA 281 :24 by striking out the words "eleven thou- 
sand two hundred and fifty" and inserting in place thereof the words, 
twelve thousand six hundred and seventeen, so that said paragraph as 
amended shall read as follows: The above enumeration is not to be 
taken as exclusive. Compensation for permanent total disabilities shall be 
computed as provided in section 23, 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 tlian 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 twelve thousand six hundred and seventeen 
dollars. 

187:13 Dependent Children. Amend RSA 281 :22 by inserting at 
the end thereof the following new paragraph: VI. Compensation for 
a dependent child shall cease when a child becomes twenty-one years 
of age, unless the child is physically or mentally incapacitated, or earlier 
if the child is determined by the labor commissioner to be self-support- 
ing, or upon the marriage or legal adoption of such child. 

187:14 Limitation on Benefits. Amend RSA 281:30 (supp) as 
amended by 1955, 98:9 by striking out the words and figures "sections 
22, 24, 26, and" and inserting in place thereof the word, section, by 
striking out the word "thirty-three" and inserting in place thereof the 
word, thirty-seven, and by striking out the v/ords, "eleven thousand two 
hundred and fifty" and inserting in place thereof the words, twelve thou- 
sand six hundred and seventeen, so that said section as amended shall 
read as follows: 281:30 Maximum Benefits. In no case, except as 
provided in section 29, shall the weekly compensation payable under 
this chapter exceed sixty-six and two-thirds per cent of the average 
weekly wages, or exceed thirty-seven dollars per week in amount, nor 
shall the total compensation exceed the sum of twelve thousand six 
hundred and seventeen dollars, nor shall any payments, including medi- 
cal, hospital services, and other remedial care under section 21, extend 
over a period of more than three hundred and forty-one weeks from 
the date of the injury. 

187:15 Change in Designation. Wherever in the statutes the 
term "commissioner of labor" appears it shall be deemed to refer to the 
labor commissioner and said statutes shall be amended and changed 
accordingly. 

187:16 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved June 17, 1957.] 
[Effective date July 1, 1957.] 



1957] Chapters 188, 189 227 

CHAPTER 188. 

AN ACT RELATIVE TO DISABLED VETERANS HUNTING FROM 
MOTOR VEHICLE. 

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

188:1 Hunting. Amend RSA 207 by adding- after section 7 the 
following- new section: 207:7-a Disabled Veterans. The above sec- 
tion shall not apply to a disabled veteran who is suffering- from para- 
plegia or who is suffering- from the loss of, or the loss of the use of, both 
lower extremities and who has obtained a current license to hunt, pro- 
vided however that such person must first obtain from the director 
a special permit entitling' the said person to hunt while using a motor 
vehicle, not to include boats with motor attached or aircraft, and 
further provided that no loaded firearm, shotgun or rifle shall be carried 
or transported with a cartridge either in the chamber, magazine or clip 
attached to said firearm, shotgun or rifle, while said vehicle is in motion. 
The director may issue such a permit upon application in person or upon 
documentary proof of such disability by a licensed hunter. Such permit 
must be carried upon the person of the permittee while hunting and 
shall be produced for inspection upon the demand of any law enforce- 
ment officer. Such permit may be revoked for such period as the director 
may deem proper upon satisfactory proof that such permittee is an 
improper person to have such a permit or upon conviction in any court 
of a violation of this title. Such permit sliall expire on December thirty- 
first of each year and the director shall charge a fee of fifty cents for 
such permit or the renewal thereof. Each permittee shall be given one 
deer seal which must be attached to the deer immediately upon killing. 
Should the permittee need assistance in the case of a wounded deer, he 
shall give the seal to the assistant to attach to the deer before moving 
it to the vehicle for the permittee to tag. 

188 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 18, 1957.] 
[Effective date August 17, 1957.] 



CHAPTER 189. 

AN ACT RELATIVE TO BENEFITS UNDER POLICEMEN'S RETIREMENT 

SYSTEM. 

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

189:1 Policemen's Retirement System. Amend RSA 103:7 as 
amended by 1957, 50:2 by striking out said section and inserting in 



228 Chapter 189 [1957 

place thereof the following: 103:7 Retirement Fund; Assessment on 
Salaries. The retirement and other compensation provided for by this 
chapter shall be paid out of a retirement fund, which shall consist of all 
moneys collected from assessments or appropriations or gifts provided 
for herein. At the beginning of each fiscal year the board shall fix the 
applicable rate of assessment upon tlie annual salaries of all permanent 
policemen who accept the provisions hereof. Prior to July 1, 1953 such 
rate shall be four per cent, commencing July 1, 1953 and prior to July 1, 
1957 it shall be five and three-fourths per cent, and commencing July 1, 
1957 it shall be six and eighty-five one-hundredths per cent of each 
policeman's annual salary ; provided, however, that in the case of police- 
men employed by a city having a population of more than thirty-two 
thousand inhabitants, such rate shall continue at four per cent until 
July 1, 1957, and the rate shall be four and one-half per cent commenc- 
ing July 1, 1957 until the governing body of said city shall elect to dis- 
continue its present policy of paying a supplementary retirement benefit 
to any permanent policeman employed by the city who may thereafter 
be granted a retirement benefit under the provisions of the New Hamp- 
shire Policemen's Retirement System. Subsequent to the aforesaid 
election of the governing body of such city the applicable rate of assess- 
ment upon the annual salaries of all permanent policemen employed by 
the city shall be six and eighty-five one-hundredths per cent. The board 
shall, in such manner as it may prescribe, give notice of the rate and 
amount of assessment of each permanent policeman's salary to the 
treasurer or other disbursing officer of tlie state, city, town, village or 
precinct where such permanent policeman is employed. All assessments 
under this section shall be payable in equal monthly installments on 
the last business day of each calendar month. It shall be the duty of 
the treasurer or other disbursing officer of the state, city, town, village 
or precinct, employing permanent policemen, who accept tlie provisions 
hereof, to withhold from the m.onthly salary of each such permanent 
policeman and to pay the board an amount equal to the monthly assess- 
ment against such permanent policeman's salary, as before provided. 
All permanent policem.en who shall accept the provisions hereof by such 
acceptance agree that the treasurer or other disbursing officer of the 
state, city, town, village or precinct which employs them shall have the 
power to withhold from their monthly salaries the amounts as afore- 
said. However, in the case of any policeman assessed by the board at 
the rate of five and three-fourths per cent prior to July 1, 1957 and at 
the rate of six and eighty-five one-hundredths per cent thereafter, no 
assessment shall be made prior to July 1, 1957 upon that part of his 
annual salary in excess of three thousand four liundred dollars, and 
commencing July 1, 1957 no assessment shall be m.ade upon that part of 
his annual salary in excess of three thousand six hundred dollars. In the 
case of any policeman assessed by the board at the rate of four per cent 



1957] Chapter 189 229 

prior to July 1, 1957 and at rate of four and one-half per cent commenc- 
ing- July 1, 1957 no assessment shall be made upon that part of his 
annual salary in excess of two thousand four hundred dollars. Anything 
in this section to the contrary notwithstanding any policeman who is 
over thirty-five years of age at the time he accepts the provisions of 
this chapter shall be assessed by the board on the part of his annual 
salary which would have been assessable had he been under age thirty- 
five on the date of such acceptance, at the increased rate determined in 
accordance with the following table: 

Age at Accepting 
the Provisions Percentage Rate 

of the Chapter of Assessment 

36 6.90% 

37 6.95 

38 7.00 

39 7.05 

40 7.10 

41 7.16 

42 7.22 

43 7.28 

44 7.84 

45 7.41 

46 7.47 

47 7.53 

48 7.59 

49 7.65 

50 7.72 

51 7.78 

52 7.85 

53 7.92 

54 7.99 

55 8.06 

56 8.13 

57 8.20 

58 8.28 

59 and over 8.36 

189:2 Benefits. Amend RSA 103:12 as amended by 1957, 50:3 by 
striking out said section and inserting in place thereof the following: 
103:12 Retirement. Any permanent policeman who accepts the pro- 
visions of this chapter may retire from active service after reaching the 
age of sixty, provided he has served as a permanent policeman for a 
period of thirty continuous years, or after reaching the age of sixty-five 
regardless of his period of service as a permanent policeman. All peima- 
nent policemen who accept the provisions hereof and who have served 



230 Chapter 189 [1957 

as permanent policemen for thirty continuous years shall retire from 
active service at the age of seventy. Any permanent policeman accept- 
ing- the provisions hereof who shall be dismissed from service after hav- 
ing reached the age of sixty, provided he has served as a permanent 
policeman for a period of thirty continuous years, or after having 
reached the age of sixty-five regardless of his period of service as a 
permanent policeman, shall be entitled to the benefits of this chapter. 
Upon retirement a permanent policeman shall no longer be obligated to 
pay assessments to the retirement fund. The board may, if it deems 
proper, in case of a break in a policeman's continuous service of not 
more than three years, construe as a period of continuous service the 
total service of such policeman, by adding his service before the break 
to his service after the break. 

189:3 Amounts. Amend RSA 103:14 as am.ended by 1957, 50:4 
by striking out said section and inserting in place thereof the following : 
103:14 Retirement Benefits. Any permanent policeman who retires 
or is dismissed from service as provided in section 12, who accepted the 
provisions of this chapter prior to July 1, 1957 and who shall have 
complied with all the provisions hereof and with the rules and regula- 
tions of the board, shall be entitled to receive from the retirement fund, 
for each year during the remainder of his life, a sum equal to one-half 
of his average annual salary for the five j^ears next preceding his re- 
tirement as determined by the board, but in no event shall this sum be 
less than twelve hundred dollars per year or more than one-half of the 
assessed part of his annual salary at retirement; provided, however, 
that if at the date of his retirement he shall not have completed thirty 
years of continuous service the sum so determined shall be reduced 
pro rata in the proportion which the actual number of completed years 
of continuous service bears to thirty. The sum payable upon retirement 
of a permanent policeman who accepts the provisions of this chapter 
on or subsequent to July 1. 1957 shall be equal to one-sixtieth of the 
assessed part of his average annual salary for the five years next pre- 
ceding his retirement as determined by the board, for each year of his 
continuous service rendered after his attainment of age tliirty reduced 
by one-one hundred twentieth of the assessed part of such average 
salary for each year of such service rendered since June 11, 1941 and 
prior to July 1, 1957; but in no event shall the sum payable be more 
than one-half of the assessed part of his annual salary at retirement. 
Anything to the contrary notwithstanding, an appropriate adjustment, 
as determined by the board under rules uniformly applicable to all police- 
men similarly situated shall be made in the sum. otherwise payable to 
the policeman if at any time subsequent to July 1, 1953 or subsequent 
to the date of his accepting these provisions, if later, the rate of assess- 
ment upon the assessable part of his annual salary has been less than 



1957] Chapter 189 231 

five and three-fourths per cent. Retirement benefits shall be paid in 
equal monthly installments on the first business day of each calendar 
month. 

189:4 Compensation in Certain Cases. Amend RSA 103:15 by 

striking- out said section and inserting in place thereof the following: 
103:15 Compensation in Case of Death or Permanent Disability. Any 

permanent policeman accepting* the provisions hereof who shall have 
become permanently and totally disabled to perform useful service, be- 
cause of injury received in the actual performance of his duty, may be 
retired by the board, and shall be entitled to the benefits hereunder 
and shall receive an annual sum equal to one-half of the assessed part of 
his annual salary at the date of his disability, for the duration of such 
disability, as determined by the board, but in no case shall such pay- 
ment be less than twelve hundred dollars per year. Any permanent 
policeman accepting the provisions hereof who has performed faithful 
service in his department for at least twenty years and who shall be- 
come permanently and totally incapacitated from performing useful 
service, either mentally or physically, may be retired and shall be en- 
titled to the benefits hereunder and for the duration of his incapacity 
he shall receive an annual sum equal to one-half of his average annual 
salary for the five years next preceding the date of such permanent and 
total incapacity as determined by the board, but in no case shall such 
payment be less than twelve hundred dollars per year or more than one- 
half of the assessed part of his annual salary at retirement; provided 
that if at the date of his incapacity he shall not have completed thirty 
years of service the sum so determined shall be reduced pro rata in 
the proportion which the actual number of completed years of service 
bears to thirty, but in no case shall the policeman receive less than 
twelve hundred dollars per year. However, an a])propriate adjustment, 
as determined by the board under rules uniformly applicable to all 
policemen similarly situated, shall be made in tlie sum otherwise pay- 
able to the policeman disabled because of injury in the actual perform- 
ance of duty or incapacitated from performing useful service, either 
mentally or physically, if at any time subsequent to July 1, 1953 or sub- 
sequent to the date of his accepting these provisions, if later, the rate 
of assessment upon the assessable part of his annual salary has been 
less than five and three-fourths per cent. The fact of such disability or 
such incapacity shall be established from time to time as the board may 
require by a certificate of a physician designated by the board. In case 
a permanent policeman, accepting the provisions hereof, shall die as the 
result of injury received in line of duty, his widow, or if none, his minor 
child or children shall receive an annual sum equal to one-half the 
assessed part of the annual salary of such deceased policeman at the 
time of his death but in no case less than twelve hundred dollars per 
year. This sum shall be payable until, in the case of a widow, she dies, 



232 Chapteb 190 [1957 

or remarries, or in the case of a minor child or children, they die or 
reach the age of eighteen years, but if there is no wife, child or chil- 
dren under the age of eighteen years, surviving such policeman, then 
to his totally dependent father or mother, or both, or the survivor of 
them, as the board shall determine, during dependency. In case the 
widow dies without remarrying and leaves a minor child or children 
the payment shall continue until such minor child or children die or 
reach the age of eighteen years or marry before reaching the age of 
eighteen years. Said sums shall be paid in equal monthly installments 
on the first business day of each calendar month. Should such deceased 
policeman leave no widow, minor child or children, or totally dependent 
father or mother, his estate shall be entitled to receive from the retire- 
ment fund all payments made thereto by him, without interest. In case a 
permanent policeman, accepting the provisions hereof, shall die not as 
the result of injury received in line of duty, his widow, or, if none, his 
living child or children under age eighteen shall receive, in addition to 
the amount payable under section 14 hereof, a lump sum equal to the 
assessed part of the annual salary of such deceased policeman at the 
time of his death, but, in no case less than twelve hundred dollars. 

189:5 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved June 21, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 190. 



AN ACT RELATIVE TO MARINE TOILETS AND DISPOSAL OF SEWAGE 

FROM BOATS. 

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

190:1 Restrictions upon Sewage Disposal from Boats. Amend 
RSA by adding after chapter 149, the following new chapter: 

Chapter 149-A 
Marine Toilets and Disposal of Sewage from Boats 
149-A :1 Definitions. As used herein the following terms, un- 
less the context clearly indicates otherwise, shall have the following 
meanings : 

I. "Sewage" means all human body wastes. II. "Boats" 
means any vessel or water craft whether moved by oars, paddles, sails 
or other power mechanism, inboard or outboard, or any other vessel or 
structure floating upon the water whether or not capable of self-loco- 
motion, including but not limited to house boats, barges and similar 
floating objects. III. "Marine toilet" means any toilet on or within 
any boat as that term is defined herein. IV. "Waters of this state" 
means waters classified, or unclassified, as defined in RSA 149. 



1957] Chapter 190 233 

149-A:2 Marine Toilets, Restrictions On. After the effective 
date hereof no marine toilet on any boat operated upon waters of this 
state, shall be so constructed and operated as to discharge any inade- 
quately treated sewage into said waters directly or indirectly. No boat 
shall be so equipped as to permit discharge from or through its marine 
toilet, or in any other manner, of any inadequately treated sewage at 
any time into waters of this state, nor shall any container of inade- 
quately treated sewage be placed, left, discharged or caused to be placed, 
left or discharged in or near any waters of this state by any person at 
any time whether or not the owner, operator, guest or occupant of a 
boat. 

149:3 Marine Toilets, Manner of Operation. After the effective 
date hereof any marine toilet located on or within any boat operated on 
waters of this state shall have securely affixed to the interior discharge 
opening of such toilet a suitable treatment device in operating condition, 
constructed and fastened in accordance with regulations of the water 
pollution commission or some other treatment facility or method author- 
ized by regulation of the water pollution commission. All sewage pass- 
ing into or through such marine toilets shall pass solely through such 
devices. The water pollution commission shall have authority to carry 
out the provisions of this chapter by appropriate regulations. 

149-A:4 Penalty. Whoever violates any of the provisions here- 
of or of regulations of the water pollution commission promulgated by 
authority hereof shall be fined not more than five hundred dollars or 
imprisoned for not more than one year or both, and such fine, if im- 
posed, shall constitute a lien against the boat on v/hich the offense was 
committed whether or not the defendant is also the registered owner 
or operator of said boat unless said boat was used without permission of 
the owner. 

149-A:.5 Enforcement. All boats located upon waters of this 
state shall be subject to inspection by the water pollution commission 
or any lawfully designated agent or inspector thereof at any time for 
the purpose of determining whether such boat is equipped in compliance 
herewith. The members of the water pollution commission, its agents 
and inspectors, for these purposes shall have all the powers of a deputy 
sheriff throughout the state. 

149-A:6 Required Registrations. No boat shall be operated up- 
on waters of this state after the effective date hereof having within or 
on it a marine toilet without a certificate of registration from the public 
utilities commission as required by RSA 270. 

149-A:7 Suspension of Registration. If, upon said inspection it 
shall appear that any marine toilet within or on a boat in operation on 
waters of this state is not adequately equipped with a treatment device 



234 Chapter 190 [1957 

within said boat and securely affixed to such toilet, the member, agent, 
or inspector is directed not later than forty-eight hours thereafter to re- 
quire from the owner, operator, or any person on board said boat pro- 
duction and surrender of its certificate of registration. The owner, opera- 
tor, or any person on board said boat shall have forty-eight hours from 
said inspection within which to remedy the defect. If, at the expiration 
of said forty-eight hours the boat remains inadequately equipped with a 
treatment device as hereinabove described, said member, agent, or in- 
spector shall then endorse in ink upon said certificate of registration a 
brief statement of the nature of the violation and shall forward it forth- 
with by mail or in person to the public utilities commission, where it 
shall be held by said commission until receipt of written authority from 
the water pollution commission for its return, which authority shall in- 
clude a statement that the specified violation has been remedied in 
accordance with the provisions hereof and regulations of the water pollu- 
tion commission promulgated hereunder. 

149-A:8 Appeal to Water Pollution Commission; Notice and 
Hearing. Whenever the person or occupant producing a certificate of 
registration which is taken up for violation of this act is not also the 
registered owner, that fact shall be made known to the public utilities 
commission at the time of its delivery to said commission, whereupon it 
shall be the duty of the public utilities commission to give notice in 
writing of the fact of suspension and the reason therefor to the 
registered owner at the address appearing upon said registration. Such 
notice shall be by registered mail. Any registered owner whose certifi- 
cate is suspended for violation of this act shall have ten days from re- 
ceipt of actual notice of said suspension to appeal to the water pollution 
commission in protest thereof and to request a hearing on the question 
of such suspension. In such hearings the water pollution commission 
shall have authority to compel tlie attendance of witnesses and the tak- 
ing of testimony under oath and shall preserve in v/riting a summary of 
substantial evidence produced before it upon which any decision in such 
cases is rendered. Decisions of the water pollution commission under 
this section shall be reviewable by the supreme court only as to 
questions of law. Nothing in this section shall operate to reinstate any 
certificate of registration pending a decision of the water pollution com- 
mission other than by proof before it that the violation of this act for 
which the registration certificate was suspended no longer continues or 
by proof that no violation in fact occurred. 

149-A:9 Operation after Suspension. No boat shall be operated 
upon any waters of this state after its certificate of registration has been 
taken up for violation hereof other than from the point at which said 
certificate was taken up to a permanent mooring. For violation of this 



1957] Chapter 191 235 

section said certificate of registration shall be revoked by the public 
utilities commission for a period of not less than twelve months. 

149-A:10 Transfer of Title in Fraud of or after Suspension. 

Any transfer of a boat, the registration certificate of which has been 
suspended in the manner aforesaid, shall not operate to entitle the trans- 
feree to a new registration certificate free of the restrictions lawfully 
imposed under the provisions hereof, and any transferee requesting a 
new registration for the same boat shall be required to produce, as a 
condition precedent to such issuance, the registration certificate of the 
transferor. 

149-A:11 Subsequent Registrations. Applications for original 
or renewal of certificates of registration from, the public utilities com- 
mission subsequent to the effective date hereof, shall contain a state- 
ment subject to the penalties of perjury that the boat described therein 
is equipped in compliance herewith. 

190:2 Takes Effect. This act shall take effect December 31, 1958. 
[Approved June 21, 1957.] 
[Effective date December 31, 1958.] 



CHAPTER 191. 

AN ACT RELATING TO THE EQUIPMENT OF MOTOR BUSSES. 

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

191 :1 Operation of Motor Vehicles. Amend RSA 263 :65 by insert- 
ing after the words "equipped with" in the fifteenth line the words "two 
or" so that the said section as amended shall read as follows: 263:65 
Width and Length. No veliicle whose width including load is greater 
than ninety-six inches, or wliose length including load is greater than 
thirty-five feet, and no combination of wheels coupled together whose 
total length, including load, is greater than forty-five feet, shall be 
operated on the highways of this state. Provided, however, that the 
provisions of this section relative to length shall not apply to vehicles 
transporting poles, logs, timbers or metal, when actually so employed, 
and that in determining width there shall be excluded six inches of any 
increase in width due to changing to low pressure tire equipment from 
other tire equipment. Provided further, that a vehicle may be operated 
on the highways of tliis state transporting a load of loose hay or loose 
fodder when the width including such load is greater than ninety-six 
inches so long as the width of said vehicle without said load does not 
exceed said ninety-six inches. Provided further, that a motor bus may 
be operated on the highways of this state which shall be equipped with 
two or three axles, and which shall not exceed an overall length, in- 



236 Chapters 192, 193 [1957 

elusive of front and rear bumpers, of forty feet, and which shall not have 
an axle load of more than eighteen thousand pounds on any one axle, 
provided further, that said type motor bus may be operated only on those 
highways specifically designated by the commissioner of motor vehicles. 

191 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 21, 1957.] 
[Effective date June 21, 1957.] 



CHAPTER 192. 

AN ACT RELATIVE TO SALE OF ELECTRICAL APPLIANCES. 

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

192:1 Electrical Equipment. Amend RSA 158 by inserting at the 
end thereof the following new subdivision : 

Electrical Material, Devices, Appliances, and Equipment 

158:23 Prohibition. It shall be unlawful for any person, firm or 
corporation to offer for sale, manufacture for sale, expose for sale at 
retail, or rent to the general public or dispose of by gift as premiums 
or in any similar manner, any material, devices, appliances or equipment 
requiring electrical energy to function and designed for household or 
other domestic uses which are not in conformity with standard approved 
methods of construction for safety to life and property. 

158:24 Authority. To carry out the provisions of this act the 
state board of fire control is authorized to take such means as it may 
deem necessary to inform the public of the intent and purposes of this 
act and make such regulations as may be required for its effective en- 
forcement. 

158:25 Penalty. Whoever violates any of the provisions set 

forth in this subdivision shall be liable to a fine of not more than one 

hundred dollars or imprisonment for not more than six months or both. 

192:2 Takes Effect. This act shall take effect sixty days after its 

passage. 

[Approved June 21, 1957.] 
[Effective date August 20, 1957.] 



CHAPTER 193. 

AN ACT EXTENDING ROAD IN WARNER. 

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

193:1 Road in Warner. Amend RSA 231 :6 as amended by 1957, 
99:1 and 1957, 162:1 by striking out the words "original toll gate 



1957] Chapter 194 237 

location" and inserting- in place thereof the words, Top of Tory Hill, so 
called, so that said section as amended shall read as follows: 231:6 
Class III Recreational Roads. The department of public works and 
hig-hways shall assume full control of reconstruction and maintenance 
of roads designated by the forestry and recreation commission and high- 
way commissioner within the following" state reservations and rights of 
way thereto, and such roads shall be known as recreational roads; 
Belknap State Reservation in the town of Gilford ; the road from Route 
114 at North Sutton village to and through Wadleigh State Park to the 
western boundary of said park on the lake front highway; Cathedral 
Ledge State Reservation in the towns of Conway and Bartlett; the 
Arethusa Falls road in the town of Hart's Location; Pillsbury State 
Reservation in the town of Washington ; White Lake State Park in the 
town of Tamworth; Pawtuckaway State Reservation in the towns of 
Nottingham and Deerfield ; Milan Hill State Park in the town of Milan ; 
Cardigan State Reservation in the town of Orange; Kearsarge State 
Reservation in the town of Wilmot; Mt. Sunapee State Park in the town 
of Newbury; Rhododendron State Reservation in the town of Fitz- 
william ; Bear Brook State Reservation in the towns of Deerfield, Hook- 
sett, Allenstown and Candia ; and the road formerly known as the Kear- 
sarge Mountain Toll road in the tovv^n of Warner, extending from the 
Top of Tory Hill, so called, to its terminus near the summit of Kearsarge 
Mountain; and Mondanock State Forest Reservation in the town of 
Jaffrey, and the road to the beach development at Mt. Sunapee State 
Park in the town of Newbury; and the road from Route 116, so called, to 
Forest Lake State Park in the towns of Whitefield and Dalton. The cost 
of reconstruction and maintenance shall be a charge upon the highway 
funds. This section shall not be construed as affecting the control of the 
forestry and recreation department over parking areas or other facilities 
within said reservations. 

193:2 Takes EfTect. This act shall take effect upon its passage. 
[Approved June 21, 1957.] 
[Effective date June 21, 1957.] 



CHAPTER 194. 

AN ACT RELATING TO BUILDING AND LOAN ASSOCIATIONS. 

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

194:1 Building and Loan Associations. Amend RSA 393:15-a 
(supp) as inserted by 1955, 140:1 by striking out said section and in- 
serting in place thereof tlie following: 393:l5-a Unsecured Loans. A 
loan association or cooperative bank may loan its funds as follows: 



238 Chapter 195 [1957 

I. In loans insured by the Federal Housing Commissioner under 
Title I of the National Housing Act of 1934 with all subsequent amend- 
ments thereto. 

H. In loans of improved real estate for the purpose of financing 
the repair, alteration, improvement or rehabilitation without the addi- 
tional security of a lien upon such real estate; Provided, that (a) the 
loan association or cooperative bank is the holder of tlie first mortgage 
upon the property to be improved; (b) the net proceeds of any such loan 
do not exceed thirty-five hundred dollars; (c) each such loan is evidenced 
by one or more negotiable notes; (d) the resulting aggregate amount of 
all such loans does not exceed an amount equal to fifteen per cent of a 
loan association's or cooperative bank's assets ; (e) each such loan is re- 
payable in regular monthly installments within a period of five years. 

194:2 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved June 21, 1957.] 
[Effective date August 20, 1957.] 



CHAPTER 195. 

AN ACT TO CLARIFY THE RELATIONSHIP BETWEEN THE BOARD OF NURSING 

EDUCATION AND NURSE REGISTRATION AND THE STATE DEPARTMENT 

OF EDUCATION AND TO PROVIDE FOR THE ACCEPTANCE OF 

FEDERAL AID FOR PRACTICAL NURSE TRAINING. 

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

195:1 Supervision of Education. Amend section 1, chapter 326, 
RSA, as amended by section 1, chapter 306, Laws of 1955, by inserting 
in the last sentence after the words "the board" the words, subject to the 
supervision of the state board of education, so that said section as amend- 
ed shall read as follows : 326:1 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 tlie 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, subject to the supervision 
of the state board of education, shall be responsible for the direction 
and supervision of nursing education in all the schools of nursing in the 
state. 



1957] Chapter 195 239 

195:2 State Board of Education. Amend section 2, chapter 326, 
RSA, by striking- out the words "g-overnor and coancil" and inserting in 
place thereof the words, state board of education, so that said section as 
amended shall read as follows: 326:2 Director of Nursing Education. 
Said board, upon nomination of the commissioner of education and the 
approval of the state board of education, shall appoint a director of 
nursing education, whose salary shall be fixed by the board and who 
shall serve at the pleasure of the board. The duties of said director shall 
be defined by the board and shall include direction and supervision of 
the educational program in all schools of nursing in the state. 

195:3 Practical Nursing Education. Amend section 18, chapter 
326, RSA, by striking out the words "nurse examiners" in the first 
sentence thereof and inserting in place thereof the words, nursing edu- 
cation and nurse registration, and by inserting after the words "the 
board" in the last sentence thereof the words, subject to the super- 
vision of the state board of education, so that said section as amended 
shall read as follows: 326:18 Administration. The board of nursing 
education and nurse registration established by section 1 hereof, shall 
administer the provisions of this subdivision. Said board may issue 
licenses to applicants to be known as licensed practical nurses and shall 
formulate and promulgate rules and regulations from time to time as 
may be necessary for the proper conduct of the care of the sick by a 
licensed practical nurse. The board, subject to the supervision of the 
state board of education, shall approve the establishment of schools for 
the training of practical nurses, shall prescribe the courses of instruction 
in connection therewith, and shall provide for appropriate examinations 
before a license to practice as a licensed practical nurse may be issued. 

195 :4 Federal Aid for Practical Nurse Training. The state board 
of education is hereby designated as the sole agency for the administra- 
tion of, or for the supervision of the administration by the school boards 
of towns and cities of, this state's plan to extend and improve vocational 
education in practical nurse training, pursuant to Title II of the Voca- 
tional Education Act of 1946 as inserted by Title III of the Health 
Amendments Act of 1956 (60 Stat. 775 as amended by 70 Stat. 925) as 
now in effect or as hereafter amended or extended. The commissioner of 
education is authorized to prepare for approval by the state board of 
education and transmission to the U. S. Commissioner of Education a 
plan to extend and improve vocational education in practical nurse 
training in this state in conformity with the foregoing Act of Congress 
as now in effect or hereafter amended or extended. The board of nursing 
education and nurse registration is authorized and directed to consult 
and advise with the commissioner of education in the preparation of 
such plan and from time to time thereafter, as he may request their 
advice, in the administration of such plan. The state board of education 



240 Chapter 196 [1957 

is hereby empowered to adopt reasonable rules and regulations to make 
this state's plan operative in conformity with all applicable federal 
legislation and regulations. The commissioner of education or such of 
his assistants as may be designated to supervise the functions of the 
state board of education under the plan shall have the consultative 
services of the director of nursing education created by section 2, chap- 
ter 326, RSA, available to him, or in the alternative, the commissioner 
may employ a registered professional nurse in his department to super- 
vise directly the functions of the state board of education under the 
plan. 

195:5 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 21, 1957.] 
[Effective date August 20, 1957.1 



CHAPTER 196. 



AN ACT RELATIVE TO EDUCATIONAL FACILITIES FOR INTELLECTUALLY 
RETARDED CHILDREN. 

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

196:1 Intellectually Retarded Children. Amend RSA 186 by in- 
serting after section 50 the following new subdivision : 

Intellectually Retarded Children 
186:50-a Educational Facilities. Any child under tlie age of 
twenty-one years and who is at least three years mentally retarded and 
capable of profiting from instruction may be provided transportation and 
have his tuition paid to special classes or schools organized for this type 
of instruction which are approved by the state board of education and 
to which assignments are made by the school board. 

186:50-b Teachers. A school board may in accordance with 
rules and regulations of the state board employ a teacher or teachers to 
offer instruction to intellectually retarded children. Eligibility for this 
type of special education shall be determined by the school board under 
regulations promulgated by the state board of education. 

186:50-c Expenses. The expenses incurred by a school board in 
administering the law in relation to education for the intellectually re- 
tarded children shall be paid by the district in which the case arises. 

196:2 Takes Effect. This act shall take effect as of July 1, 1958. 
[Approved June 21, 1957.] 
[Effective date July 1, 1958.] 



1957] Chapters 197, 198 241 

CHAPTER 197. 

AN ACT RELATING TO THE CONFIDENTIAL NATURE OF ADOPTION 
RECORDS AND PROCEEDINGS. 

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

197:1 Adoption. Amend RSA 461 by inserting after section 10 
thereof, the following' new section: 461:11 Records and Proceedings 
Confidential. 

I. Unless the court shall otherwise order, all hearings held in 
proceedings under this chapter shall be confidential and shall be held in 
closed court without admittance of any person other than interested 
parties and their counsel. 

II. All papers and records pertaining to adoption, including all 
petitions, reports, pleadings, orders and decrees shall be kept as a perma- 
nent record of the probate court and, together w\i\\ any index thereof, 
shall be withheld from inspection. No person shall have access to such 
records or index except on order of the judge of the probate court in 
which the decree of adoption was entered and for good cause shown. 

III. All files and records pertaining to said adoption proceedings 
in the department of public welfare or in any licensed child-placing 
agencies shall be confidential and withheld from inspection except upon 
order of the probate court in which the decree of adoption was entered 
and for good cause shown. 

IV. This section shall apply to all records of adoptions decreed 
prior to the effective date of this act, and to all records and proceedings 
pertaining to adoptions on or after the eflfective date of this act. 

197:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 21, 1957.] 
[Effective date June 21, 1957.] 



CHAPTER 198. 



AN ACT CHANGING THE TITLE OF OVERSEER OF THE POOR TO 
OVERSEER OF PUBLIC WELFARE. 

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

198:1 Change of Title. Amend RSA 41:2 by striking out the 
words "of the poor" in the third line and inserting in place thereof the 
words, of public welfare, so that said section as amended shall read as 
follows: 41:2 — Optional Officers. In addition to the officers which 
towns are hereinafter required to elect at the annual meeting, any town 
may choose one or more collectors of taxes, agents, overseers of public 



242 Chapter 199 [1057 

welfare, constables or police officers, and everj^ other officer v/ho may be 
directed by law to be chosen, and such other officers as it may judge 
necessary for managing- its affairs, who shall severally perform the 
duties prescribed by law. 

198:2 Overseers of Poor. Amend RSA 41:46 by striking out the 
words "overseers of the poor" and inserting in place thereof the words, 
overseers of public welfare, so that said section as amended shall read 
as follows : 41 :46 Duties. Overseers of public welfare shall keep full 
and accurate records of the paupers fully supported, the persons I'elieved 
and partially supported, and the travelers and vagrants lodged at the 
expense of their respective towns, together with the amounts paid by 
them for such support and relief, and shall make an annual return of 
the number of said persons supported and relieved, with the cost of such 
support and relief, to the board of public welfare on or before July first 
in each year, on blanks furnished by said board. 

198:3 Words Defined. Wherever in the statutes the words "over- 
seer of the poor" appear they shall be deemed to apply to the overseer 
of public welfare. All powers and duties now imposed upon overseers of 
the poor are transferred to the overseers of public welfare. 

198:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 21, 1957.] 
[Effective date August 20, 1957.] 



CHAPTER 199. 

AN ACT RELATIVE TO COMPENSATION OF MEMBERS OF APPEAL TRIBUNAL 
IN PUBLIC CONSTRUCTION CONTRACTS. 

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

199:1 Appeals Board; Employees in Public Works. Amend RSA 
280:3 (supp) as amended by 1955, 323:1 by striking out the whole there- 
of and inserting in place thereof the following: 280:3 Appeal. With- 
in 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 employees 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 coun- 
cil shall appoint two members for a term of two years each. Employers 
and organized employees in the construction industry shall each be rep- 
resented 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, 



1957] Chapter 200 243 

said third member shall be appointed by the governor and council. The 
three members of the appeal tribunal shall be paid a fee of twenty 
dollars per day for each day of actual attendance of called meetings of 
the appeal tribunal and shall also be reimbursed for necessary travel 
and other necessary expenses. If while an appeal is pending any mem- 
ber 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 tlien pending. 
Upon the filing of an appeal hereunder, the appeal board shall fix a time 
and place for a public hearing thereon to be held not later than seven,' 
days after filing of the appeal, Saturdays, Sundays and holidays ex- 
cepted; and the commissioner of labor shall give written notice thereof 
to any public awarding agencies concerned, and to all interested asso- 
ciations and organizations of employers and employees in the construc- 
tion industry deemed by him to be afi'ected by the appeal. Within forty- 
eight hours after adjournment 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 afl['ected thereby. 

199 :2 Takes Effect. This act shall take effect upon its passage. 
[Effective date June 24, 1957.] 



CHAPTER 200. 



AN ACT RELATIVE TO OPTIONAL ALLOWANCES UNDER THE TEACHERS' 

RETIREMENT SYSTEM AND TO DATE OF MODIFICATION OF 

INTEGRATED SYSTEMS. 

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

200:1 Teachers' Retirement Optional Allowances. Amend the first 
paragi-aph of RSA 192:9 by striking out the word "sixty" where it 
occurs in the sixth and seventh lines and inserting in place thereof the 
word, thirty, so that said paragraph as amended shall read as follows: 
Until the first payment on account of a retirement allowance becomes 
normally due, any member may elect to convert the retirement allow- 
ance otherwise payable on his account after retirement into a retire- 
ment allowance of equivalent actuarial value under one of the optional 
forms named below; provided, however, that no election of an optional 
benefit shall be effective until thirty days after the date of the filing of 
the election thereof with the board of trustees, or until thirty days after 
retirement, whichever is the later, and if the member dies before such 
election becomes effective, the benefits payable on his account shall be 
the same as thougli his election had not been filed and he had not been 
retired. 



244 Chapter 201 [1957 

200:2 Modification of Agreement Relative to Social Security 
Coverage. Amend paragraph I of RSA 101 :17 as inserted by 1957, 48 :7 
by striking out the word and figure "June 30" and inserting in place 
thereof the word and figure, June 28, so that said paragraph as amended 
shall read as follows : 

I. Whenever following the referendum with respect to the mem- 
bers of the teachers' retirement system authorized in paragraph I of 
section 10 of RSA 101 as inserted hereinbefore, it shall appear that said 
members have voted in favor of including service in positions covered by 
the teachers' retirement system under an agreement under said chap- 
ter 101, and it shall further appear that the governor has filed with the 
secretary of health, education and welfare with respect to said referen- 
dum the certificate required by paragraph II of said section 10, 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 such service in 
positions covered by the teachers' retirement system which under said 
chapter constitutes employment performed in the employ of the state, 
or any political subdivision thereof. Such modification shall be entered 
into as of June 28, 1957, or as soon thereafter as practicable, and shall 
be effective with respect to such service performed after December 31, 
1955. 

200:3 Takes Effect. This act shall take effect upon its passage. 

[Approved June 28, 1957.] 

[Effective date June 28, 1957.] 



CHAPTER 201. 



AN ACT RELATIVE TO INTEREST FROM DATE OF WRIT IN CERTAIN 

CIVIL ACTIONS. 

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

201:1 Civil Actions. Amend RSA 524 by inserting after section 1 
the following new sections : 

524:lMa Interest to be Added. In the absence of a demand prior 
to the institution of suit, in any action on a debt or account stated or 
where liquidated damages are sought, interest shall commence to run 
from the time of the institution of suit. This statute shall be inapplicable 
where the party to be charged pays the money into court in accordance 
wih the rules of the superior court. 

524:l-b Interest from Date of Writ. Tn any action in which a 
verdict is rendered or a finding made for pecuniary damages for personal 



1957] Chapter 202 245 

injuries to the plaintiff, or for wrongful death or for consequential 
damages, or for damage to property, there shall be added by the clerk 
of court to the amount of damages interest thereon from the date of 
the writ, even though such interest brings the amount of the verdict or 
finding beyond the maximum liability imposed by law. 

201 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 1, 1957.] 
[Effective date August 30, 1957.] 



CHAPTER 202. 

AN ACT RELATIVE TO TAXATION OF REAL ESTATE AND PERSONAL PROPERTY. 

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

202:1 Property Taxable. Amend RSA 72:6 by striking out said 
section and inserting in place thereof the following: 72:6 Real Estate. 
All real estate, whether improved or unimproved, shall be taxed except 
as otherwise provided. 

202:2 Exemptions. Amend RSA 72:23 (supp) as amended by 
1955, 157:1 by striking out said section and inserting in place thereof 
the following: 72:23 Real Estate and Personal Property Tax Ex- 
emption. The following real estate and personal property shall be 
exempt from taxation : 

I. Lands and the buildings and structures thereon and therein 
and the personal property owned by the state, cities, towns, school dis- 
tricts and village districts; 

II. Lands and buildings and personal property owned and used 
by any county for governmental purposes, including almshouses, hospi- 
tals, court houses, registry buildings, jails and houses of correction 
except that county farms and their lands, buildings and taxable personal 
property shall be taxed; 

III. Houses of public worship, parish houses, church parsonages 
occupied by their pastors, convents, monasteries, buildings used prin- 
cipally for religious training or for other religious purposes, and the 
lands thereto appertaining owned and occupied by any regularly recog- 
nized and constituted denomination, creed or sect, organized or incorpo- 
rated in this state and the personal property used by them for the pur- 
poses for which they are established; 

IV. The buildings and structures of schools, seminaries of learn- 
ing, colleges, academies and universities organized or incorporated or 
carrying on their principal activities in this state and owned, used and 



246 Chapter 202 [1957 

occupied by them for the purposes for which they are established, in- 
cluding but not limited to the dormitories, dining rooms, kitchens, audi- 
toriums, classrooms, infirmaries, administrative and utility rooms and 
buildings connected therewith, athletic fields and facilities and gym- 
nasiums, boat houses and wharves belonging to them and used in 
connection therewith, and the land thereto appertaining but not includ- 
ing lands and buildings not used and occupied directly for the purposes 
for which they are organized or incorporated, and the personal property 
used by them for the purposes for which they are established, provided 
none of the income or profits are divided among the members or stock- 
holders or used or appropriated for any other purpose than the purpose 
for which they are organized or established; provided further that if 
the value of the dormitories, dining rooms and kitchens shall exceed 
one hundred and fifty thousand dollars, the value thereof in excess of 
said sum shall be taxable. A town at an annual town meeting or the 
governing body of a city may vote to increase the amount of the ex- 
emption upon dormitories, dining rooms and kitchens. 

V. The real estate and personal property owned by charitable 
organizations and societies organized or incorporated in this state or 
having a principal place of business in this state, and occupied and used 
by them for the purposes for which they are established, provided that 
none of the income or profits thereof is used for any other purpose than 
the purpose for which they are established. 

VI. Every charitable organization or society, except those reli- 
gious and educational organizations and societies whose real estate is 
exempt under the provisions of III and IV above, shall annually before 
June first file with the state tax commission upon a form prescribed and 
provided by the tax commission a statement of its financial condition 
for the preceding fiscal year and such other information as may be 
necessary to establish its status and eligibility for tax exemption. 

202:3 Repeal. RSA 72:24, 25, 26 and 27 relative to limitation on 
institutional exemption, are hereby repealed. 

202 :4 Veterans Organizations. Amend RSA 72 by inserting after 
section 23 the following new^ sections : 72 :23-a Veterans Org-anizations. 
The real estate and the personal property owned, occupied and used 
directly by the Grand Army of the Republic, the United Spanish War 
Veterans, Veterans of Foreign Wars, the American Legion and the Dis- 
abled American Veterans, shall be exempt from taxation. 72:23-b 
American Red Cross. The real estate and the personal property belong- 
ing to the American National Red Cross shall be exempt from taxation. 
72:23-c Annual List. Every religious, educational and charitable 
organization and the Grand Army of the Republic, the United Spanish 
War Veterans, Veterans of Foreign Wars, the American Legion, the 
Disabled American Veterans, and the American National Red Cross shall 



1957] Chapter 203 247 

annuallj^ on or before April fifteenth, file a list of all real estate and per- 
sonal property owned by them on which exemption from taxation is 
claimed, upon a form prescribed and provided by the tax commission, 
with the selectmen or assessors of the place where such real estate 
and personal property are taxable. A copy of such list shall at the same 
time be filed with the state tax commission, which shall be a public 
record. If any such organization or corporation shall wilfully neglect or 
refuse to file such list upon request therefor, the selectmen may deny 
the exemption. 

202:5 Exceptions. Nothing herein contained shall repeal any ex- 
emption granted by special act and existing on the effective date of this 
act. All lawful exemptions granted by towns and cities in effect prior to 
April 1, 1958 shall remain in full force and effect until changed in accord- 
ance with this act by vote of such town or city. 

202:6 Takes Effect. This act shall take efl^ect as of April 1, 1958. 
[Approved July 2, 1957, 3:15 P.M.] 
[Effective date April 1, 1958.] 



CHAPTER 203. 



AN ACT RELATIVE TO EXEMPTIONS UNDER MOTOR VEHICLE ROAD 

TOLL LAW. 

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

203 :1 Motor Vehicle Road Toll. Amend sub-paragraph (a) of RSA 
265:19, II by striking out the words "ninety days" and inserting in place 
thereof the words, six months, and by striking out the last sentence of 
said sub-paragraph, so that said sub-paragraph as amended shall read as 
follows: (a) All applications for refunds must be made under penal- 
ties of perjury and must be filed with the commissioner within six 
months from the date of purchase or invoice of the motor fuel with re- 
spect to which refund is claimed. 

203:2 Takes Effect. This act shall take effect July 1, 1957. 
[Approved July 2, 1957.] 
[Effective date July 1, 1957.] 



248 Chapters 204, 205 [1957 

CHAPTER 204. 

an act relative to the salary of the special justice of 
Portsmouth municipal court. 
Be it enacted by the Senate and House of Representatives in General 
Court convened: 

204:1 Portsmouth Municipal Court. Amend RSA 502:8 (supp) 
as amended by 1955, 253:1, and 1957, 125:2 and an act of this session 
relative to Nashua municipal court, by striking out the words "of Ports- 
mouth four hundred dollars" and by adding at the end of said section 
the words. Provided further that the annual salary of the special justice 
of the municipal court of Portsmouth shall be four hundred and fifty 
dollars, and in addition he shall be paid ten dollars a day for each day 
or part thereof that he shall serve in said capacity, so that said section 
as amended shall read as follows : 

502:8 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 two thousand five hundred dollars, of Dover two hundred 
dollars, of Concord one thousand dollars, of Laconia five hundred dollars, 
of Somersworth two hundred dollars, and of Hampton three 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 Ber- 
lin shall be paid from the treasury of the city six hundred dollars per 
annum; Provided further that the annual salary of the special justice 
of the municipal court of Portsmouth shall be four hundred and fifty 
dollars, and in addition, he shall be paid ten dollars a day for each day 
or part thereof that he shall serve in said capacity. 

204:2 Takes Effect. This act shall take effect July 1, 1957. 
[Approved July 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 205. 



AN ACT RELATIVE TO PREPARING AND DISTRIBUTING A PEACE 
officer's MANUAL. 

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

205:1 Duties of the Attorney General. Amend RSA 7 by insert- 
ing after section 6 the following new section: 7:6-a Law Enforcement 



1957] Chapter 206 249 

Manual. Under the direction of the attorney general there shall be pre- 
pared and distributed from time to time a law enforcement manual. This 
manual shall contain interpretations of law pertaining to the duties of 
peace officers, law of arrest, admissibility of evidence, trial procedure 
and such other material as the attorney general deems necessary. This 
manual shall be for distribution to such law enforcement officials as the 
attorney general may determine upon the payment of such price therefor 
as determined by the attorney general. 

205 :2 Appropriation. The sum of three thousand dollars is hereby 
appropriated to be expended by the attorney general in the preparation 
and distribution of the law enforcement manual provided for by this act. 
The governor is authorized to draw his warrant for the sum hereby 
appropriated out of any money in the treasury not otherwise appro- 
priated. 

205:3 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved July 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 206. 

AN ACT RELATIVE TO APPOINTMENT OF A CHIEF OF POLICE. 

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

206:1 Chief of Police in Towns. Amend RSA 105:1 by striking 
out said section and inserting in place thereof the following: 105:1 
Appointment. The selectmen of a town, when they deem it necessary, 
may appoint special police officers who shall continue in office during the 
pleasure of the selectmen, or until their successors are chosen or appoint- 
ed. The selectmen may designate one of the police officers as chief of 
police or superintendent and as such officer the chief of police or superin- 
tendent shall exercise authority over and supervise or superintend other 
police officers, police matrons, watchmen or constables appointed under 
the provisions of this chapter, and said police officers, police matrons, 
watchmen or constables shall be accountable and responsible to said 
chief of police or superintendent. Nothing herein shall be construed to 
preclude or prevent a town from electing constables or police officers at 
an annual town meeting pursuant to the provisions of RSA 41 :a. 

206:2 Takes Effect. This act shall take efi^'ect upon its passage. 
[Approved July 2, 1957.] 
[Effective date July 2, 1957.] 



250 Chapters 207, 208 [1957 

CHAPTER 207. 

AN ACT RELATIVE TO MEMBERS OF INTERSTATE COMMISSIONS, AND 
RETIREMENT BENEFITS THEREFOR. 

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

207:1 State Employees Retirement System. Amend RSA 100 by 
insertion after section 20 the following- new section : 100 :20-a Members 
of Interstate Commissions. Noth withstanding any other provision of 
law, an employee of the state and a member of its retirem^ent system 
selected to serve with an interstate commission on which the state is 
represented and to which the state contributes, shall, while serving with 
such interstate commission, continue in membership of the state em- 
ployees retirement system, and shall contribute to the funds of said 
system in an amount which he would have contributed had he remained 
in the service of the state, and shall be entitled to all the benefits and 
privileg-es of the retirement system as though he continued to be paid 
from a state payroll. Provided further that when any member of the 
state retirement system serving on such interstate commission takes 
advantag"e of the provisions Jiereof and makes the necessary contribu- 
tions to the state system the interstate commission shall also contribute 
to said state retirement system amounts equal to the contributions for 
which the state would have been liable had said employee remained in 
the service of the state. 

207:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 2, 1957.] 
[Effective date August 31, 1957.] 



CHAPTER 208. 

AN ACT PROVIDING FOR AN ADDITIONAL MEMBER OF THE STATE 
BOARD OF HEALTH. 

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

208:1 State Board of Health. Amend RSA 125:6 by striking out 
said section and inserting in place thereof the following: 125:6 Com- 
position and Organizational Functions. The state board of health shall 
consist of the attorney general ex officio and seven other members, three 
to be physicians, one a dentist, one a civil engineer, and two who shall be 
neither physicia-ns, dentists, nor civil engineers, appointed by the gover- 
nor with the advice and consent of the council for a term of six years 
and until their successors are appointed and qualified. Vacancies shall be 



1957] Chapter 209 251 

filled for the unexpired terms. It shall be the duty of the board to super- 
vise the department that its duties may be effectuated, to make such 
rules and regulations and take action necessary or desirable to carry out 
the provisions of public health laws under its jurisdiction, to establish 
such divisions within the department as may be necessary for efficient 
administration and to appoint the heads of such divisions, except as 
otherwise specifically provided by statute. 

208:2 Takes Effect. This act shall take effect upon its passage. 
[Approved July 2, 1957.] 
[Effective date July 2, 1957.] 



CHAPTER 209. 



AN ACT RELATIVE TO SALARIES OF THE JUSTICE AND SPECIAL JUSTICE 

OF Nashua municipal court. 

Be it enacted by the Sejiate and House of Rep^-csentatives in General 
Court convened: 

209 :1 Nashua Municipal Court. Amend paragraph I of RSA 502 :7 
(supp) as amended by 1955, 133:1, 182:1, 279:1, 296:1, 1957, 66:1, 1957, 
83:1, 1957, 108:1, 1957, 125:1 and by an act relative to justices of the 
Laconia municipal court, by striking out the woi-ds "In Nashua, three 
thousand dollars" and inserting in place thereof the words, In Nashua, 
four thousand dollars, so that said paragraph 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 monthlj^ and shall be in the following sums per annum : 

In Manchester, four thousand six 'lundred dollars; 

In Nashua, four thousand dollars; 

In Concord, three thousand five hundred dollars; 

In Portsmouth, three thousand dollars; 

In Dover, one thousand eight hundred dollars; 

In Laconia, three thousand 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, one thousand one hundred and fifty 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; 



252 Chapter 210 [1957 

In Hampton, one thousand dollars; 
In Milfoi'd, six hundred dollars; 
In Haverhill, eight hundred dollars; 
In Salem, one thousand dollars. 

209:2 Special Justices. Amend RS A 502:8 (supp) as amended by 
1955, 253:1, 1957, 125:2 and by an act of this session relative to justices 
of the Laconia municipal court by striking out the words "of Nashua 
seventeen hundred dollars" and inserting in place thereof the words, 
of Nashua two thousand five liundred dollars, so that said section as 
amended shall read as follows : 

502:8 Compensation of Special Justices. The special justice and 
justice of the peace requested to sit owning 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 an- 
nual salaries of the special justices of the municipal courts of the follow- 
ing cities and town shall be as follows, of Manchester two thousand 
dollars, of Nashua two thousand five liundred dollars, of Dover two hun- 
dred dollars, of Concord one thousand dollars, of Portsmiouth four hun- 
dred dollars, of Laconia five hundred dollars, of Somers worth two hun- 
dred dollars and of Hampton three 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. 

209 :3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 2, 1957.] 
[Effective date August 31, 1957.] 



CHAPTER 210. 



AN ACT RELATIVE TO INVESTMENTS OF SAVINGS BANK AND LOANS 
BY TRUST COMPANIES. 

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

210:1 Loans of Trust Companies. Amend RSA 392:39 by strik- 
ing out said section and inserting in place thereof the following: 
392:39 Limitations on Loans, aond Holdings of Corporate Securities. 

The total liabilities of a person, firm, or corporation, including, in the 
liabilities of a firm the liabilities of its several members, for money 
borrowed of the commercial department of a trust company or other 



1957] Chapter 210 253 

corporation of a similar character, whether organized under the pro- 
visions of this chapter or otherwise, shall at no time exceed ten per 
cent of its capital stock actually paid in and surplus, nor shall such 
corporation purchase or hold, by way of investment, the stocks and 
bonds of any corporation to an amount in excess of said ten per cent, 
except that in the case of such trust company or other corporation of 
similar character having capital stock actually paid in and surplus of 
not less than one hundred fifty thousand dollars the limitations im- 
posed by this section shall be fifteen per cent of said capital stock actu- 
ally paid in and surplus; but the discount of bills of exchange drawn in 
good faith against actually existing values, and the discount of com- 
mercial or business paper actually owned by the person negotiating it, 
shall not be considered as money borrowed; provided, that this limita- 
tion shall not apply to securities described in paragraphs I to IV of 
section 6, chapter 387; and provided further that the limitations and 
restrictions of this section shall not apply to liabilities for money 
borrowed to the extent that they shall be secured, covered, under- 
written or protected as to principal and interest by guaranties, or by 
commitments or agreements to take over or purchase the same, made 
by or on behalf of any federal reserve bank, or the United States, or 
any department, bureau, board, commission or establishment of the 
United States including any corporation wholly owned directly or in- 
directly by the United States, for the performance of which guaranties, 
commitments or agreements the faith of the United States is pledged. 
The foregoing limitations are also subject to the exceptions contained in 
section 40 of this chapter. Surplus shall be construed as including only 
earnings that have actually been transferred to surplus; earnings re- 
maining in undivided profits shall not be considered a part of surplus. 

210:2 Limitations Qualified. Amend RSA 392:40 by adding the 
words "or fifteen per cent" following the words "ten per cent" where 
the same appear in the first and thirteenth lines of said section, so that 
said section as amended shall read as follows: 392:40 — Limitations 
Qualified. The limitation of ten per cent or fifteen per cent of the 
capital stock and surplus provided in section 39 hereof shall be in- 
creased by fifteen per cent of capital and surplus with respect to certain 
liabilities hereinafter described when the market value of staples secur- 
ing the liability is not less than one hundred fifteen per cent of the face 
amount of the liability, and by an additional five per cent of capital and 
surplus for each five per cent of the excess of the market value of such 
staples above said one hundred fifteen per cent. In determining the ratio 
of the market value of the security to the liabilities of any borrower for 
the purposes of this section there shall be excepted from such liabilities 
any liability or obligation of the borrower otherwise legal for investment. 
In no event shall the increase in limitation authorized by this section be 
more than forty per cent in addition to the ten per cent or fifteen per cent 



254 Chapter 211 [1957 

prescribed by section 39 hereof. The said liabilities shall be those of any 
person, firm, or corporation in the form of notes or drafts secured by 
shipping documents, warehouse receipts, or other such documents, trans- 
ferring or securing title covering readily marketable staples, and, if it is 
customary to insure such staples, fully covered by insurance. This sec- 
tion shall not apply to liabilities of any one person, firm, or corporation 
arising from the same transactions and secured upon the identical 
staples for more than ten montlis. 

210:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 2, 1957.] 
[Effective date August 31, 1957.1 



CHAPTER 211. 



an act relative to salary of strafford, sullivan and 
Belknap county solicitor. 

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

211:1 County Solicitors. Amend RSA 7:35 (supp) as amended by 
1955, 247:2 and 1957, 34:1 by striking out said section and inserting in 
place thereof the following: 7:35 Salaries. The annual salaries of 
the solicitors in the several counties shall be as follows : 

In Rockingham, twenty-two hundred dollars. 

In Strafford, twenty-five hundred dollars. 

In Belknap, two thousand dollars. 

In Carroll, two thousand dollars. 

In Merrimack, twenty-five hundred dollars. 

In Hillsborough, thirty-three hundred dollars. 

In Cheshire, two thousand dollars. 

In Sullivan, two thousand dollars. 

In Grafton, twenty-four hundred dollars. 

In Coos, twenty-four hundred dollars. 

211 :2 Takes Effect. The mcrease in salary for the Belknap county 
solicitor as provided in section 1 shall be effective as of January 1, 1957, 
the increase for the Sullivan county solicitor shall be effective as of Janu- 
ary 1, 1958 and the remaining provisions of this act shall take effect as 
of July 1, 1957. 
[Approved July 2, 1957.] 



1957] Chapters 212, 213 255 

CHAPTER 212. 

AN ACT RELATIVE TO REIMBURSEMENT FOR FOREST FIRE EXPENSES. 

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

212:1 Forest Fires. Amend RSA 224:28 by striking out the 
words "or both" and inserting- in place thereof the words, or the United 
States, or any or all of the same, so that said section as amended shall 
read as follows: 224:28 Liability for Fires Without Permit. Any 
person causing or kindling a fire without permit of the forest fire 
warden, when such permit is required, and any person by whose negli- 
gence or the negligence of his agents any fire shall be caused, shall be 
liable in a civil action for the payment to the town, or the state or the 
United States, or any or all of the same, of the expenses incurred by the 
forest fire warden or deputy warden in attending or extinguishing such 
fire. The items of expense of said fire shall be approved in writing by the 
state forester. 

212:2 Takes Effect. This act shall take eff"ect sixty days after its 
passage. 

[Approved July 3, 1957.] 
[Effective date September 1, 1957.] 



CHAPTER 21 a. 

AN ACT RELATIVE TO THE EXCLUSION OF COST OF SEWAGE TREATMENT 

WORKS AND SEWERAGE SYSTEMS FROM NET INDEBTEDNESS UNDER 

THE MUNICIPAL FINANCE ACT AND INCREASING THE STATE 

GUARANTEE OF MUNICIPAL BONDS ISSUED FOR THE 

CONSTRUCTION OF SAID PROJECTS. 

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

213:1 Municipal Sewerage Systems. Amend RSA 33 by inserting 
after section 5-a as inserted by 1957, 142 :2 the following new sections : 
33:5-b Voluntary Projects. Any city, town, village district or other 
political subdivision may vote to incur debt for the purpose of installing 
a sewage disposal plant including treatment works or sewerage facilities 
or the improvement, replacement or extension thereof, although at the 
time of such vote it has not received an order from the water pollution 
commission or from the state board of health directing such installation 
under RSA 147, RSA 148:23 or RSA 149. Any such debt shall at no time 
be included in the net indebtedness of said city, town, village district or 
otlier political subdivision for tlie purpose of ascertaining its borrowing 



256 Chapter 213 [1957 

capacity provided the approval of the governor and council liereinafter 
provided for is obtained. 

33:5-c Approval. Any such municipality which has voted to 
incur debt under the provisions of RSA 33:5-b shall submit a certilied 
copy of the record of such action together with detailed plans of the 
proposed construction to the water pollution commission for review and 
approval as hereinafter provided. Upon receipt of such plans for review, 
the commission shall fix a time and place where all interested parties 
may be heard and cause notice thereof to be given by posting in two or 
more public places in said city, town, village district or other political 
subdivision and causing said notice to be published once in a newspaper 
of general circulation within the area at least seven days prior to said 
hearing. Following a review of the pertinent evidence and data presented 
at such hearing and after a review of the plans and such other inde- 
pendent investigation as is deemed necessary, if the water pollution 
commission determines that the proposed project is in the public inter- 
est, due consideration being given to the cost of said project in relation 
to the benefits which will accrue to public health or water pollution 
control, it shall furnish a report of its findings and recom.mendations in- 
cluding a recommendation concerning a state guarantee as provided for 
under RSA 149:5 to the governor and council for their approval. 

213:2 State Guarantee. Amend RSA 149:5 by striking out the 
word "five" in the first sentence and inserting in place thereof the word, 
ten, so that said section as amended shall read as follows: 149:5 State 
Guarantee. In view of the general public benefits resulting from the 
elimination of pollution from the public waters of the state, the gover- 
nor and council are authorized in the name of the state of New Hampshire 
to guarantee unconditionally, but at no time in excess of the total aggre- 
gate sum for the entire state of ten million dollars, the payment of all 
or any portion, as they may find to be in the public interest, of the prin- 
cipal of and interest on any bonds or notes issued by any municipality, 
town, city, county, or district for construction of sewage systems, sewage 
treatment and disposal plants, or other facilities necessary, required or 
desirable for pollution control, and the full faith and credit of the state 
are pledged for any such guarantee. The state's guarantee shall be en- 
dorsed on such bonds or notes by the state treasurer; and all notes or 
bonds issued with state guarantee shall be sold (1) at public sealed bid- 
ding, (2) after publication of advertisement for bids, (3) to the highest 
bidder. Any and all such bids may be rejected and a sale may be negoti- 
ated with the highest bidder. In the event of default in payment of any 
such notes or bonds, the state may recover any losses suffered by it by 
action against the town as provided in RSA 530. 

213:3 Takes Effect. This act shall take effect upon its passage. 
[Approved July 3, 1957.] 
[Effective date July 3, 1957.] 



1957] Chapter 214 257 

CHAPTER 214. 

AN ACT TO DETERMINE THE RESPONSIBILITY FOR THE INTENTIONAL OR 
NEGLIGENT CONTRIBUTION TO THE DELINQUENCY OF A MINOR. 

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

214:1 Delinquency. Amend RSA 169, as amended by 1957, 124:1 
by inserting" at the end of said chapter the following new subdivision : 

Intentional or Negligent 
Contribution to Delinquency 
169:32 Contribution to Delinquency. Any parent or guardian or 
person having custody or control of a child found to be delinquent, or 
anyone else, who shall knowingly or wilfully encourage, aid, cause, or 
abet, or connive at, or has knowingly or wilfully done any act to produce, 
promote, or contribute to the delinquency of such child, may be punished 
by a fine of not more than five hundred dollars or by imprisonment for 
not more than one year or both. The court may release such person on 
probation, subject to such orders as it may make concerning future 
conduct tending to produce or contribute to such delinquency, or it may 
suspend sentence, or before trial, with his consent, it may allow him to 
enter into a recognizance, in such penal sum as the court may fix, condi- 
tioned for the promotion of the future welfare of the child, and the said 
case may be placed on file. The fact that a child has been found more 
than once to be delinquent on account of conduct occurring while in the 
custody or control of his parent or parents, guardian, or any other per- 
son, shall be presumptive evidence that such person is responsible for 
his last adjudged delinquency. 

169:33 Procedure. If any child is found to be delinquent by the 
court, the court may, upon complaint of the county solicitor or any other 
reputable person, or upon its own motion, issue a warrant commanding 
any parent, guardian or person having custody or control of the child 
found to be delinquent to be brought before the same court in which 
the finding of delinquency was made. 

169 :34 Court Orders. If the court finds, after a hearing, that the 
parent, guardian or person having custody or control of the child has 
failed to exercise reasonable diligence in the control of such child to 
prevent him from becoming guilty of juvenile delinquency as defined by 
statute, or from becoming adjudged by the court to be in need of the 
care and protection of the state as defined by statute, it may make such 
orders specifying future conduct as are designed to reasonably prevent 
the reoccurrence of delinquency and to promote the future welfare of 
the child. Such order shall remain in effect for a period of not more than 
one year, to be specified by the court, and said order may be extended 



258 Chapter 214 [1957 

or renewed by the court. Before issuing any such order the court shall 
advise such parent, guardian or other person of his right to have the 
reasonableness thereof immediately reviewed and in this connection the 
superior court is vested with jurisdiction to summarily determine the 
reasonableness of any question of law or fact relating to such written 
specifications and to make such furtlier orders upon review thereof as 
justice may require. 

169:35 Criminal Contempt. Wilful violation of any provision of 
such order shall constitute criminal contempt out of the presence of the 
court. The persons so charged shall be notified thereof and have a 
reasonable time to make a defense. The trial of such proceedings shall 
take place before a judge other than the one who issued the written 
order. Punishment for such contempt may be by fine not exceeding two 
hundred and fifty dollars or by imprisonment not exceeding thirty days, 
in the discretion of the court. In case the child is found to be delinquent 
during the time such orders are in effect, the finding of delinquency 
shall be presumptive evidence of responsibility of such parent, guardian 
or other person for that delinquency. In addition to the summary hear- 
ing and orders issued pursuant thereto, the court may, after a hearing, 
require the parent to compensate any injured party for damages done to 
persons or propertj^ by the child in the last act of delinquency, or for a 
portion thereof provided such liability does not exceed five hundred 
dollars. 

169:36 Civil Action for Compensation. Nothing in this sub- 
division shall bar civil action to recover damages for the negligence of a 
person having custody or control of a minor who causes injury to prop- 
erty or persons, but the damages so recovered shall be reduced by the 
amount of compensation which the plaintiff may have previously been 
awarded under the provisions of the foregoing section. 

214:2 Repeal. RSA 169:23, relative to contribution to delin- 
quency, is hereby repealed. 

214:3 Issuance of Licenses and Registration to Minors. Amend 
RSA 260 by inserting after section 8 the following new section : 260 :8-a 
Special Requirements. No minor shall be issued a driving license or 
registration of a motor vehicle unless the person or persons legally liable 
■for his support and care give written permission for the issuance of such 
license or registration, or insurance coverage is presented at the time of 
application. 

214:4 Takes Effect. This act shall take eflfect sixty days after its 
passage. 

[Approved July 3, 1957.] 
[Effective date September 1, 1957.] 



1957] Chapter 215 259 

CHAPTER 215. 

AN ACT RELATIVE TO INTERSTATE COMPACT ON MENTAL HEALTH. 

Be it enacted by the Senate and House of Rep7'esentatives in General 
Court convened: 

215:1 Interstate Compact. Amend RSA by inserting after chap- 
ter 135 the following new chapter: 

Chapter 135-A 
Interstate Compact on Mental Health 
135-A :1 Compact. The Interstate Compact on Mental Health 
is hereby enacted into and entered into by this state with all other states 
legally joining therein in the form substantially as follows: 
Interstate Compact on Mental Health 
The contracting states solemnly agree that : 

Article I 

The party states find that the proper and expeditious treatment 
of the mentally ill and mentally deficient can be facilitated by coopera- 
tive action, to the benefit of the patients, their families, and society as a 
whole. Further, the party states find that the necessity of and desirabil- 
ity for furnishing such care and treatment bears no primary relation to 
the residence or citizenship of the patient but that, on the contrary, the 
controlling factors of community safety and humanitarianism require 
that facilities and services be made available for all who are in need of 
them. Consequently, it is the purpose of this compact and of the party 
states to provide the necessary legal basis for the institutionalization or 
other appropriate care and treatment of the mentally ill and mentally 
deficient under a system that recognizes the paramount importance of 
patient welfare and to establish the responsibilities of the party states 
in terms of such welfare. 

Article II 

As used in this compact : 

(a) "Sending state" shall mean a party state from which a 
patient is transported pursuant to the provisions of the compact or from 
which it is contemplated that a patient may be so sent. 

(b) "Receiving state" shall mean a party state to which a 
patient is transported pursuant to the provisions of the compact or to 
which it is contemplated that a patient may be so sent. 

(c) "Institution" shall mean any hospital or other facility 
maintained by a party state or political subdivision thereof for the care 
and treatment of mental illness or mental deficiency. 

(d) "Patient" shall mean any person subject to or eligible as 
determined by the laws of the sending state, for institutionalization or 



260 Chapter 215 [1957 

other care, treatment, or supervision pursuant to the provisions of his 
compact. 

(e) "After-care" shall mean care, treatment and services 
provided a patient, as defined herein, on convalescent status or condi- 
tional release. 

(f) "Mental illness" shall mean mental disease to such ex- 
tent that a person so afflicted requires care and treatment for his own 
welfare, or the welfare of others, or of the community. 

(g) "Mental deficiency" shall mean mental deficiency as de- 
fined by appropriate clinical authorities to such extent that a person so 
afflicted is incapable of managing himself and his affairs, but shall not 
include mental illness as defined herein. 

(h) "State" shall mean any state, territory or possession of 
the United States, the District of Columbia, and the Commonwealth of 
Puerto Rico. 

Article III 

(a) Whenever a person physically present in any party state 
shall be in need of institutionalization by reason of mental illness or 
mental deficiency, he shall be eligible for care and treatment in an in- 
stitution in that state irrespective of his residence, settlement or citizen- 
ship qualifications. 

(b) The provisions of paragraph (a) of this article to the 
contrary notwithstanding, any patient may be transferred to an insti- 
tution in another state whenever there are factors based upon clinical 
determinations indicating that the care and treatment of said patient 
would be facilitated or improved thereby. Any such institutionalization 
may be for the entire period of care and treatment or for any portion or 
portions thereof. The factors referred to this paragraph shall include 
the patient's full record with due regard for the location of the patient's 
family, character of the illness and probable duration thereof, and such 
other factors as shall be considered appropriate. 

(c) No state shall be obliged to receive any patient pursuant 
to the provisions of paragraph (b) of this article unless the sending 
state has given advance notice of its intention to send the patient; 
furnished all available medical and other pertinent records concerning 
the patient; given the qualified medical or other appropriate clinical 
authorities of the receiving state an opportunity to examine the patient 
if said authorities so wish; and unless the receiving state shall agree 
to accept the patient. 

(d) In the event that the laws of the receiving state estab- 
lish a system of priorities for the admission of patients, an interstate 
patient under this compact shall receive the same priority as a local 



1957] Chapter 215 261 

patient and shall be taken in the same order and at the same time that 
he would be taken if he were a local patient. 

(e) Pursuant to this compact, the determination as to the 
suitable place of institutionalization for a patient may be reviewed at 
any time and such furtlier transfer of the patient may be made as seems 
likely to be in the best interest of the patient. 

Article IV 

(a) Whenever, pursuant to the laws of the state in which a 
patient is phj^sically present, it shall be determined that the patient 
should receive after-care or supervision, such care or supervision may be 
provided in a receiving state. If the medical or other appropriate clinical 
authorities having responsibility for the care and treatment of the 
patient in the sending state shall have reason to believe that after-care 
in another state would be in the best interest of the patient and would 
not jeopardize the public safety, they shall request the appropriate au- 
thorities in the receiving state to investigate the desirability of afford- 
ing the patient such after-care in said receiving state, and such investi- 
gation shall be made with all reasonable speed. The request for investi- 
gation shall be accompanied by complete information concerning the 
patient's intended place of residence and the identity of the person in 
whose charge it is proposed to place the patient, the complete medical 
history of the patient, and such other documents as may be pertinent. 

(b) If the medical or other appropriate clinical authorities 
having responsibility for the care and treatment of the patient in the 
sending state and the appropriate authorities in the receiving state find 
that the best interest of the patient would be served thereby, and if the 
public safety would not be jeopardized thereby, the patient may receive 
after-care or supervision in the receiving state. 

(c) In supervising, treating, or caring for a patient on after- 
care pursuant to the terms of this article, a receiving state shall employ 
the same standards of visitation, examination, care, and treatment that 
it employs for similar local patients. 

Article V 
Whenever a dangerous or potentiall}'" dangerous patient 
escapes from an institution in any party state, that state shall promptly 
notify all appropriate authorities within and without the jurisdiction of 
the escape in a manner reasonably calculated to facilitate the speedy 
apprehension of the escapee. Imm.ediately upon the apprehension and 
identification of any such dangerous or potentially dangerous patient, he 
shall be detained in the state where found pending disposition in accord- 
ance with law. 

Article VI 

The duly accredited officers of any state party to this compact. 



262 Chapter 215 [1957 

upon the establishment of their authority and the identity of the 
patient, shall be permitted to transport any patient being moved pur- 
suant to this compact through any and all states party to this compact, 
without interference. 

Article VII 

(a) No person shall be deemed a patient of more than one 
institution at any given time. Completion of transfer of any patient to 
an institution in a receiving state shall have the effect of making the 
person a patient of the institution in the receiving state. 

(b) The sending state shall pay all costs of and incidental to 
the transportation of any patient pursuant to this compact, but any 
two or more party states may, by making a specific agreement for that 
purpose, arrange for a different allocation of costs as among themselves. 

(c) No provision of this compact shall be construed to alter 
or affect any internal relationships among the departments, agencies and 
officers of and in the government of a party state, or between a party 
state and its subdivisions, as to the payment of costs, or responsibilities 
therefor. 

(d) Nothing in this compact shall be construed to prevent 
any party state or subdivision thereof from asserting any right against 
any person, agency or other entity in regard to costs for which such 
party state or subdivision thereof may be responsible pursuant to any 
provision of this compact. 

(e) Nothing in this compact shall be construed to invalidate 
any reciprocal agreement between a party state and a non-party state 
relating to institutionalization, care or treatment of the mentally ill or 
mentally deficient, or any statutory authority pursuant to which such 
agreements may be made. 

Article VIII 

(a) Nothing in this compact shall be construed to abridge, 
diminish, or in any way impair the rights, duties, and responsibilities 
of any patient's guardian on his own behalf or in respect of any patient 
for whom he may serve, except that where the transfer of any patient 
to another jurisdiction makes advisable the appointment of a supple- 
mental or substitute guardian, any court of com.petent jurisdiction in 
the receiving state may make such supplemental or substitute appoint- 
ment and the court which appointed the previous guardian shall upon 
being duly advised of the new appointment, and upon the satisfactory 
completion of such accounting and other acts as such court may by law 
require, relieve the previous guardian of power and responsibility to 
whatever extent shall be appropriate in the circumstances; provided, 
however, that in the case of any patient having settlement in the send- 
ing state, the court of competent jurisdiction in the sending state shall 



1957] Chapter 215 263 

have the sole discretion to relieve a guardian appointed by it or continue 
his power and responsibility, whichever it shall deem advisable. The 
court in the receiving state may, in its discretion, confirm or reappoint 
the person or persons previously serving as guardian in the sending 
state in lieu of making a supplemental or substitute appointment. 

(b) The term "guardian" as used in paragraph (a) of this 
article shall include any guardian, trustee, legal committee, conservator, 
or other person or agency however denominated who is charged by law 
with power to act for or responsibility for the person or property of a 
patient. 

Article IX 

(a) No provision of this compact except Article V shall apply 
to any person institutionalized while under sentence in a penal or cor- 
rectional institution or while subject to trial on a criminal charge, or 
whose institutionalization is due to the commission of an offense for 
which, in the absence of mental illness or mental deficiency, said person 
would be subject to incarceration in a penal or correctional institution. 

(b) To every extent possible, it shall be the policy of states 
party to this compact that no patient shall be placed or detained in any 
prison, jail or lockup, but such patient shall, with all expedition, be taken 
to a suitable institutional facility for mental illness or mental deficiency. 

Article X 

(a) Each party state shall appoint a "compact administra- 
tor" who, on behalf of his state, shall act as general coordinator of 
activities under the compact in his state and who shall receive copies of 
all reports, correspondence, and other documents relating to any patient 
processed under the compact by his state either in the capacity of send- 
ing or receiving state. The compact administrator or his duly designated 
representative shall be the official with whom other party states shall 
deal in any matter relating to the compact or any patient processed 
tliereunder. 

(b) The compact administrators of the respective party 
states shall have power to promulgate reasonable rules and regulations 
to carry out more effectively the terms and provisions of this compact. 

Article XI 

The duly constituted admJnistrative authorities of any two or 
more party states may enter into supplementary agreements for the 
provision of any service or facility or for the maintenance of any insti- 
tution on a joint or cooperative basis whenever the states concerned 
shall find that such agreements will improve services, facilities, or insti- 
tutional care and treatment in the fields of mental illness or mental 
deficiency. No such supplementary agreement shall be construed so as 



264 Chapter 215 [1957 

to relieve any party state of any obligation which it otherwise would 
have under other provisions of this compact. 

Article XII 

This compact shall enter into full force and effect as to any 
state when enacted by it into law and such state shall thereafter be a 
party thereto with any and all states legally joining therein. 

Article XIII 

(a) A state party to this compact may withdraw therefrom 
by enacting a statute repealing the same. Such withdrawal shall take 
effect one year after notice thereof has been communicated officially and 
in writing to the governors and compact administrators of all other 
party states. However, the withdrawal of any state shall not change the 
status of any patient who has been sent to said state or sent out of said 
state pursuant to the provisions of the compact. 

(b) Wihdrawal from any agreement permitted by Article 
VII (b) as to costs or from any supplementary agreement made pursu- 
ant to Article XI shall be in accordance with the terms of such agree- 
ment. 

Article XIV 

This compact shall be liberally construed so as to effectuate 
the pui-poses thereof. The provisions of this compact shall be severable 
and if any phrase, clause, sentence or provision of this compact is de- 
clared to be contrary to the constitution of any party 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 contrary to the constitution of any state party thereto, the 
compact shall remain in full force and efl'ect as to the remaining states 
and in full force and effect as to the state affected as to all severable 
matters. 

135-A:2 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 have power to promulgate rules and regulations 
to carry out more effectively the terms of the compact. The compact 
administrator is hereby authorized, empowered and directed to cooper- 
ate with all departments, agencies and officers of and in the government 
of this state and its subdivisions in facilitating the proper administra- 
tion of the compact of any supplementary agreement or agreements en- 
tered into by this state thereunder. 

135-A:3 Agreements. The compact administrator is hereby 



1957] Chapter 216 265 

authorized and empowered to enter into supplementary agreements with 
appropriate officials of otlier states pursuant to Articles VII and XI of 
the compact. In the event that such supplementary agreements shall re- 
quire or contemplate the use of any institution or facility of this state 
or require or contemplate the provision of any service by this state, no 
such agreement shall have force or effect until approved by the head 
of the department or agency under whose jurisdiction said institution or 
facility is operated or whose department or agency will be charged with 
the rendering of such service. 

135-A:4 Payments. Any payments necessary to discharge any 
financial obligations imposed upon this state by the compact or by any 
supplementary agi'eement entered into hereunder shall be a charge upon 
the appropriation for the respective state institution. 

135-A:5 Approval by Court. The compact administrator is 
hereby directed to consult with the immediate family of any proposed 
transferee and, in the case of a proposed transferee from an institution 
in this state to an institution in another party state, to take no final 
action without approval of the probate court. 

135-A:6 Copies Forwarded. Duly authorized copies of this act 
shall, upon its approval be transmitted by the secretary of state to the 
governor of each state, the attorney general and the secretary of state 
of the United States, and the council of state governments. 

215:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 3, 1957.] 
[Effective date September 1, 1957.] 



CHAPTER 216. 

AN ACT RELATn^E TO FACTORS' LIENS. 

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

216:1 Factors' Liens. Amend RSA 446:8 by striking out the 
words "and posting the sign" so that said section as amended shall read 
as follows: 446:8 Common Law Lien. When any factor, or any third 
party for the account of any such factor, shall have possession of goods 
and merchandise, such factor shall have a continuing general lien, as set 
forth in section 2 of this chapter, without recording the notice provided 
for in this chapter. 

216:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 3, 1957.] 
[Effective date September 1, 1957.] 



266 Chapter 217 [1955 

CHAPTER 217. 

AN ACT RELATIVE TO DOG REGISTRATION TAGS. 

Be it enacted by the Senate and House of Re-presentatives in General 
Cou7't convened: 

217:1 Licensing of Dogs. Amend RSA 466:1 by striking out said 
section and inserting in place thereof the following: 466:1 Procuring 
License; Tag. Every owner or keeper of a dog three montlis old or 
over shall annually, on or before April thirtieth, cause it to be registered, 
numbered, described and licensed for one year from the first day of the 
ensuing May, in the office of the clerk of the city or town wherein said 
dog is kept, and shall cause it to wear around its neck a collar to which 
shall be attached a metal tag with the following information thereon, 
the name of the city or town, year of issue of license and its registered 
number. Said tag shall be furnished by the clerk at the expense of the 
city or town from the amount received from the dog license fees. 

217:2 Dogs. Amend RSA 207:11 by striking out said section and 
inserting in place thereof the following: 207:11 Hunting Game. 
Every conservation officer may kill a dog which he finds in the act of 
hunting, pursuing, or killing any game or protected bird during the 
closed season therefor, unless such dog shall wear a collar having 
attached thereto a metallic tag with the following information thereon, 
the name of the city or town, year of issue of license, and its registered 
number. Every conservation officer may kill sucli dog, except as per- 
mitted in the following section, when seen hunting, pursuing or killing 
game or protected birds, after notice in writing from the director has 
been given to the person in whose name the dog is registered, to the 
effect that the dog in question is in the habit of destroying or pursuing 
or following upon the track of such game during the closed season. Any 
person who shall knowingly or negligently or after written notice as 
provided herein, permit his dog to hunt, pursue or kill game and pro- 
tected birds during the closed season, shall be liable to the penalty here- 
inafter provided. 

217:3 Takes Effect. This act shall take effect as of May 1, 1958. 
[Approved July 3, 1957.] 
[Effective date May 1, 1958.] 



1957] Chapters 218, 219 267 

CHAPTER 218. 

AN ACT RELATIVE TO DUTIES OF THE LEGAL COUNSEL TO THE SENATE. 

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

218:1 Legislative Officers. Amend RSA 14 by inserting after 
section 5 the following new section: 14:5-a Legal Counsel. The sen- 
ate may elect a legal counsel who shall be a lawyer and whose compen- 
sation shall be fixed by the senate. Said counsel shall render assistance 
to the senators in the preparation of bills and amendments thereto and 
shall assist the president in the execution of his duties as the presiding 
officer of the senate. He shall also give legal advice as to official duties 
of members of the senate. If the senate does not elect an assistant clerk 
the legal counsel shall perform the duties of the assistant clerk includ- 
ing the handling and care of bills, resolutions and documents of the sen- 
ate and the making of the senate docket. If the legal counsel performs 
the duties of the assistant clerk he shall act as clerk in case of vacancy 
in the office of clerk of the senate or of his absence or disability. 

218:2 Takes Effect. This act shall take effect upon its passage. 
[Approved July 3, 1957.] 
[Effective date July 3, 1957.] 



CHAPTER 219 



AN ACT RELATING TO EXTENSION AND REAMORTIZATION OF MORTGAGE 

LOANS TO VETERANS. 

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

219:1 Authorization. Notwithstanding the provisions of RSA 
479 :3 or any other provision of law, the terms of repayment of any real 
estate mortgage loan heretofore or hereafter made to a veteran under 
the provisions of Title III of the Servicemen's Readjustment Act of 
1944, as now or hereafter amended, may, by written agreement between 
the holder of the mortgage and the debtor, be extended, the rate of 
amortization changed, and the amount of any delinquent interest and 
other delinquent mortgage charges added to principal, all in accordance 
with the current federal regulations governing the subject; and the 
mortgage indebtedness, as thus recast or amended as to terms of repay- 
ment, shall be as fully secured under the original mortgage deed and 
have the same priority, as the original mortgage indebtedness. 

219:2 Intervening Liens. As to real estate mortgages made prior 
to the effective date of this act, nothing contained in section 1 shall be 



268 Chapter 220 [1957 

construed to derogate from the rights of holders of valid liens on the 
mortgaged real estate which attached prior to the effective date of this 
act. 

219:3 Nature of Authority. The powers and privileges conferred 
by section 1 shall be deemed cumulative and are not intended to modify 
or supersede any such powers or privileges already available, in whole or 
in part, under other statutes or at common law. 

219:4 Severability. If any provision of this act is declared un- 
constitutional or the applicability thereof to any person or circumstance 
is held invalid, the constitutionality of the remainder of the act and the 
applicability thereof to other persons and circumstances shall not be 
affected thereby. 

219:5 Takes Effect. This act shall take effect upon its passage. 
[Approved July 3, 1957.] 
[Effective date July 3, 1957.] 



CHAPTER 220. 



an act relative to defective delinquents at 
Laconia State School. 

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

220:1 Laconia State School. Amend RSA 171:10 (supp) as in- 
serted by 1955, 314, by striking out said section and inserting in place 
thereof the following: 

171:10 Defective Delinquents. Until such time as proper hous- 
ing and staff facilities have been provided at Laconia State School for 
the detention, care and rehabilitation of defective delinquents, whenever 
any mentally deficient person at the school demonstrates, in the opinion 
of a majority of the trustees, by his or her conduct that he or she has 
or may seriously injure or endanger the property or 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 
committal and requesting the transfer of said person to some other state 
institution. Such petition shall fully set forth the grounds upon which 
such transfer is sought. 

220:2 Laconia State School. Amend RSA 171 by adding after sec- 
tion 10 the following new section: 

171:10-a. Procedure. The attorney general shall present such 
petition to any justice of the superior court at any time and the justice 



1957] Chapter 221 269 

shall forthwith fix a time and place for hearing, and shall make such 
orders relative to the giving of notice thereof as may be proper. Im- 
mediately upon the filing of said petition, and pending hearing and dis- 
position of the matter, the justice upon the allegations contained in the 
petition and upon the representation of the attorney general shall make 
such orders relative to the detention and custody of the mentally deficient 
person as shall appear to him to be in the best interest of the public; 
and he may order such person transferred to and detained at another 
state institution. Upon hearing the superior court shall make such orders 
relative to the permanent detention of the mentally deficient person as 
shall be deemed proper. The proceedings hereunder relative to the fixing 
of a time and place for hearing, and to the making of orders for detention 
and custody pending hearing and disposition, shall have priority over 
any other business in the superior court. 

220:3 Takes Effect. This act shall take effect upon its passage. 
[Approved July 3, 1957.] 
[Effective date July 3, 1957.] 



CHAPTER 221. 



AN ACT RELATIVE TO LIMITATION ON COMMITTALS TO THE LaCONIA 

State School. 

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

221:1 Laconia State School. Amend RSA 171 (supp) as inserted 
by 1955, 314 by inserting at the end thereof the following new section: 
171:23 Limitation on Committals. At the first meeting of the trustees 
following the end of this biennial session of the legislature, the trustees 
shall fix for the period ending June 30, 1959, a total population figure 
for Laconia State School which shall be based upon available facilities at 
the school as well as legislative appropriations approved for the school 
for the biennium and such total population figure shall be submitted to 
the governor and council for their consideration. Following approval of 
a total population figure for the school by the governor and council, the 
trustees and/or superintendent of the school shall not be required to 
accept committals which would cause the total population of the school 
to exceed such approved figure and this section shall prevail against any 
other provision of law pertaining to committals to the school. 

221:2 Takes Effect. This act shall take effect upon its passage. 
[Approved July 3, 1957.] 
[Effective date July 3, 1957.] 



270 Chapter 222 [1957 

CHAPTER 222. 

an act making temporary appropriations for the expenses of the 
State of New Hampshire for the month of July, 1957. 

Whereas, the legislature has not yet adopted a budget for the com- 
ing biennium; and 

Whereas, action at this time is necessary to carry on the functions 
of the state government after tlie close of the fiscal year 1957, 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: 

222:1 Appropriation, There is hereby appropriated for the gen- 
eral expenses of the state government during the month of July, 1957 
the sum of seven million one hundred thousand dollars, or so much there 
of as may be necessary, to be expended in the manner hereinafter pro- 
vided, that is to say two million five hundred thousand dollars from 
general funds; five hundred thousand dollars from special funds; one 
hundred thousand dollars from fish and game funds and four million 
dollars from highway 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 
I'espective appropriations to be made subsequently by the legislature 
for the fiscal year ending June 30, 1958. 

222:2 Provisions of Law. The provisions of chapter 9 of the Re- 
vised Statutes Annotated and the provisions of any other statute in- 
consistent herewith are hereby suspended to the extent of such in- 
consistencies during the time this act is in effect. 

222:3 Takes Effect. This act shall take effect as of July 1, 1957, 
and shall continue in effect until August 1, 1957 unless the appropri- 
ation acts for the ensuing biennuim are sooner enacted in which event 
the appropriations herein provided shall thereupon lapse. 

[Approved July 3, 1957.] 
[Effective date July 1, 1957.] 



1957] Chapters 223, 224 271 

CHAPTER 223. 

AN ACT PROVIDING FOR A DEPUTY SUPERINTENDENT AT LACONIA 

State School. 

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

223:1 Laconia State School. Amend RSA 171:4 (supp) as 
amended by 1955,314:1 by inserting- at the end of said section the 
words : The salary of said deputy superintendent shall be as provided in 
RSA 94:1, so that said section as amended shall read as follows: 171:4 
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. 
The salary of said deputy superintendent shall be as provided in RSA 
94:1. 

223:2 Salary. Amend RSA 94:1 by inserting after the deputy 
superintendent, industrial school, the following: Deputy superintend- 
ent, Laconia State School, minimum $5039.00, maximum $6067.00. 

223:3 Deputy Superintendent. Amend RSA 94:5 (supp) as 
amended by 1955, 153 :3 by inserting at the end thereof the words, and 
the deputy superintendent of liaconia state school, so that said section 
as amended shall read as follows: 94:5 Maintenance. The following 
positions shall carry with them m.aintenance ; superintendent, assistant 
superintendent, director of clinical services, director of psychiatric edu- 
cation and research, director of outpatient services and director of 
correctional psychiatry, state hospital; superintendent and deputy super- 
intendent, industrial school; warden and deputy warden, state prison; 
presidents of teachers colleges and the superintendents of Laconia state 
school and state sanatorium, and commandant of the New Hampshire 
soldiers home, and the deputy superintendent of Laconia state school. 

223:4 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved July 3, 1957.] 
[Effective date July 1, 1957.] 



CHAFfER 224. 

AN ACT RELATIVE TO HEARINGS BEFORE THE PERSONNEL COMMISSION. 

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

224:1 Subpoena Power. Amend RSA 98 by inserting after sec- 
tion 8 the following new section: 98:8-a Hearings. The commission 



272 Chapters 225, 226 [1957 



shall have the power to subpoena witnesses and administer oaths in any 
proceeding before it and to compel by subpoena duces tecum the pro- 
duction of any books, papers or other memoranda or document. 

224:2 Takes Effect. This act shall take effect upon its passage. 
[Approved July 3, 1957.] 
[Effective date July 3, 1957.] 



CHAPTER 225. 



AN ACT RELATIVE TO REPORTS OF FIRE INSURANCE COMPANIES TO THE 
BOARD OF FIRE CONTROL. 

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

225:1 State Board of Fire Control. Amend RSA 153:13 by strik- 
ing out said section and inserting in place thereof the following: 153:13 
Reports of Insurance Companies. Every fire insurance company trans- 
acting business in this state is hereby required to file with the board 
through a recognized bureau or organization of companies or through 
the secretary or other officer of the insurance company, a monthly re- 
port of fire losses showing the name of the assured, designating the 
class of occupancy, location of the property burned and probable causes 
of fire. Losses under one hundred dollars need not be included in such 
reports. In the case of a fire of suspicious origin a preliminary report 
shall be made immediately through such bureau or association of com- 
panies or through some officer of the insurance company, showing the 
name of the assured, the date of the fire, location, occupancy, and such 
facts and circumstances as shall come to their knowledge and tending 
to establish the cause or origin of the fire. 

225:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 3, 1957.] 
[Effective date Septem.ber 1. 1957.] 



CHAPTER 226. 

AN ACT RELATIVE TO LUMBER CUT REPORTS. 

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

226:1 Reports to Forestry and Recreation Commission. Amend 
RSA 225 by inserting after section 10 the following new section: 
225:10-a. Suspension of Registration. The commission may suspend 



1957] 



Chapter 227 



273 



the registration hereimder of any person who fails by January thirty- 
first to make tlie report of lumber cut as required by section 10. Sucli 
suspension of registration shall continue until sucli report has been filed. 

226:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 3, 1957.] 
[Effective date September 1, 1957.] 



CHAPTER 227. 

AN ACT RELATIVE TO THE SALARY OF THE JUSTICE OF THE MANCHESTER 

MUNICIPAL COURT. 

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

227:1 Manchester Municipal Court. Amend paragraph I of RSA 
502:7 (supp) as amended by 1955, 133:1, 182:1, 279:1, 296:1, 1957, 
66:1, 1957, 83:1, 1957, 108:1, 1957, 125:1, 1957, 175:1 and by an act 
of 1957 relative to salary of Nashua justice, by striking out the words 
"In Manchester, four thousand six hundred dollars" and inserting in 
place thereof the words, In Manchester, five thousand one hundred 
dollars, so that said paragraph 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, five thousand one hundred dollars; 

In Nashua, four thousand dollars; 

In Concord, three thousand five hundred dollars ; 

In Portsmouth, three thousand dollars; 

In Dover, one thousand eight hundred dollars; 

In Laconia, three thousand 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, one thousand one hundred and fifty 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 Hampton, one thousand dollars; 

In Milford, six hundred dollars; 



274 Chapter 228 [1957 

In Haverhill, eight hundred dollars; 
In Salem, one thousand dollars. 

227:2 Takes Effect. This act shall take effect upon its passage. 
[Approved July 12, 1957.] 
[Effective date July 12, 1957.] 



CHAPTER 228. 



AN ACT PROHIBITING OPEN SEASON FOR TAKING BEAVER IN THE COUNTY OF 
Coos AND CERTAIN TOWNS IN GRAFTON COUNTY. 

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

228:1 Beaver. Amend RSA 210:5 by striking out said section 
and inserting in place thereof the following: 210:5 Open Season; 
Limitation. In any county, except the county of Coos and the towns of 
Littleton, Monroe, Lyman, Bath, Lisbon, Landaff, Easton, Franconia and 
Bethlehem in Grafton county, during the period from January first to 
March thirty-first, the director, with the approval of the commission, may 
declare an open season on beaver, by the use of traps only, if he deems 
that beaver are detrimental to fishing or hunting or to lumber opera- 
tions, or if he receives written complaint from a water company or a 
land owner that beaver are polluting a water supply or doing actual and 
substantial damage to property. He may make such rules and regulations 
as he deems necessary as to length of season and bag limit. There shall 
be no open season for taking beaver in the county of Coos and the towns 
of Littleton, Monroe, Lyman, Bath, Lisbon, Landaff, Easton, Franconia, 
and Bethlehem in Grafton county. 

228:2 Coos County and Certain Towns in Grafton County. Amend 
RSA 210 by inserting after section 9 the following new section: 210:9-a 
Fish and Game Director. In the county of Coos and the towns of Little- 
ton, Monroe, Lyman, Bath, Lisbon, Landaff, Easton, Franconia and 
Bethlehem in Grafton county, if the director finds that beaver are do- 
ing actual and substantial damage to property he shall take such beaver 
or may remove them to another location outside said counties. In case 
the beaver are killed under the provisions hereof the director shall sell 
the hides of such animals and the money received from such sale shall 
be credited to the fish and game fund. 

228:3 Takes Effect. This act shall take effect upon its passage. 
[Approved July 12, 1957.] 
[Effective date July 12, 1957.] 



1957] Chapters 229, 230 275 

CHAPTER 229. 

AN ACT RELATIVE TO THE SALE OF DANGEROUS WEAPONS. 

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

229:1 Dangerous Weapons. Amend RSA 585:27 (supp) as 
amended by 1955, 298:1 by striking out said section and inserting in 
place thereof the following: 585:27 Carrying or Selling Weapons. 

Whoever, except as provided by the laws of this state, sells, has in his 
possession with intent to sell or carries on his person any stiletto, switch 
knife, sword cane, pistol cane, blackjack, 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. 

229:2 Takes Effect. This act shall take effect sixty days after 
its passage. 

[Approved July 12, 1957.] 
[Effective date September 10, 1957.] 



CHAPTER 230. 



AN ACT RELATIVE TO OPENING AND CLOSING OF POLLS AT PRIMARIES AND 
BIENNIAL ELECTION IN TOWNS. 

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

230:1 Elections. Amend RSA 59:41 by striking out said section 
and inserting in place thereof the following: 59:41 Time Polls Open 
and Close. 

I. Small Towns. At all biennial elections and primaries in 
towns the population of which is less than seven hundred according to 
the last federal census, the polls shall be open not less than five consecu- 
tive hours, and so much longer as shall be necessary to aflford every voter 
present and desiring to vote an opportunity to do so, and until the voters 
present shall vote to close the polls, provided that upon wintten request 
signed by seven registered voters of the town and delivered on or before 
the Saturday previous to the biennial elections or primaries into the 
hands of the selectmen for biennial elections and to the town clerk for 
primaries the aforesaid polls shall be kept open until six o'clock in the 
evening; and provided further whenever in towns having less than one 
hundred population the names of those who have voted plus the absentee 
ballots received at the polls equals the number of all the names on the 
check-list, the meeting may vote to close the polls forthwith. 



276 Chapter 231 [1957 

II. Other Towns. In all other towns at said elections and pri- 
maries the polls shall be open not later than ten o'clock in the forenoon 
and shall be closed not earlier than six o'clock in the evening, provided 
that upon written request signed by ten registered voters of the town 
and delivered on or before the second Tuesday prior to the biennial 
election or primary into the hands of the selectmen for biennial elections 
and to the town clerk for primaries the polls in said other towns shall be 
kept open until seven o'clock in the evening. 

III. General Provisions. In all towns the selectmen, in the 
warrants for the biennial elections, and the town clerk, in the notices for 
primaries, shall prescribe and post the hour the polls are to open and 
the hour before which the polls may not close as provided by this section. 
The meeting may vote to keep the polls open to a later hour but may 
not vote to close the polls at an earlier hour than that so prescribed by 
the selectmen or town clerk, except as otherwise herein provided. 

230:2 Takes Effect. This act shall take effect as of January 1, 
1958. 

[Approved July 12, 1957.] 
[Effective date January 1, 1958.] 



CHAPTER 231. 



AN ACT RELATIVE TO CASES TRANSFERRED FROM JUVENILE COURT TO 

THE SUPERIOR COURT. 

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

231:1 Transfers to Superior Court. Amend PvSA 169:22 by in- 
serting at the end thereof the words, The provisions of this section and 
section 27 shall not apply when the case is certified to the superior court 
under the provisions of section 21 and the superior court adjudicates the 
matter as a criminal proceeding, so that said section as amended shall 
read as follows: 169:22 Records. The court records of proceedings 
with reference to juveniles in all courts of the state shall be kept in 
books and files separate from all other court records. The proceeding 
shall be entitled, "The state in the interest of .... " (naming the child 
or children). Such records shall be withheld from indiscriminate pulDlic 
inspection but shall be open to inspection by the parent, guardian or 
other authorized representative of the person concerned and, in the dis- 
cretion of the court, by other persons having a legitimate interest. The 
provisions of this section and section 27 shall not apply when the case 
is certified to the superior court under the provisions of section 21 and 
the superior court adjudicates the matter as a criminal proceeding. 



1957] Chaptek 232 277 

231:2 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved July 12, 1957.] 
[Effective date September 10, 1957.] 



CHAPTER 232. 

AN ACT RELATING TO APPROVED SCHOOLS OF HAIRDRESSING. 

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

232:1 School Hours. Amend RSA 314:13 by striking out the 
words, one year, in the fourth line and inserting in place thereof the 
words, nine months, so that said section as amended shall read as 
follows : 

314:13 Approved Schools. No school of hairdressing in this 
state shall be approved by said board unless it has minimum require- 
ments of a continuous course of study of fifteen hundred hours dis- 
tributed over a period of not less than nine months, including practical 
demonstrations, written and oral tests, and theoretical and practical in- 
struction in sanitation, sterilization and the use of antiseptics and dis- 
infectants, cosmetics and electrical appliances, which course of study and 
instruction shall be subject to the approval of the board. Schools must 
provide a separate room for classwork and instruction and at least one 
separate room for supervised practice. Each school shall have in good 
working order all apparatus and equipment necessary for the full and 
ready teaching of all subjects included in the required curriculum. 
Schools must keep daily record of attendance and study of each student, 
of the hours spent in each practical operation, and the number of tests 
given. A monthly report of such attendance, study, practice and hours, 
attested to be correct by the signature of both the student and instruc- 
tor, shall be mailed to the board at the end of each month. All records 
of a student's progress in the school shall be open for inspection by 
members of the board at any time during class hours. All brushes, combs, 
towels, instruments, and applicators must be cleaned and disinfected by 
a method approved by the board's rules and regulations, after each use. 
All students must wear clean and washable uniforms during class hours. 
Suitable containers for soiled towels, brushes, combs, and other soiled in- 
struments must be provided, and suitable containers must be supplied 
for freshly laundered towels, and air-tight cabinets for disinfected uten- 
sils. Floors must have washable coverings. No person shall be engaged 
to instruct in any of the branches of hairdressing, and cosmetology or 
manicuring as defined in this chapter unless approved and licensed as a 



278 Chapters 233, 234 [1957 

hairdresser instructor by the board after having passed an examina- 
tion as such instructor and having paid the required fee, except that 
occasional lecturers on specialized subjects shall not require such exami- 
nation, approval or license. No person shall be approved and licensed as 
a hairdresser instructor unless (1) he shall have graduated from an 
approved high school or had an education equivalent thereto and (2) 
shall have completed at least three years of actual employment in a 
licensed shop. 

232:2 Takes Effect. This act shall take effect July 1, 1957. 
[Approved July 12, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 233. 

AN ACT PROVIDING SPECIAL FEES FOR PRIVATELY OWNED SCHOOL BUSES. 

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

233:1 School Buses. Amend RSA 262:1 by inserting at the end 
thereof the following new paragraph : XVI. For motor vehicle used 
exclusively as a school bus, twenty-five dollars. The provisions of para- 
graph III hereof shall not apply to motor vehicle used exclusively as a 
school bus. The provisions of the paragraph shall not apply to muni- 
cipally owned vehicles nor to vehicles of public utilities or common 
carriers. 

233:2 Takes Effect, This act shall take effect as of April 1, 1958. 
[Approved July 16, 1957.] 
[Effective date April 1, 1958.] 



CHAPTER 234. 



AN ACT RELATIVE TO THE SALARIES OF THE JUSTICE AND CLERK OF THE 
MUNICIPAL COURT OF DOVER. 

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

234:1 Dover Municipal Court. Amend paragraph I of RSA 502:7 
(supp) as amended by 1955, 133:1, 182:1, 279:1, 296:1, 1957, 66:1, 1957, 
83:1, 1957, 108:1, 1957, 125:1,1957, 175:1 and by acts relative to salaries 
of justices of Manchester and Nashua municipal courts by striking out 
the words, "In Dover, one thousand eight hundred dollars" and inserting 
in place thereof the words, In Dover, two thousand five hundred dollars, 
so that said paragraph as amended shall read as follows : 



1957] 



Chapter 234 



279 



I. Salaries of justices of municipal courts shall be paid from 
the treasury of the city or town in wliich such courts are located, may be 
paid quarterly or monthly, and shall be in the following sums per 
annum : 

[n Manchester, five thousand one hundred dollars; 

[n Nashua, four thousand dollars; 

[n Concord, three thousand five hundred dollars; 

[n Portsm.outh, three thousand dollars; 

[n Dover, two thousand five hundred dollars ; 

[n Laconia, three thousand 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; 

In Somersworth, eight hundred dollars; 

[n Littleton, eight hundred dollars ; 

In Hampton, one thousand dollars ; 

[n Milf ord, six hundred dollars ; 

[n Haverhill, eight hundred dollars; 

[n Salem, one thousand dollars ; 

234:2 Dover Municipal Court Clerk. Amend RSA 502:17 as 
amended by 1957, 17:1 and 1957, 108 by inserting before the words "to 
be paid" the words, the clerk of the Dover municipal court shall receive 
an annual salary of one thousand dollars, so that said section as amended 
shall read as follows: 502:17 Salaries. The clerk of the Portsmouth 
municipal court shall receive an annual salary of twelve hundred dollars, 
the clerk of the Manchester m.unicipal court shall receive an annual 
salary of thirty-three hundred dollars, the clerk of the Dover municipal 
court shall receive an annual salary of one thousand dollars, to be paid 
by the respective cities in equal monthly payments; the salaries of all 
other clerks of municipal courts in cities and towns of five thousand 
population or more shall be not less than three hundred dollars, and as 
much more as the city or town in which said court is located may vote 
to pay. 

234:3 Takes Effect. This act shall take eff'ect sixty days after its 
passage. 

[Approved July 19, 1957.] 
[Effective date September 17, 1957.] 



280 Chapter 235 [1957 

CHAPTER 235. 

AN ACT TO PROVIDE FOR A FARM REGISTRATION FOR MOTOR TRUCKS AND 

SEMI-TRAILERS WHEN USED EXCLUSIVELY FOR FARM 

PURPOSES. 

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

235:1 Farm Motor Truck Reg^istration. Amend paragraph V of 
RSA 262:1 (supp) as amended by 1955, 144:1 by striking out said para- 
graph and inserting- in place thereof the following: 

V. 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 agricultural 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 herein- 
before 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 agricultural fairs and exhibits for 
exhibition purposes only, tv/o dollars, provided that such vehicle under 
such limited registration shall not be used for the purpose of trans- 
porting products for sale or for hire. For each farm truck or combina- 
tion of motor truck tj^pe tractor and semi-trailer of a total weight de- 
termined as provided in paragraph IV of this 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 thousand pounds, and at the same rates set 
forth in paragraph IV of this section for any additional weight above 
sixteen thousand pounds, and for each additional or extra semi-trailer 
used in connection with a motor truck type tractor registered for farm 
purposes twenty-five dollars, provided that a farm truck or combina- 
tion truck-tractor and semi-trailer 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 



1957] Chapter 236 281 

use during the same registration j^ear such fee shall be applied toward 
the fee for such general registration. 

235:2 Takes Effect. This act shall take effect sixtj^ days after its 
passage. 

[Approved July 19, 1957.] 
[Effective date September 17, 1957.] 



CHAPTER 236. 

AN ACT RELATIVE TO CONSTITUTIONAL AMENDMENT BALLOTS. 

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

236:1 Constitutional Amendments. Amend section 12 of chapter 
59 of the Revised Statutes Annotated by striking out said section and 
inserting in place thereof, the following: 59:12 Question Submitted. 

Whenever the approval of a constitutional amendment or other question 
is submitted to the vote of the people such question shall be printed up- 
on the ballots after or beneath the list of candidates. The ballots shall 
be so printed as to give to each voter an opportunity to designate by a 
cross (X) in a square his answer to the question submitted, A conven- 
tion to revise the constitution may, however, direct that amendment 
questions shall be printed on a separate ballot. On all ballots, above con- 
stitutional amendment questions, there shall be printed the following 
words: Questions Relating to Constitutional Am.endments Proposed by 
the Convention to Revise the Constitution. 

236:2 Requirements. Amend section 13 of chapter 59 of the Re- 
vised Statutes Annotated by striking out the provisions of the same 
and inserting in place the following: 59:13 Paper. The ballots shall 
be printed on plain white paper in weight not less than that of ordinary 
printing paper. When constitutional amendment questions are printed 
on a separate ballot, they shall be printed on colored paper. 

236:3 Takes Effect. This act shall take effect upon its passage. 
[Approved July 19, 1957.] 
[Effective date July 19, 1957.] 



282 Chapters 237, 238 [1957 

CHAPTER 237. 

AN ACT RELATIVE TO THE INDUSTRIAL PARK AUTHORITY. 

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

237:1 Industrial Development Authority. Amend RSA 162-A:12 

(supp) as inserted by 1955, 254 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: 162 — A:12 Debt Limita- 
tion. The authority shall not issue its notes or bonds as provided by 
this act at any one time in an amount exceeding two million dollars. 

237:2 Limitation. Amend RSA 162-A (supp) as inserted by 1955, 
254 by inserting after section 12 the following new section: 162-A :12-a 
Projects. Notwithstanding any other provisions of law, the public 
works and highways department shall have no jurisdiction over, nor 
shall its approval of contracts be required for, projects constructed by 
the authority and the provisions of RSA 228:4 and 5 shall not apply to 
projects constructed by the authority. 

237:3 Takes Effect. This act shall take effect upon its passage. 
[Approved July 19, 1957.] 
[Effective date July 19, 1957.] 



CHAPTER 238. 



AN ACT PERTAINING TO NEW POSITIONS AND RECLASSIFICATION OF 
POSITIONS IN THE CLASSIFIED SERVICE. 

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

238:1 State Service. Amend RSA 98 by inserting after section 
17, the following new section: 98:17-a New Positions and Reclassifi- 
cation of Positions. Not withstanding anything in RSA 98 to the con- 
trary, no new position in the classified service for employment of over 
one calendar year shall be established except upon approval of the gov- 
ernor and council. A request from a department head for additional per- 
sonnel beyond those considered as line items in the budget as enacted 
as a budgetary amount, if said employment is for a period in excess of 
one calendar year, shall be considered a new position requiring the 
approval as specified in this section. In addition thereto a request made 
either to the division of personnel or the governor and council for the re- 
classification or reallocation of positions to different class series shall be 
considered as a request for a new position and shall require the approval 
of the governor and council. The division of personnel shall submit to 



1957] Chapter 239 283 

the general court on or before January 15 of each legislative year a list 
of all new positions created subsequent to the report made to the pre- 
ceding session of the general court giving the reason for the action taken 
in each case and stating clearly the effect of such action upon the 
amounts for personnel services appropriated by the preceding general 
court. On or before January 15, 1959 the division of personnel shall sub- 
mit its report to the general court in accordance with the preceding 
sentence covering the period from January 1, 1957 to January 1, 1959. 

238:2 Takes Effect. This act shall take effect upon its passage. 
[Approved July 19, 1957.] 
[Effective date July 19, 1957.] 



CHAPTER 239. 

AN ACT RELATIVE TO THE APPROPRIATION OF MONEY AT TOWN MEETINGS. 

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

239:1 Town Meetings. Amend RSA 39:2 by adding at the end of 
said section the following: Provided tliat in case where the article in 
the warrant calls for the appropriation of specific sum of money the sum 
of money appropriated thereunder may be decreased or increased by the 
vote of the town, provided further that in a town under the municipal 
budget act no increase shall be valid which would violate the provisions 
of RSA 32:8, so that said section as amended shall read as follows: 
39:2 Warrant. The warrant for any town meeting shall be under the 
hands of the selectmen, and shall prescribe the place, day and hour of 
the meeting, and, if there is an election at said meeting, in which an 
official printed ballot containing more than one name is used, the warrant 
therefor shall prescribe tlie time the polls are to open and also an hour 
before which the polls may not close. A town meeting may vote to keep 
the polls open to a later hour but may not vote to close the polls at an 
earlier hour than that prescribed by the selectmen hereunder. The sub- 
ject matter of all business to be acted upon at the town meeting shall 
be distinctly stated in the warrant, and nothing done at any meeting, 
except the election of any town officer required by law to be made at 
such meeting, shall be valid unless the subject thereof is so stated. 
Provided that in case where the article in the warrant calls for the appro- 
priation of specific sum of money the sum of money appropriated there- 
under may be decreased or increased by the vote of the town, provided 



284 Chapter 240 [1957 

further that in a town under the municipal budget act no increase sliall 
be vahd whicli would violate the provisions of RSA 32 :8. 

239:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 19, 1957.] 
[Effective date September 17, 1957.] 



CHAPTER 240. 

AN ACT RELATING TO PROBATE COURTS. 

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

240:1 Register of Probate. Amend RSA 548 by inserting after 
section 5 the following new section: 548-5-a Notice to Fiduciaries. 
If a fiduciary hereafter appointed by the probate court shall fail for 
thirty days to file an inventory or for ninety days to file an account of his 
administration, as required by law, the register of probate shall give 
notice to him of his default by registered mail, and if he shall fail for 
thirty days thereafter either to file the inventory or his account, or show 
good cause for such failure, the judge of probate may issue a citation to 
such fiduciary to appear before him pursuant to the provisions of RSA 
550:2. The requirements hereof shall apply to such fiduciaries hereto- 
fore appointed as the judges of probate may prescribe by rules and 
regulations adopted pursuant to the authority conferred by chapter 139, 
Laws of 1957. A register of probate for services and expenses in giving 
notice hereunder, shall be entitled to a fee of three dollars, which shall 
be paid by the fiduciary forthwith. 

240:2 Enforcement of Orders, etc. Amend RSA 547:11 by adding 
at the end of the section the following : Whenever it appears necessary 
to preserve or protect the assets of any estate, the judge, on application 
or upon his own motion, may impound the books, records and assets of 
any fiduciary or may enjoin the withdrawal of any moneys or deposits 
or transfers of any securities by any fiduciary, or may direct the tempo- 
rary investment of the assets of any estate in securities approved by the 
judge or require them to be deposited in any bank or institution author- 
ized to receive deposits, so that said section as amended shall read as 
follows: 547:11 Enforcement of Orders, etc. The judge shall have 
power to enforce all orders and decrees made by him in the exercise of 
any authority or jurisdiction conferred upon him, and to punish con- 
tempts of his authority, as the superior court has in like cases. When- 
ever it appears necessary to preserve or protect the assets of any estate, 
the judge, on application or upon his own motion, may impound the 



1957] Chapter 241 285 

books, records and assets of any fiduciary or may enjoin the withdrawal 
of any moneys or deposits or transfers of any securities by any fiduciary, 
or may direct the tem.porary investment of the assets of any estate in 
securities approved by the judge or require them to be deposited in any 
bank or institution authorized to receive deposits. 

240:3 Authority on Accounting by Fiduciaries. Amend RSA 547 
by inserting after section 11 the following new section: 547:ll-a 
Authority on Accounting by Fiduciaries. In any accounting by an 
executor, administrator, trustee, guardian, or other fiduciary, the judge 
may require him, or any of them if there are more than one, to produce 
during the proceedings or afterward, as he may direct, any securities or 
moneys comprised in the account or any documents relating to the in- 
vestments of the estate, and to replace any moneys or property that have 
been improperly applied or disposed of, or the value thereof, and to pay 
or transfer the same or any moneys or property with which the fiduciary 
or fiduciaries may be charged into a proper account or otherwise, as he 
may order, in such manner that the same shall be in the control of the 
persons entitled thereto; and the proceedings upon every such account 
shall be considered for all purposes to be proceedings in equity, and 
orders and decrees of the judge therein shall be enforceable accordingly. 

240:4 Takes Effect. This act shall take effect July 31, 1957. 
[Approved July 19, 1957.] 
[Effective date July 31, 1957.] 



CHAPTER 241. 



AN ACT RELATIVE TO MEMBERSHIP IN THE COUNCIL ON RESOURCES 

AND DE\'ELOPMENT. 

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

241:1 Council of Resources and Development. Amend RSA 162:1 
by striking out said section and inserting in place thereof the following : 
162:1 Council EstabUshed. There shall be a council on resources and 
development consisting of delegates from each of tlie following state 
agencies chosen as hereinafter provided: Fisli and game commission, 
planning and development commission, forestry and recreation commis- 
sion, water pollution commission, water resources board, department of 
agriculture and department of public works and highways. Each delegate 
shall hold office for such term as the appointing authority shall desig- 
nate. They shall serve without compensation but may be reimbursed for 
their reasonable expenses incurred in the performance of their duties. 



286 Chapter 242 [1957 

241:2 Advisory Duties. Amend RSA 162:3 by striking- out the 
words "or commissions of the agencies" and inserting in place thereof 
the words, commission or commissioner of the agencies or departments, 
so that said section as amended shall read as follows : 162:3 Duties of 
the Council. The council shall meet at least once every quarter to advise 
and consult upon common problems in the field of natural resources and 
their development; to make such reports and recommendations as may 
be desirable to the governor and council; and, subject to approval of the 
board, commission or commissioner of the agencies or department 
affected, to make such studies and recommendations upon its own initi- 
ative, or upon request, to the general court concerning such changes as 
it may deem advisable to effectively coordinate the work of the agencies 
enumerated in section 1. Its decisions shall be advisory only. 

241:3 Appointing Authority. Amend RSA 162:4 by striking- out 
said section and inserting" in place thereof the following: 162:4 Dele- 
gates Chosen. The fish and g-ame commission, planning and develop- 
ment commission, water pollution commission, forestry and recreation 
commission, and the water resources board, commissioner of agriculture 
and the commissioner of public works and highways shall each choose a 
delegate to sit upon the council heretofore established, as representing- 
his agency or department. Said deleg-ate may be a member of the re- 
spective agency or department or may be an employee of the agency or 
department concerned. 

241:4 Present Members of the Council. Nothing- herein shall be 
construed as affecting the term of office of the members of the council 
in office at the effective date of this act. 

241:5 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 19, 1957.] 
[Effective date September 17, 1957.] 



CHAPTER 242. 

AN ACT MAKING APPROPRIATION FOR THE GOVERNOR'S LEGAL COUNSEL. 

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

242:1 Appropriation. The sum of eight thousand dollars is here- 
by appropriated as compensation for the governor's legal counsel for the 
session of the general court for 1957 ; said sura to be paid in two install- 
ments. May 15 and the end of the session. The governor is authorized to 
draw his warrants for the sum hereby appropriated out of any money 
in the treasury not otherwise appropriated. 



1957] 



Chapter 243 



287 



242:2 Takes Effect. This act shall take effect upon its passage. 
[Approved July 23, 1957.] 
[Effective date July 23, 1957.] 



CHAPTER 243. 



AN ACT RELATIVE TO SALARIES OF JUSTICES OF THE MUNICIPAL COURTS 

OF Rochester, Derry and Exeter. 

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

243:1 Dover Municipal Court. [Rochester, Derry, Exeter Muni- 
cipal Courts.] Amend paragraph I of RSA 502:7 (supp) as amended 
by 1955, 133:1, 182:1, 279:1, 296:1, 1957, 66:1, 1957, 83:1, 1957, 108:1, 
1957, 125:1, 1957, 175:1, 1957, 209:1 and by acts relative to salaries of 
justices of Manchester and Dover municipal courts by striking out the 
words "In Rochester, one thousand two hundred dollars" and inserting 
in place thereof the words, In Rochester, one thousand eight hundred 
dollars; by striking out the words, "In Derry, nine hundred dollars" and 
inserting in place thereof the words, In Derry, twelve hundred dollars, 
and by striking out the words, "In Exeter, eight hundred dollars" and 
inserting in place thereof the words. In Exeter, twelve hundred dollars, 
so that said paragraph 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 : 

[n Manchester, five thousand one hundred dollars; 

[n Nashua, four thousand dollars; 

[n Concord, three thousand five hundred dollars ; 

[n Portsmouth, three thousand dollars; 

[n Dover, two thousand five hundred dollars; 

[n Laconia, three thousand 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 eight hundred dollars ; 

[n Lebanon, one thousand five hundred dollars ; 

[n Newport, one thousand one hundred and fifty dollars ; 

[n Derry, twelve hundred dollars; 

[n Franklin, one thousand two hundred dollars; 

[n Exeter, twelve hundred dollars ; 

[n Somersworth, eight hundred dollars; 

[n Littleton, eight hundred dollars; 



288 Chapter 244 [1957 

In Hampton, one thousand dollars; 
In Milf ord, six hundred dollars ; 
In Haverhill, eight hundred dollars; 
In Salem, one thousand dollars. 

243:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 23, 1957.] 
[Effective date September 21, 1957.] 



CHAPTER 244. 

AN ACT ABOLISHING THE CIVIL AND CRIMINAL JURISDICTION OF 
JUSTICES OF THE PEACE. 

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

244:1 Justices of the Peace- Amend RSA by inserting after chap- 
ter 501 the following new chapter : 

Chapter 501-A 
Fees for Justices of the Peace 
501-A :1 Fees for Justices of the Peace. For administering and 
certifying oaths, except the oaths of office of town officers a justice of the 
peace shall receive twenty-five cents. 

501-A :2 Other Fees. For other certificates or papers which he 
is authorized to make or certify the clerk of a municipal court sliall re- 
ceive the same fees as a clerk of the superior court. 

244:2 Repeal. RSA 501, relative to justice courts and civil pro- 
ceedings thereon, is hereby repealed. 

244:3 Municipal Court. Amend RSA 502 by inserting after sec- 
tion 25 the following new section: 502:25-a Justice Not to be Counsel. 

A justice or special of a municipal court shall not be of counsel, nor act 
as attorney for nor advise or assist either party, in a cause pending or 
which may come before him. 

244:4 Repeal. RSA 502 :25, relative to appeals, is hereby repealed. 

244:5 Civil Proceedings. Amend RSA 502 by adding at the end 
thereof the following new sections : 

Appeals, Costs and Fees in Civil Cases 
502 :33 Plea That Title to Real Estate is Involved. In the trial of 
an action before a justice of a municipal court no evidence shall be offered 
in defense which brings the title to real estate in question, but such de- 



1957] Chapter 244 289 

fense may be pleaded specially; and when such plea is filed no further 
proceedings shall be had before the justice than to record the plea, and, 
if the plaintiff elects, to enter a nonsuit. 

502:34 — Transfer of Case on Special Plea. If such special plea 

is filed, and the plaintiff does not elect to be nonsuited, he may enter the 
action in the superior court not later than the second return day after 
the filing of such plea, by filing with the clerk attested copies of the 
writ, plea and other papers used before the justice of the municipal 
court, and may prosecute the action in that court, as if originally com- 
menced therein. 

502:35 — Neglect to Enter Action. If the plaintiff does not enter 
the action as above provided, costs, including those before the justice of 
the municipal court, may be allowed to the defendant, upon his com- 
plaint therefor, in the superior court. 

502:36 Adjournments. The trial of a civil cause before a 
justice of a municipal court may be adjourned, at his discretion, not ex- 
ceeding three months. 

502:37 Failure of Justice to Attend. If a justice of a municipal 
court fails to attend at the time and place to which civil process is re- 
turnable or continued before him, the special justice or a justice of the 
peace assigned by the justice, may attend and adjourn the cause not 
exceeding thirty days, without costs to either party, and saving the 
rights of all parties. If the justice before whom the process was 
originally returnable or continued shall decease, or shall be absent and 
shall not return within said thirty days, the justice so adjourning the 
cause shall have jurisdiction to trj^ and determine it, and may issue 
execution to carry his judgment into effect as fullj^ as if the process had 
been originally returnable before him. 

502:38 Completion of Case. In proceedings begun before a 
justice of a municipal court and which have not been completed prior to 
the expiration of his term of office, he may be appointed by his successor 
to serve as a master to complete the proceedings and report his findings 
to the justice subject to the same rules and provisions as apply to the 
appointment of masters by the superior court. 

502:39 Civil Causes. Either party may appeal from the judg- 
ment of a justice of a municipal court in a civil cause, to the superior 
court. 

502:40 Time; Bond. No such appeal shall be allowed unless 
claimed within two hours after the judgment is rendered, nor unless the 
party appealing, within twenty-four hours, enters into recognizance, or 
files with the justice a bond to the adverse party, with sufficient sure- 



290 Chapter 244 [1957 

ties, in the sum of one hundred dollars, to pay the costs which may be 
recovered against him. 

502:41 Entry. The party appealing- shall enter his appeal at the 
next return day, and file with the clerk of the court to which the appeal 
is taken attested copies of the record and of all papers in the cause be- 
fore the justice of the municipal court. 

502:42 Neglect to Enter Appeal. If he neglects to enter his 
appeal or to file such copies the judgment of tlie justice of the municipal 
court shall be affirmed, with costs to the appellee. 

502:43 Costs. If in an action on contract the plaintiff appeals 
and does not recover greater damages than those awarded by the justice 
of the municipal court he shall recover no costs other than those before 
the justice, and the defendant sliall recover his costs on the appeal. 

502:44 Reversal of Judgment of Abatement. If a judgment of 
the justice of a municipal court that the writ abate be reserved on appeal 
the cause shall not be remanded, but shall be determined in the appellate 
court. 

Justice's Records 
502:45 Keeping. Every justice or clerk of a municipal court 
shall keep a fair record in one or more books kept by him for that pur- 
pose, of all official proceedings before him. 

502:46 Deposit. If a justice of a municipal court resigns, or his 
commission has expired, or he removes himself from the county, he shall 
turn over all his records to his successor, or if a municipal court is 
abolished the justice shall deposit his official records and files with the 
clerk of the superior court for the county. If he neglects so to do he shall 
forfeit the sum of five dollars for every month's neglect after such resig- 
nation or abolishment. 

502 :47 — By Executor, etc. The executor or administrator of a 
deceased justice of a municipal court, or any person into whose hands 
any of the official records or files of such justice may come, shall forth- 
with deposit the same with said clerk of the superior court. Whoever 
neglects so to do for the space of six months shall forfeit the sum of ten 
dollars for each month's neglect after said six months. 

502:48 Custody of Deceased Justices' Records. The records and 
files of deceased justices of municipal courts shall be kept by the clerk 
of the superior court for the county and are records and files of his office, 
except that such records may be retained by successors to the justices 
where said municipal courts are not abolished by vote of the town or 
for other reasons become inactive. 



1957] Chapter 244 291 

502 :49 Fees in Civil Cases. Justices of municipal courts shall be 
allowed in civil cases: 

For a blank writ, ten cents. 

For the entry of every action or complaint, including- filing 

papers, entering appearances and judgment and recording, 

fifty cents. 
For every adjournment, seventeen cents. 
For actual trial upon issue joined, either of law or fact, one 

dollar; or, if the trial shall occupy the time of the justice 

for a full day or more, he shall be allowed two dollars a day 

for the time so occupied. 
For each execution, seventeen cents. 
For a writ of possession, twenty-five cents. 
For entering satisfaction of a judgment on record, ten cents. 
For granting a warrant of appraisement and swearing the 

appraisers, twenty-five cents. 
For other certificates or papers which he is authorized to make 

or certify the clerk of a municipal court shall receive the 

same fees as a clerk of the superior court. 

502:50 Writ; Plea. There shall be allowed in each bill of costs 
taxes in civil cases before a justice of a municipal court one dollar for 
each writ or plea. 

502:51 Travel, etc. Travel and attendance of parties and other 
costs and fees shall be allowed as in the superior court, except that the 
plaintiff shall be allowed no more travel than if he lived within ten 
miles of the place of trial, unless he appears in person. 

244:6 Superior Court. Amend RSA 491:7 by striking out the 
words "or justice" in the seventh line and the words "and justice" in 
the tenth line, so that said section as amended sliall read as follows: 
491:7 Jurisdiction. The superior court shall take cognizance of civil 
actions and pleas, real, personal and mixed, accoi'ding to the course of 
the common law; of writs of mandamus and quo warranto, and of pro- 
ceedings in relation thereto; of bastardy cases; of petition and appeals 
relating to highways and property taken therefor and for other public 
use; of appeals from probate courts and applications therefor; of 
appeals from commissioners of insolvent estates ; of actions commenced 
in a municipal court wherein the title to real estate is bi-ought in 
question, or which for other reasons are transfei-able to the superior 
court ; of appeals from municipal courts in cases where final judgment has 
been there rendered ; of suits in equity ; of petitions for divorce, nullity of 
marriage, alimony, custody of children and allowance to wife from hus- 
band's property for support of herself and children ; of petitions for new 



292 Chapter 244 [1957 

trials; of petitions for partition and for the redemption and foreclosure 
of mortgages; of all other proceedings and matters to be entered in, 
or heard at, said court by special provisions of law; and of all other pro- 
ceedings and matters cognizable therein for which other special provision 
is not made. 

244:7 Repeal. RSA 592, relative to courts of criminal jurisdic- 
tion, is hereby repealed. 

244:8 New Chapter. Amend RSA by inserting after chapter 592 
the following new chapter : 

Chapter 592nA 
592-A:l Superior Court. The superior court has jurisdiction of 
all criminal cases and proceedings; but it may dismiss a prosecution 
originally begun therein which is within the jurisdiction of a municipal 
court. 

592-A:2 Appeals to Superior Court. The superior court has 
jurisdiction of all appeals in criminal cases from municipal courts. 

592- A :3 Plea of Guilty in Municipal Court. A justice of a 
municipal court may render final judgment and sentence in any case 
where the punishment is a fine of one hundred dollars or of some specific 
sum less than one hundred dollars, or imprisonment for a period of not 
more than six months, or is both such fine and imprisonment, if the 
accused pleads guilty or nolo contendere, or files a writing by which he 
elects a trial by the justice and waives the right of appeal. 

592-A:4 Binding Over by Justice. A justice of a municipal 
court may cause to be apprehended and committed to jail or bound over 
with sufficient sureties to the superior court, all persons charged with 
offenses committed or triable in the county, exceeding his jurisdiction 
to try. 

592-A:5 Justice of the Peace Throughout the State. A justice 
of the peace throughout the state may issue his warrant for any offense 
committed in any county, which may be directed to the sheriff of any 
county or his deputy, or to any constable or police oflficer of any town in 
the state. 

592- A :6 Municipal Courts. Municipal courts have the powers 
of a justice of the peace and quorum throughout the state and have 
jurisdiction as provided in RSA 502:18. 

592-A:7 Complaints. Criminal proceedings before a municipal 
court shall be begun by complaint, signed and under oath, addressed to 
such court, briefly setting forth, by name or description, the party 
accused and the offense with which he is charged. 



1957] Chapter 244 293 

592-A:8 Warrants. A justice of the peace or justice of the 
municipal court, upon such complaint, may issue a warrant for the arrest 
of the person so charged with an offense committed or triable in the 
county, directed to the sheriff of any county or liis deputy, or to any 
constable or police officer of any town in the county. 

592-A:9 — When Returnable to Municipal Court. If such war- 
rant is issued by a municipal court, or by a justice within the town in 
which a municipal court is established, for any offense committed in such 
town, it shall be made returnable before the municipal court, and not 
elsewhere. 

592-A:10 — Other Returns. In other cases the warrant shall re- 
quire the offender to be brought before the justice of the peace issuing 
it if the offense is one over which he has jurisdiction, or to a municipal 
court or some justice of the peace especially designated for trial or ex- 
amination. 

592-A:ll Summons, for Witnesses. In any warrant the officer 
may be required to summon the persons therein named as witnesses to 
attend the trial. 

592-A:12 Payment of Witnesses in Criminal Cases. Any person 
who testifies as a witness in a municipal or superior court for the state 
shall be paid the witness fees provided by RSA 516:16. It shall be the 
duty of the clerk of court before whom such witness shall testify to 
maintain a register of all persons who have testified as a witness for 
the state or who are entitled by order of the court to be paid witness 
fees in each criminal case before that court. From this register the clerk 
of court shall pay all witness fees monthly to all persons who are en- 
titled to such fees as appears by said register. The payment of such wit- 
ness fees by the clerk of municipal courts shall be made out of moneys 
collected by the court as provided in RSA 502:14. The payment of such 
witness fees in the superior court shall be a charge against the county. 

592-A:13 No Witness Fees to Salaried Officers. No sheriff, 
deputy sheriff, constable, city marshal, chief of police or other police 
officer who receives a salary or who is to be otherwise compensated as a 
law enforcement officer in connection with the same criminal case by 
the state, county, city or town, shall be paid any fee for testifying as a 
witness in a criminal case ; except that any police officer who is on vaca- 
tion, furlough or on time off who attends as a witness in a criminal case 
pending in any municipal or superior court shall, upon order of the court, 
be paid a witness fee in accordance with section 12 for each day of such 
attendance. 

592-A:14 Smnmons, for Defendant, Upon complaint for an 
offense of which a municipal court has final jurisdiction, the justice to 



294 Chapter 244 [1957 

whom the complaint is made, if he shall deem an arrest unnecessary, 
may issue a summons requiring the party to appear at a certain time 
and place to answer to the complaint. 

592-A:15 Default. If such party, being summoned by deliver- 
ing to him an attested copy of the summons, shall not appear, the justice 
may then issue a warrant as provided in section 8. Such party shall be 
in contempt of court for failing to attend after being so summoned, and 
may be fined not more than twenty dollars. 

592-A:16 Judgment Against Parent. A warrant against a 
minor may require the parent or guardian of the minor to be summoned 
to attend the examination or trial, by delivering to him an attested copy 
of the warrant, and of the complaint, if annexed thereto, and the parent 
or guardian, being so summoned, may be adjudged to pay the fine im- 
posed, and execution may issue against him therefor. 

244 :9 Cruelty to Animals. Amend RSA 575 : 15 by striking out the 
words "or justice of the peace" in the second and third lines and the 
words "or justice" in the fourth line, so that said section as amended 
shall read as follows: 575:15 Jurisdiction. Whenever, in any prose- 
cution for an offense under the provisions of this chapter, the municipal 
court before whom the accused shall be brought for trial is of the opinion 
that the ofi'ense is not of an aggravated nature, said court shall have 
power to render final judgment and sentence, subject to the right of 
appeal as in other cases, and may impose a fine not exceeding twenty 
dollars. 

244:10 Drunkenness. Amend RSA 570:17 by striking out the 
words "justices or" in the second line, so that said section as amended 
shall read as follows : 570:17 — Expense of Detention. The expense of 
detention of persons committed to the county jail or house of correction 
by municipal courts upon complaints for drunkenness shall be a charge 
upon the county. 

244:11 Commitment. Amend RSA 532:9 by striking out the 
words "and justice" in the second line and the words "or justice" in the 
fourth line so that said section as amended shall read as follows: 532:9 
Actions in Municipal Courts. The bail, in actions in municipal courts, 
may commit the principal to jail at any time before judgment against 
him, and shall be discharged upon producing to such court a certificate 
thereof from the jailer, in the same manner and upon payment of the 
like cost as if he were surrendered in court. 

244:12 Bastardy Proceedings. Amend RSA 168:1 by striking out 
the words "some justice of the peace in and for" in the seventh line 
thereof and inserting in place thereof the words, the municipal court 
having jurisdiction in, so that said section as amended shall read as 



1957] Chapter 244 295 

follows: 168:1 Complaint; Warrant. If any woman is pregnant with 
a child which, if born alive, may be a bastard, or has been delivered of 
such a child, she may make complaint in writing, under oath, to any 
justice of the peace, at any time before or within one year after the 
birth of the child, against any man, charging him with having begotten 
the child; and the justice may thereupon issue his warrant commanding 
the person so charged to be brought before the municipal court having 
jurisdiction in the county in which the offense is alleged to have been 
committed, or in which the person so charged may reside. 

244:13 Town. Amend RSA 168:5 by striking out the words "or 
justice" in the third line so that said section as amended shall read as 
follows: 168:5 Appearance by Town. If any woman, after having 
made her complaint, shall abandon the same, the town liable, upon appli- 
cation to the court in writing, made by their selectmen, agent or 
attorney, shall be admitted to prosecute the complaint, a record whereof 
shall be made; and all subsequent proceedings shall be the same as if 
the complaint had been instituted originally by the town. 

244:14 Complaint. Amend RSA 168:6 by striking out the words 
"some justice of the peace in the county in which the offense was com- 
mitted or in which the offender may reside" in the eighth and ninth 
lines and inserting in place thereof the words, the municipal court having 
jurisdiction, so that said section as amended shall read as follows: 
168:6 Complaint by Town. If the mother of a bastard child neglects 
or refuses to make complaint, or having made complaint neglects to 
prosecute the same in court, or shall, in the opinion of the selectmen of 
any town liable, make a false complaint, any justice of the peace to whom 
complaint may be made by said selectmen, at any time before the ex- 
piration of one year from the birth of the child, against any man, charg- 
ing him with having begotten such bastard, m.ay issue his warrant 
directing such person to be brought before the municipal court having 
jurisdiction. 

244:15 Escape. Amend RSA 168:11 by striking out the words 
"any justice in the county in which he was apprehended for examina- 
tion" in the sixth line and inserting in place thereof the words, the 
municipal court having jurisdiction, so that said section as amended 
shall read as follows: 168:11 Escape. Whenever a warrant shall be 
issued by any justice, and the person charged therein shall, either be- 
fore or after the issuing thereof, escape or go out of the county, the 
sheriff thereof or his deputy, or any constable of the town to whom such 
warrant shall be directed, may pursue such person and apprehend him 
in any county, and carry him before the municipal court having juris- 
diction. 



296 Chapter 244 [1957 

244:16 Repeal. RSA 168:12, relating to the escape and return of 
a prisoner, is hereby repealed. 

244:17 Attachment. Amend RSA 514:4 by striking out the words 
"justice or" in the first line so that said section as amended shall read 
as follows: 514:4 Continuance, in Municipal Courts. In actions be- 
fore a municipal court, commenced by attachment, if no personal service 
is made upon the defendant by reason that he resides out of the state, 
or that his residence is unknown to the officer serving the writ, the 
action may be continued not less than sixty days, and the justice shall 
order notice of the pendency of the action to be given, by posting a copy 
of such order in two or more public places in the town where the de- 
fendant was last known to be an inhabitant in this state, forty days at 
least before the day to which the action is continued. 

244:18 Personal Service. Amend RSA 514:5 by striking out the 
words "justice or" in the first line so that said section as amended shall 
read as follows: 514:5 — Personal Service. If it appears to the muni- 
cipal court that personal service can be made upon the defendant in this 
state the justice may continue such action for at least twenty-eight days, 
and other personal service of such notice on the defendant fourteen days 
at least before the date to which such action is continued. 

244:19 Dogs. Amend RSA 466:38 by striking out the words "or 
justice" in the third line so that said section as amended shall read as 
follows: 466:38 How Recoverable. All fines and penalties provided in 
the preceding sections relating to dogs may be recovered on complaint 
before a municipal court in the town or county where the offense is com- 
mitted. 

244:20 Executions. Amend RSA 527:5 by striking out the words 
"and justice" in the first and second lines so that said section as amended 
shall read as follows: 527:5 Return; Municipal Courts. Executions 
issued by municipal courts shall be made returnable within sixty days 
from their dates. 

244:21 Special Plea. Amend RSA 515:3 by striking out the words 
"and justice" in the second line so that said section as amended shall 
read as follows: 515:3 Brief Statement. No special plea shall be re- 
quired in a civil action, except a plea of title to real estate in actions in 
municipal courts; but any defense may be proved under the general 
issue, upon a brief statement thereof being filed in such time as the court 
may order. 

244:22 Setoff. Amend RSA 515:14 by striking out the words "a 
justice of the peace or" in the first and second lines; by striking out the 
words "justice or" in the third and fourth lines; and by striking out the 
words "justice or" in the sixth line so that said section as amended shall 



1957] Chapter 244 297 

read as follows: 515:14 Setoff Exceeding Jurisdiction. If, in an 

action before a municipal court, the defendant pleads a setoff or files a 
setoff with the general issue which exceeds the jurisdiction of the court, 
and accompanies it with an affidavit that the claims mentioned in the 
setoff are, in his belief, justly due and owing to him, no further proceed- 
ings shall be had before the municipal court than to record the plea and 
setoff, and, if the plaintiff so elects, to enter a nonsuit. 

244:23 Tenants. Amend RSA 540:13 by striking out the words 
"justice or" in the second line so that said section as amended shall read 
as follows: 540:13 Writ; Service. A writ of summons may be issued, 
returnable before a municipal court, setting forth in substance that the 
plaintiff is entitled to the possession of the demanded premises, and that 
the defendant is in possession thereof without right, after notice in writ- 
ing to quit the same, which writ shall be served seven days before the 
return day thereof. 

244:24 Judgment. Amend RSA 540:14 by striking out the words 
"justice or" in the second line so that said section as amended shall read 
as follows: 540:14 Judgment. If the defendant makes default, or if 
on trial it is considered by the court that the plaintiff has sustained his 
complaint, judgment shall be rendered that the plaintiff recover 
possession of the demanded premises and costs, and a writ of possession 
shall issue. 

244 :25 Title to Property. Amend RSA 540 : 17 by striking out the 
words "justice or" in the fourth line so that said section as amended 
shall read as follows: 540:17 Plea of Title, Recognizance. If the de- 
fendant shall plead a plea which may bring in question the title to the 
demanded premises he shall forthwith recognize to the plaintiff, witli 
sufficient sureties, in such sum as the court shall order, to enter his 
action in the superior court for the county at the next return day, and 
to prosecute his action in said court, and to pay all rent then due or 
which shall become due pending the action, and the damages and costs 
which may be awarded against him. 

244:26 Jury Trial. Amend RSA 540:18 by striking out the words 
"justice or" in the second line so that said section as amended shall read 
as follows: 540:18 Effect of Plea, etc. After the filing of such plea 
and the entry of such recognizance no further proceedings shall be had 
before the municipal court, but the action may be entered and prose- 
cuted in the superior court in the same manner as if it were originally 
begun there. 

244:27 Aggrieved Party. Amend RSA 540:20 by striking out the 
words "justice or" in the first line so that said section as amended shall 
read as follows: 540:20 Appeal. A party aggrieved by the judgment 



298 Chapter 244 [1957 

of a municipal court upon issue joined in such case may, within two 
hours after the rendition of the judgment, appeal therefrom. 

244:28 Surety. Amend RSA 540:24 by striking out the words 
"justice or" in the third line so that said section as amended shall read as 
follows: 540:24 Recognizance, by Plaintiff. The plaintiff, before his 
appeal is allowed, shall recognize to the defendant, with sufficient sure- 
ties, in such sum as the court may order, to enter and prosecute his 
appeal, and to pay such costs as may be awarded against him. 

244:29 Surety. Amend RSA 540:25 by striking out the words 
"justice or" in the third line so that said section as amended shall read 
as follows: 540:25 Recognizance, by Defendant. The defendant, be- 
fore his appeal is allowed, shall recognize to the plaintiff, with sufficient 
sureties, in such sum as the court may order, to enter and prosecute his 
appeal, and to pay all rent then due or which may become due pending 
the suit, and such damages and costs as may be awarded against him. 

244:30 Trustee. Process. Amend RSA 512:48 by striking out the 
words "justice and" in the second line so that said section as amended 
shall read as follows: 512:48 Application of Provisions. The provi- 
sions of this chapter, so far as they are applicable to actions in municipal 
courts, shall apply to actions and proceedings therein and to process 
issued therefrom; but no party summoned as trustee shall have judge- 
ment entered against him until after notice has been given him to dis- 
close, or after disclosure made. 

244:31 Writ. Amend RSA 512:49 by striking out the words 
"justice or" in the second line so that said section as amended shall read 
as follows : 512 :49 Trustee in Other County. When any trustee, in a 
writ issued by a municipal court, resides in another county the writ and 
any execution issued thereon against such trustee shall be directed to 
the sheriff of any county or his deputy, or to any constable of the town 
in which the trustee resides. 

244:32 Plaintiff to File. Amend RSA 512:50 by striking out the 
words "justice or" in the first line and the words "justice or" in the 
third line so that said section as amended shall read as follows: 512:50 
Bond. In such case, the plaintiff shall file with the municipal court a 
bond to the trustee, in a sum and with sureties to the acceptance of the 
court, conditioned to pay the costs which the trustee may recover; and a 
memorandum of the filing of such bond shall be made and signed by the 
justice or clerk of the municipal court, on the writ, before service thereof 
on the trustee. 

244:33 Fees. Amend RSA 516:16 as amended by 1957, 11:1 by 

striking out the word "justice" so that said section as amended shall read 
as follows : 516 : 16 Attendance ; Travel. The fees of witnesses shall be : 



1957] Chapter 244 299 

For each day's attendance before a municipal, superior or probate court 
or before all other legally constituted auditors, referees, magistrates or 
officials having- the power to summon witnesses, five dollars, except as 
otherwise specially provided ; for each mile's travel to and from the place 
of testifying, six cents ; mileage to be allowed for each day's attendance 
where the witness is required to leave the town or city in which he re- 
sides to testify. 

244 :34 Civil Writs. Amend RSA 509 : 11 by striking out the words 
"and justices of the peace" in the second line so that said section as 
amended shall read as follows: 509:11 Justices' Writs. Writs issued 
by justices of municipal courts shall be under seal and directed to the 
sheriff of the county or his deputy, or to any constable of any town in 
the county, or to either of said officers. 

244:35 Return. Amend RSA 509:12 by striking out the words 
"by a justice of the peace or" in the first line so that said section as 
amended shall read as follows: 509:12 — Form; Return. Writs issued 
by a justice of a municipal court having no clerk shall be signed by such 
justice, and shall be returnable at a day, hour and place named therein, 
and in other respects shall be substantially in the form prescribed. 

244:36 Execution. Amend RSA 509:13 by striking out the words 
"or justice" in the second line so that said section as amended shall read 
as follows: 509:13 Municipal Courts; Attachment; Execution. If the 

defendant in an action before a municipal court has personal property 
liable to attachment in a county of which he is not an inhabitant, the 
original writ and execution may be directed to the sheriff of any county, 
his deputy or to any constable of any town in which the defendant re- 
sides or has such property. 

244:37 Superior Court. Amend RSA 491:12 by striking out the 
words "and before justices of the peace" in the tliii-d line and by strik- 
ing out the words "or justice" in the fifth line so that said section as 
amended shall read as follows: 491:12 Scire Facias on .Justice's .Judg- 
ments. Scire facias may l^e issued in the superior court, upon judg- 
ments and other proceedings in municipal courts when the amount of the 
judgment or other demand claimed, including costs and interest, ex- 
ceeds the jurisdiction of said mimicipal court, upon attested copies of 
such judgments or other proceedings being filed in the superior court. 

244:38 Criminal Appeals. Amend RSA 599:1 by striking out the 
words "or justice of the peace" in the second line, so that said section 
as amended shall read as follows: 599:1 Appeals. A person sentenced 
for an offense, by a municipal court may, at the time such sentence is 
declared, appeal therefrom to the superior court, and said appeal shall 
be entered by the appellant at the next return day unless for good cause 
shown the time is extended by the superior court. The fees for copies 



300 Chapter 244 [1957 

sent to the superior court shall be paid by the county. In all criminal 
cases which are so appealed, or in which defendants are bound over, it 
shall be the duty of the clerk of the superior court to transmit to the 
justice of the municipal court, within ten days after such case is finally 
disposed of, a certificate showing the final disposition of such case. 

244:39 Forfeiture. Amend RSA 599:3 by striking out the words 
"justice or" in the fourth line so that said section as amended shall read 
as follows : 599 : 3 Failure to Prosecute Appeal. If the appellant fails 
to enter his appeal within the time limited and prosecute his appeal a 
record thereof shall be made, his recognizance shall be declared for- 
feited, and, within ten days, the clerk of court shall transmit to the 
municipal court appealed from a certificate of such forfeiture. 

244:40 Fines. Amend RSA 618:1 by adding at the end of said 
section the words, of a municipal court, so that said section as amended 
shall read as follows: 618:1 Imposition. Fines are imposed by the 
sentence of a court of criminal jurisdiction, in a prosecution begun by 
indictment or information, or upon complaint before a justice of a muni- 
cipal court, 

244:41 Fine Disposed. Amend RSA 618:2 by striking out the 
same and inserting in place thereof the following: 618:2 For Whose 
Use. Unless otherwise specially provided, all fines and forfeitures im- 
posed by a municipal court shall be for the use of the town in which the 
court is established; and all other fines and forfeitures shall be for the 
use of the county within which the ofi'ense was committed. 

244:42 Penalty. Amend RSA 618:4 by striking out the words 
"the peace and" in the first line and inserting in place thereof the word, 
a, so that said section as amended shall read as follows : 618 :4 Paying 
Over to County. Every justice of a municipal court shall pay over to 
the town or county to wliich any fine or forfeiture accrues every such 
fine or forfeiture by him received, within six months after the receipt of 
the same. Upon default thereof, he shall forfeit double the amount of 
such fine or forfeiture. 

244:43 Default. Amend RSA 618:9 by striking out the words 
"the peace or" in the third line and inserting in place thereof the word, 
a, so that said section as amended shall read as follows: 618:9 Com- 
mittal for Non-Payment, Term. Whenever a person is committed to jail 
or to a house of correction in default of payment of a fine imposed by a 
justice of a municipal court he shall be discharged from custody by the 
keeper thereof, at the expiration of a number of days after the date of 
his commitment equal to the number of dollars and the fraction of a 
dollar of the fine so imposed. The keeper shall keep a record of all dis- 
charges made under the provisions of this section. 



1957] Chapter 245 301 

244:44 Superior Court. Amend RSA 618:10 by striking out the 
same and inserting in place thereof the following: 618:10 Petition for 
Discharge. Whenever a person, under conviction for a criminal offense 
and confined in jail, is unable to pay the fine the superior court, upon 
petition of the prisoner or the county commissioners, and satisfactory 
proof of such inability, may order the prisoner to be discharged upon 
such terms as they may think proper. 

244:45 Discharge. Amend RSA 618:11 by striking out the words 
"or justice" where they occur so that said section as amended shall read 
as follows: 618:11 — Procedure. No such discharge shall be granted 
unless the petition shall be approved by the county solicitor, or it shall 
appear to the court that the solicitor has been served with a copy of the 
petition, and that notice has been given to him of the time and place 
when and where the same is to be presented to the court, at least ten 
days before the hearing upon the petition ; and the petition, evidence and 
order of the court shall be filed in the office of the clerk of court. 

244 :46 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 25, 1957.] 
[Effective date September 23, 1957.] 



CHAPTER 245. 

AN ACT PROVIDING FOR A FIRST-AID ROOM IN THE STATE HOUSE. 

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

245:1 State Department of Health. Amend RSA 125 by inserting 
after section 13 the following new section: 125:13-a First-Aid Room. 
The state board of health shall equip and maintain a first-aid room in 
such location in the state house as may be assigned for such purpose by 
the governor and council. Said room shall be staffed by a nurse employed 
by the health department and said room shall be kept open at all times 
when the state house is open for business. The expense of the first-aid 
room shall be a charge upon the funds of the health department. 

245:2 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved July 25, 1957.] 
[Effective date July 1, 1957.] 



302 Chapters 246, 247 [1057 

CHAPTER 246. 

AN ACT RELATIVE TO ANNUAL SALARIES OF THE CARROLL COUNTY 

COMMISSIONERS. 

Be it enacted hy the Se7iate and House of Representatives in Geyieral 
Court convened: 

246:1 Carroll County. Amend RSA 28:28 (supp) as amended by 
1955, 247:4 and 1955, 269:1 and 1957, 182:1 by striking out the sentence 
relative to per diem pay for Carroll county commissioners and inserting 
in place thereof after the words "in Belknap fifteen hundred dollars" the 
words, In Carroll twelve hundred dollars, so that said section as amended 
shall read as follows: 28:28 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 Carroll, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, three thousand seven hundred and fifty dollars. 

In Cheshire, one thousand six hundred dollars. 

In Sullivan, twelve hundred dollars. 

In Grafton, eighteen hundred dollars. 

In Coos, fifteen hundred dollars. 
To the foregoing sums shall be added, in all counties, a reasonable sum 
for all necessary expenses, upon order of the county auditors. 

246:2 Takes Effect. The provisions of section 1 relative to the 
salaries of the county commissioners of Cheshire county shall be effective 
as of August 16, 1957, otherwise this act shall take effect upon its 
passage. 
[Approved July 25, 1957.] 



CHAPTER 247. 



an act relative to the construction of two buildings for 

instructional purposes and the remodeling of certain 

present buildings at the university of 

New Hampshire. 

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

247:1 Appropriation. The sum of four million one hundred and 
fifty thousand dollars is hereby appropriated for the purpose of con- 
structing, furnishing, and equipping a classroom and office building for 



1957] Chapter 247 303 

the college of liberal arts and a classroom, laboratory and office build- 
ing- for the basic life sciences, and for such remodeling of existing 
quarters now occupied by departments to be housed in the new buildings 
as may be necessary, at the University of New Hampshire. 

247:2 Borrowing. In order to provide funds for the appropri- 
ation 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 four million one lumdred and fifty 
thousand dollars. 

247:3 State Bonds or Notes. The governor, upon receipt of a re- 
quest from the board of trustees of the university, and by and with 
the consent of the council, may direct the state treasurer to borrow upon 
the faith and credit of the state a sum not exceeding four million one 
hundred and fifty thousand dollars for the purpose of carrying into efi'ect 
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, but in no case shall they be later than thirty 
years from the date of issue. The bonds shall be in such form and de- 
nomination as the governor and council shall determine, may be regis- 
terable 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 show- 
ing 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 number there- 
of, the name of the person to whom sold, the amount received from the 
same, the date of the sale and the date of maturity. 

247:4 Short Term Notes. Prior to the issuance of the bonds here- 
under, the state treasurer, with the approval of the governor and coun- 
cil, may for the purposes hereof borrow money from time to time on 
short term loans which may be refunded by the issuance of bonds here- 
under. Provided, however, that at no time shall the indebtedness of the 
state on such short term loans exceed the sum of four million one hun- 
dred and fifty thousand dollars. 

247:5 Sale of Bonds or Notes. All notes or bonds, except short 
term loans, issued under the provisions of this act shall be negotiated 
and sold by the treasurer by direction of the governor and council as 
they deem to be most advantageous to the state. 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 purpose of this act 
only and the governor, with the advice and consent of the council, shall 
draw his warrant for the payments from the funds provided by this act 
of all sums expended or due for the purposes herein authorized. All in- 
terest from such bonds shall be exempt from taxation within the state. 



304 Chapter 248 [1957 

247:6 Liquidation. The state treasurer is authorized to deduct 
from the fund accruing to the university under RSA 187:24, or appro- 
priation in lieu thereof, for each fiscal year such sum or sums as may be 
necessary to meet interest and principal payments in accordance with 
the terms and conditions of the bonds or notes issued under the author- 
ity of this act for the purposes herein stated. 

247:7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 25, 1957.] 
[Effective date September 23, 1957.] 



CHAPTER 2 18. 

AN ACT RELATIVE TO REPLACEMENTS IN AND EXTENSION OF THE HEATING 
PLANT SYSTEM AT THE UNIVERSITY OF NEV^ HAMPSHIRE. 

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

248:1 Appropriation. The sum of two hundred thousand dollars 
is hereby appropriated for the purpose of providing replacements in and 
extension of the heating plant system at the University of New Hamp- 
shire. 

248:2 Borrowing. In order to provide funds for the appropri- 
ation 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 tv/o hundred thousand dollars. 

248:3 State Bonds or Notes. The governor, upon receipt of a re- 
quest from the board of trustees of the university, and by and with the 
consent of the council, may direct the state treasurer to borrow upon the 
faith and credit of the state a sum not exceeding two 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 governor and coun- 
cil, 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 gov- 
ernor and council shall determine, may be registerable as to both prin- 
cipal 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 number thereof, the name of the 



1957] Chapter 249 305 

person to whom sold, the amount received from the same, the date of 
the sale and the date of maturity. 

248 :4 Short Term Notes. Prior to the issuance of the bonds here- 
under, the state treasurer, with the approval of the governor and coun- 
cil, may for the purposes hereof borrow money from time to time on 
short term loans which may be refunded by the issuance of bonds here- 
under. Provided, however, that at no time shall the indebtedness of the- 
state on such short term loans exceed the sum of two hundred thousand 
dollars. 

248:5 Sale of Bonds or Notes. All notes or bonds, except short 
term loans, issued under the provisions of this act shall be negotiated 
and sold by the treasurer by direction of the governor and council as 
they deem to be most advantageous to the state. 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 purpose of this act 
only and the governor, with the advice and consent of the council, shall 
draw his warrant for the payments from the funds provided by this act 
of all sums expended or due for the purposes herein authorized. All in- 
terest from such bonds shall be exempt from taxation within the state. 

248:6 Liquidation, The state treasurer is authorized to deduct 
from the fund accruing to the university under RSA 187:24, or appro- 
priation in lieu thereof, for each fiscal year such sum or sums as may be 
necessary to meet interest and principal payments in accordance with 
the terms and conditions of the bonds or notes issued under the author- 
ity of this act for the purposes herein stated. 

248:7 Takes Effect. This act shall take effect upon its passage. 
[Approved July 25, 1957.] 
[Effective date July 25, 1957.] 



CHAPTER 249. 



AN ACT RELATIVE TO THE CONSTRUCTION OF A DORMITORY FOR MEN 

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: 

249:1 Appropriation. The sum of one million, one hundred fifty 
thousand dollars is hereby appropriated for the piu-pose of consti-ucting, 
furnishing and equipping a dormitory for men at the University of New 
Hampshire. The appropriation hereby made and the sums made avail- 
able for this project shall be expended by the trustees of the university 
under the direction of the governor and council. All contracts for the 



S06 Chapter 249 [1957 

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 ad- 
vertisement calhng 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 re- 
sponsible bidder. 

249:2 Borrowing. In order to provide funds for the appropriation 
made in section 1 hereof, the trustees of the university are hereby au- 
thorized to request the governor and council to borrow upon the credit 
of the state not exceeding the sum of one million, one hundred fifty thou- 
sand dollars, 

249:3 State Bonds or Notes, The governor, upon receipt of a re- 
quest from the board of trustees of the university, and by and with the 
consent of the council, may direct the state treasurer to borrow upon 
the faith and credit of the state a sum not exceeding one million, one 
hundred fifty 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 governor and council. The maturity dates of such bonds shall be 
determined by the governor and council, but in no case shall they be 
later than thirty years from the date of issue. The bonds shall be in 
such form and denomination as the governor and council shall deter- 
mine, 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 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 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. 

249:4 Short Term Notes. Prior to the issuance of the bonds 
hereunder, the state treasurer, with the approval of the governor and 
council, may for the purposes hereof borrow money fom 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 indebted- 
ness of the state on such short term loans exceed the sum of one million, 
one hundred fifty thousand dollars. 

249:5 Sale of Bonds or Notes. All notes or bonds, except short 
term loans, issued under the provisions of this act shall be negotiated 
and sold by the treasurer by direction of the governor and council as 
they deem to be most advantageous to the state. The proceeds from the 



1957] Chapter 250 307 

sale of such bonds shall be held by the state treasurer and paid out by 
him upon warrants drawn by the governor for the purpose of this act 
only and the governor, with the advice and consent of the council, shall 
draw his warrant for the payments from the funds provided by this 
act of all sums expended or due for the purposes herein authorized. All 
interest from such bonds shall be exempt from taxation within the state. 

249:6 Liquidation. The trustees of the university are authorized 
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 dormi- 
tory. The balance of said income, 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 prin- 
cipal 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. 

249:7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 25, 1957.] 
[Effective date September 23, 1957.] 



CHAPTER 250. 

AN ACT RELATIVE TO POSSESSION OF WILD DEER MEAT. 

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

250:1 Wild Deer. Amend RSA 208:9 by striking out the sentence 
after the words "freezer locker" in the sixth line and inserting in place 
thereof the following: Possession of wild deer or any part of the car- 
cass thereof without section A2 of the license being attached as stipu- 
lated in section 16 hereof and otherwise as permitted in this section or 
by special permission or tag of the director or his agent shall be 
priTna facie evidence that the same was unlawfully taken, so that such 
section as amended shall read as follows: 

208:9 Possession of Deer. Wild deer, or any part of the carcass 
thereof, lawfully taken may be possessed until February first next 
following the date when taken, and not otherwise except as provided 
herein for frozen meat and as otherwise permitted by the director. Any 
part of the carcass of wild deer solidly frozen may be possessed during 
the closed season on deer in a freezer locker. Possession of wild deer 
or any part of the carcass thereof without section A2 of the license 



308 Chapter 251 [1957 

being attached as stipulated in section 16 hereof and otherwise as per- 
mitted in this section or by special permission or tag" of the director or 
his agent shall be prima facie evidence that the same was unlawfully 
taken. A person may bring into and possess in this state deer lawfully 
taken in another state, provided such person shall obtain from the 
director within ten days after bringing such deer fnto this state a per- 
mit to possess such deer. 

250:2 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved July 29, 1957.] 
[Effective date September 27, 1957.] 



CHAPTER 251. 

AN ACT RELATIVE TO TAKING OF CLAMS, CLAM WORMS AND OYSTERS. 

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

251:1 Regulations for Taking. Amend RSA 211, as amended by 
1957, 176:1 by inserting after section 60 the following new sections: 
211 :61 Clams. The advisory committee on shore fisheries as appointed 
under RSA 211 :60 may recommend to the fish and game commission 
such rules and regulations as may be necessary for the propagation, 
preservation and taking of clams, clam worms and oysters and provide 
penalties for violation thereof. 

211:62 Authority for Taking. The director of the fish and game 
department upon advice of the advisory committee and fish and game 
commission shall have the authority to determine length and size limits 
for legal taking, areas to be opened or closed to taking, and the manner 
of taking clams, clam worms and oysters in the coastal area of the state. 

211:63 Hearings as to. Such regulations shall become effective 
January first following public hearing before the advisory committee 
and fish and game commission, to be held at least ninety days prior to 
January first. 

211:64 Penalty. Whoever violates a provision of the rules and 
regulations promulgated by the director of the fish and game commis- 
sion, as hereinbefore provided, relative to taking or possessing clams, 
clam worms and oysters shall be fined not more than ten dollars. 

251:2 Repeal. RSA 211:51 (supp) as amended by 1955, 308:1, 
RSA, 211:52 (supp) as amended by 1955, 308:2, RSA 211:56 (supp) as 
amended by 1955, 308:10, 211:56-a (supp) as inserted by 1955, 308:6 



1957] Chapter 252 309 

relative to clams, clam worms and oysters and RSA 211:57 (supp) as 
amended by 1955, 308:4 are hereby repealed. 

251 :3 Takes Effect. This act shall take effect sixty days after its 
passag-e except section 2 which shall become effective January first, 
1958. 

[Approved July 29, 1957.] 
[Section 2 Effective January 1, 1958.] 
[Balance of Act Effective September 27, 1958.] 



CHAPTER 252. 

AN ACT RELATIVE TO THE STATE'S SHARE OF SCHOOL 
SUPERINTENDENTS' SALARIES. 

Be it enacted hy the Seiiate and House of Representatives in General 
Court convened: 

252:1 School Superintendents. Amend paragraph XXIII of RSA 
186:11 by striking out said paragraph and inserting in place thereof the 
following: XXIII. Salaries. Fix the state's share of the salary or 
salaries of the superintendent, assistant superintendent, and approved 
helping teachers for supervisory unions in such manner that financial 
support to supervisory unions shall recognize the element of financial 
need to the end that the supervisory and administrative services to 
public education shall be on a more equitable and efficient basis; pro- 
vided, however, that the total amounts so fixed in any one fiscal year 
shall not exceed the amount available to the state for this purpose from 
school districts under the provisions of section 12, chapter 194 RSA and 
the amounts received under the provisions of said section 12 shall be 
maintained in a special fund by the state treasurer and be used for no 
other purpose than the salaries of superintendents, assistant superin- 
tendents and helping teachers for supervisory unions. For the purpose 
of this paragraph the state's share of the superintendents' annual salary 
shall be fixed so that each of the amounts so fixed shall vary with specifi- 
cally designated ranges of equalized valuation as listed in the following 
table : 

State's Share of Super- Range of tlie Latest Equalized 

intendents' Salary Valuation Per Union 

$4,500.00 — $14,999,999 

4,250.00 $15,000,000 — $16,999,999 

4,000.00 17,000,000 — 18,999,999 

8,750.00 19,000.000 — 20,999,999 

3,500.00 21,000,000 — 22,999,999 

3,250.00 23,000.000 — 24.999,999 

3,000.00 25,000,000 — 26,999,999 

2,750.00 27,000,000 — 28.999,999 

2,500.00 29,000,000- and over 



310 Chapter 258 [1957 

The state board of education is hereby instructed to adjust the state's 
share of the superintendents' salaries in each successive biennium so 
that in so far as is possible, the present relationship between the equal- 
ized valuations of the supervisory unions and the state's share of the 
superintendents' salaries will be maintained. Notwithstanding any other 
provisions hereof the state's share of the annual salary of any superin- 
tendent in a supervisory union which has a helping teacher shall be 
fixed at twenty-five hundred dollars per year. The state's share of the 
annual salaries of any assistant superintendent or helping teacher shall 
be fixed at twenty-five hundred dollars per year. 

252:2 Helping Teacher. Amend paragraph XXIV of RSA 186:11 

by adding at the end thereof the words, all lielping teacher positions 
hereinafter established shall be only after a majority of the school dis- 
tricts in the supervisory union representing not less than eighty-five 
per cent of the total pupils in the supervisory union have voted favor- 
ably upon the establishment of the position, so that said paragraph as 
amended shall read as follows: XXIV Helping teacher, as referred to 
in paragraph XXIII, is defined as a teacher with specific training and 
experience which will enable her, or him, to give helpful advice, counsel, 
and assistance to teachers, pupils and parents of a school system as a 
constructive means of improving the educational growth and develop- 
ment of children, solving pupil problems of retardation and maladjust- 
ment, adopting the program of studies to meet the needs of the children 
and the community, bringing resources outside of the school to class- 
room teachers, pupils, parents and community, and in general acting as 
a consultant to the entire staff and community in the recognition of the 
educational needs. All helping teacher positions hereinafter established 
shall be only after a majority of the school districts in the supervisory 
union representing not less than eighty-five per cent of the total pupils 
in the supervisory union have voted favorably upon the establishment 
of the position. 

252:3 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved July 29, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 253. 

AN ACT RELATIVE TO OPENING SEASON AT BEAR BROOK. 

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

253:1 Bear Brook. Amend RSA 212:13 by striking out the words 
"November fifteenth" in the ninth line and inserting in place thereof 



1957] Chapter 254 311 

the words, October first so that said section as amended shall read as 
follows: 212:13 Bear Brook Refuge. The limitations as to the area 
within refuges on publicly owned lands and as to distances between 
refuges as provided for in section 11 of this chapter shall not prohibit 
the establishment of a game refuge on the Bear Brook area so-called in 
the towns of Allenstown, Deerfield, Candia and Hooksett transferred 
from the United States to the state of New Hampshire for public park, 
recreational and conservation purposes, provided ihat not less than two 
thousand acres within the boundaries of the area shall be open to hunt- 
ing according to the laws of this state from October first to March 
fifteenth and that all of said area shall be open to fishing in accordance 
with the laws of this state. If such a refuge is estabhshed, the expense 
of policing the refuge shall be assumed by the director, 

253:2 Takes Effect. This act shall take effect October 1, 1957. 
[Approved July 29, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 254. 



AN ACT TO PROMOTE THE SAFETY OF THE PUBIJC IN THE USE AND 

OPERATION OF CABLE AND ROPE DEVICES FOR UPHILL 

TRANSPORTATION OF PASSENGERS. 

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

254:1 Passenger Tramway Safety. Amend RSA by inserting 
after chapter 225 the following new chapter: 

Chapter 225-A 
Passenger Tramway Safety 
225-A :1 Declaration of Policy. It shall be the policy of the 
state of New Hampshire to protect its citizens and visitors from un- 
necessary mechanical hazards in the operation of ski tows, lifts and 
tramways, to ensure that reasonable design and construction are used, 
that accepted safety devices and sufficient personnel are provided for, 
and that periodic inspections and adjustments are made which are 
deemed essential to the safe operation of ski tows, ski lifts, and passen- 
ger tramways. The primary responsibility for design, construction, 
maintenance, and inspection rests with the operators of such passenger 
tramway devices. The state, through its passenger tramway safety 
board, as hereinafter provided, shall register all ski lift devices, when 
used for hire, establish reasonable minimum standards of design and 
operational practices, and make such independent inspections as may be 
necessary in carrying out this policy. 



312 Chapter 254 [1957 

225-A:2 Definition of Terms. The following terms shall be con- 
strued as follows: 

I. A passenger tramway is a device used to transport pa'ssen- 
gers uphill on skis, or in cars on tracks or suspended in the air, by the 
use of steel cables, chains or belts or by ropes, and usually supported by 
trestles or towers with one or more spans. The term passenger tramway 
shall include the following : 

(a) Two-car aerial passenger tramv/ay, a device used to 
transport passengers in two open or enclosed cars attached to, and 
suspended from, a moving wire rope, or attached to a moving wire rope 
and supported on a standing wire rope, or similar devices. 

(b) Multi-car aerial passenger tramway, a device used to 
transport passengers in several open or enclosed cars attached to, and 
suspended from, a moving wire rope, or attached to a moving wire rope 
and supported on a standing wire rope, or similar devices. 

(c) Skimobile, a device in which a passenger car running on 
steel or wooden tracks is attached to and pulled by a steel cable, or 
similar devices. 

(d) Chair lift, a type of transportation on which passengers 
are carried on chairs suspended in the air and attached to a moving 
cable, chain or link belt supported by trestles or towers with one or more 
spans, or similar devices. 

(e) J bar, T bar of platter pull, so-called, and similar types 
of devices are means of transportation which pull skiers riding on skis 
by means of an attachment to a main overhead cable supported by 
trestles or towers with one or more spans. 

(f) Rope tow, a type of transportation which pulls the ski- 
ers riding on skis as the skier grasps the rope manually, or similar de- 
vices. 

II. Industry shall mean the activities of all those persons in 
the state who own or control the operation of passenger tramways. 

III. Operator is a person who owns or controls the operation 
of a passenger tramway. The word "operator" shall include the state or 
any political subdivision. 

IV. Board shall mean the tramway safety board. 

V. Department shall mean the department of public works 
and highways. 

225-A:3 Passenger Tramway Safety Board. There shall be a 
passenger tramway safety board of four appointive members and the 
commissioner of public works and highways, ^ex officio. The appointive 
members shall be appointed by the governor, with the advice and con- 
sent of the council, from persons representing the following interests: 
one member who operates a rope tow only and one member from the 



1957] Chapter 254 313 

cable and other passenger canying- devices industry, and in making such 
appointments consideration shall be given to recommendations made by 
members of the industry, so that both the devices which pull skiers 
riding on skis and the devices which transport passengers in cars or 
chairs shall have proper representation; one member to represent the 
public at large ; and one member to represent insurance companies which 
engage in insuring passenger tramway operations, and in appointing 
such member consideration shall be given to recommendations made by 
such insurance companies. 

225-A:4 Term of Office. Of the first appointments liereunder 
one member shall be appointed for a term of one year, one for a term of 
two years, one for a term of three years and one for a term of four years, 
and until their successors are appointed and qualified, and thereafter 
each of the appointed members shall be appointed for a term of four 
years and until his successor is appointed and qualified. Vacancies in the 
board shall be filled for the unexpired term. 

225-A:5 Removal. The appointive members of the board may 
only be removed from office as provided in RSA 4:1. 

225-A:6 Compensation. The appointive members of the board 
shall serve without compensation, but shall be reimbursed for their 
reasonable expenses, incurred in oflficial duties. 

225-A:7 Records. The department of public works and high- 
ways shall provide the board with such office space and clerical assist- 
ance as may be necessary to carry on the work of the board. Said depart- 
ment shall also preserve the records, codes, inspection reports and busi- 
ness records of the board. 

225-A:8 Rules, Regulations and Codes. The board is empowered 
to adopt reasonable rules, regulations and codes relating to public safety 
in the construction, operation and maintenance of passenger tramways. 
The rules, regulations and codes authorized hereunder shall be in accord- 
ance with established standards, if any, and shall not be discrimi- 
natory in their application to operators of passenger tramways. Such 
rules, regulations and codes shall be adopted only after public hearing, 
notice of which shall be published in a newspaper of general circulation 
in the state at least fourteen days before holding such hearing. The 
board shall also give notice of such hearing by registered mail to each 
registered operator at least fourteen days before holding the same. At 
such hearing, the board shall aff"ord any interested person an opportunity 
to present data, views and arguments with respect to the proposed rules, 
regulations or code, either orally or in written form. The board shall 
publish a summary of the text of any such rules, regulations and codes 
adopted by it, together with information as to where the full text of 
the same may be obtained, in a newspaper of general circulation in the 



314 Chapter 254 [1957 

state, and shall also mail copies of the full text of such rules, regulations 
and codes to each registered operator. Such rules, regulations and codes 
shall become effective upon such date subsequent to the publication of 
the summary thereof and the mailing of copies to registered operators, 
as required hereunder, as may be specified by the board therein. The 
foregoing procedure shall be followed by the board in amending or re- 
pealing any of its rules, regulations or codes. 

225-A:9 Declaratory Judgment. The validity or reasonable- 
ness of any rule, regulation or code adopted by the board may be judici- 
ally determined upon a petition to the superior court for declaratory 
judgment, brought within thirty days after the effective date of such 
rule, regulation or code. The court shall hear the petition and render a 
declaratory judgment thereon only when it appears that the rule, regu- 
lation or code or the threatened application thereof, interferes with or 
impairs or threatens to interfere with or impair the legal rights and 
privileges of the petitioner. In rendering judgment the court shall give 
effect to any pertinent constitutional limitations upon the powers of the 
board, the limits of the authority and jurisdiction of the board as con- 
ferred hereunder, and the procedural requirements of this chapter. 

225-A:10 Inspections. The department may make such in- 
spection of the construction, operation and maintenance of passenger 
tramways as the board may reasonably require. The department may, at 
its own expense, employ other qualified engineers to make such in- 
spections. 

225-A:ll Operator to Faj Certain Costs. The expenses in con- 
nection with making inspections under section 10 hereof shall be paid in 
the first instance by the department, provided that each operator shall, 
upon notification by the board of the amount due, reimburse the depart- 
ment for the share of the salary of department personnel engaged in 
making such inspection. The department shall not charge in excess of 
five dollars an hour for the services of its personnel in making such in- 
spections and shall not be entitled to any reimbursement for the travel- 
ing expenses of such personnel. Any reimbursement hereunder shall be 
credited to the special appropriation for the department to be expended 
for the purposes of this chapter. 

225-A:12 Inspection Reports. If, as the result of an inspection, 
it is found that a violation of the board's rules, regulations or code exists, 
or a condition in passenger tramway construction, operation or mainte- 
nance exists endangering the safety of the public, an immediate report 
shall be made to the board for appropriate investigation and order. 

225-A:13 Complaints. Any person may make written com- 
plaint to the board setting forth any thing or act claimed to be done or 
omitted to be done by any registered operator which is alleged to be in 



1957] Chapter 254 315 

violation of any rule, regulation or code adopted by the board, or setting 
forth any condition in passenger tramway construction, operation or 
maintenance which is alleged to endanger the safety of the public. 
Thereupon the board shall cause a copy of said complaint to be for- 
warded to the registered operator complained of, which may be accom- 
panied by an order requiring that the matters complained of be answered 
in writing within a time to be specified by the board. The board may 
investigate the matter complained of if it shall appear to the board that 
there are reasonable grounds therefor. 

225-A:14 Registration Required. No passenger tramway shall 
be operated for hire in this state, or as part of a commercial operation, 
unless the owner thereof has been registered by the board, 

225-A:15 Application for Registi-ation. On or before Septem- 
ber first in each year every operator of a passenger tramway operated 
for hire or as a part of a commercial operation, shall apply to the board, 
on forms prepared by it, for registration hereunder. The application 
shall contain such information as the board may reasonably require. 

225-A:16 Fees. The application for registration shall be accom- 
panied by the following annual fees : For a rope tow, ten dollars ; for a 
T, J bar, or platter pull, twenty-five dollars; for a chair lift, or ski- 
mobile, seventy-five dollars ; and for an aerial tramway, one hundred and 
fifty dollars. Provided, however, that when an operator operates either a 
chair lift, skimobile or aerial tramway during both a winter and summer 
season the annual fee shall be double the above amount for the respective 
lift. 

225-A:17 Registi-ation. The board, if satisfied with the facts 
stated in the application, shall issue a registration certificate to the 
operator. Each registration shall expire on September first next follow- 
ing the date of its issue. 

225-A:18 Fees. All fees collected by the board hereunder shall 
be credited to the special appropriation for the department to be ex- 
pended for purposes of this cliapter. 

225-A:19 Orders. If, after investigation, the board finds that a 
violation of any of its rules, regulations or code exists, or that there is a 
condition in passenger tramway construction, operation or maintenance 
endangering the safety of the public, it shall forthwith issue its written 
order setting forth its findings, the connective action to be taken, and 
fixing a reasonable time for compliance therewith. Such order shall be 
served upon the operator involved by registered mail, and shall become 
final, unless the operator sliall apply to the board for a hearing in the 
manner hereinafter provided. 



316 Chapter 254 [1957 

225-A :20 Hearing. Any such opei-ator, wlio is aggrieved by any 
such order, may, within ten days after the service of such order upon 
him as hereinbefore provided, apply to the board for a review of such 
order. It shall be the duty of the board to hear the same at the earliest 
convenient day. At such hearing the operator shall have the right to be 
heard personally or by counsel, to cross-examine witnesses appearing 
against him, and to produce evidence in his own behalf. After such hear- 
ing the board shall report its findings in writing and make such order 
as the facts may require. 

225-A :21 Appeal. Any such operator, who is aggrieved by any 
such post-hearing order of the board, may, within fourteen days after 
the entry thereof, appeal therefrom, to the superior court. No such 
appeal shall suspend the operation of the order made by the board; pro- 
vided that the superior court may suspend the order of the board pend- 
ing the determination of such appeal whenever, in the opinion of the 
court, justice may require such suspension. The superior court shall 
hear such appeal at the earliest convenient day and shall make such 
decree as justice may require. 

225-A :22 Suspension of Registration. If any such operator 
fails to comply with the lawful order of the board issued under sections 
19 and 20 hereof and witliin the time fixed thereby, the board may 
suspend the registration of such operator for such time as it may con- 
sider necessary for the protection of the safety of the public. 

225-A :23 Penalty. Any operator convicted of operating a 
passenger tramway without having been registered by the board, or 
after his registration has been suspended by the board, shall be fined 
fifty dollars per day for each day of such illegal operations. 

254:2 Appropriations. For the purpose of helping defray the cost 
of administering this act there is appropriated the sum of three thou- 
sand dollars for the fiscal year ending June 30, 1958 and the sum of one 
thousand dollars for the fiscal year ending June 30. 1959. The sums shall 
be deemed a special appropriation, shall be expended by the department 
for the purposes of this act, and any balance of the appropriation for 
one fiscal year shall not lapse but may be expended in the following 
fiscal year. The governor is authorized to draw his warrant for the sums 
hereby appropriated out of any money in the treasury not otherwise 
appropriated. 

254:3 Takes Effect. This act shall take effect upon its passage. 
[Approved July 29, 1957.] 
[Effective date July 29, 1957.] 



1957] Chapters 255, 256 317 

CHAPTER 255. 

AN ACT CHANGING THE NAME OF A POND IN THE TOWN OF MiDDLETON. 

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

255:1 Change of Name. The body of water in the town of Middle- 
ton now known as The Dump shall hereafter be named and known as 
Sunrise Lake. 

255:2 Takes Effect. This act shall take effect upon its passage. 
[Approved July 29, 1957.] 
[Effective date July 29, 1957.] 



CHAPTER 256. 

AN ACT RELATING TO THE EXPIRATION OF VOID MORTGAGES. 

Be it enacted by the Senate a7id House of Representatives in General 
Court convened: 

256:1 Real Estate Mortgages. Amend RSA 479 by adding at the 
end thereof the following new subdivision : 

Limitation on Undischarged Mortgages 
479:28 Void After Fifty Years. From and after January 1, 1960, 
all undischarged mortgages of real estate which shall have been on rec- 
ord for a period of more than fifty years and which attain such age sub- 
sequent to January 1, 1960, shall be void; provided however, that a mort- 
gagee or assignee of such a mortgage may continue the same in its full 
legal effect and priority, for an additional period of fifty years from date 
of such action, by recording at any time within such fifty-year period an 
affidavit signed by the mortgagor and the m.ortgagee or assignee stating 
that the mortgage is not discharged but is still in full force and effect. 
All such mortgages which shall have been on record for a period of more 
than fifty years on or before January 1, 1960, shall become void on Janu- 
ary 1, 1960, unless prior to that date the mortgagee or the assignee of 
such a mortgage shall have recorded an affidavit signed bj^ the mort- 
gagor and the mortgagee or assignee stating that the mortgage is not 
discharged but is still in full force and effect, and upon the recording of 
such an affidavit such mortgage shall retain its full legal effect and 
priority for an additional period of fifty years from the date of sucli 
recording. 

479:29 Exception. The preceding section shall not apply to mort- 
gages held by banks, trust companies, building and loan associations and 



318 Chapters 257, 258 [1957 

federal savings and loan associations, whether as named mortgagee or 
assignee of record. 

256:2 Takes Effect. This act shall take effect sixty days after its 
passage, 
[Approved July 29, 1957.] 

[Effective date September 27, 1957.] 



CHAPTER 257. 

AN ACT RELATIVE TO CONTRACTS FOR PROJECTS FOR THE FISH AND GAME 

DEPARTMENT AND THE RECREATION DIVISION OF THE FORESTRY 

AND RECREATION COMMISSION. 

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

257:1 Contracts for Fish and Game and Recreation Projects. 

Amend RSA 228:4 by inserting after paragraph I of said section the 
following new paragraph : I-a. Notwithstanding the provisions of para- 
graph I projects for the fish and game department or for the recreation 
division of the forestry and recreation commission, in excess of ten thou- 
sand dollars and not more than fifty thousand dollars, may be done on a 
force account basis upon recommendation of the public works and high- 
way commissioner that such procedure is in the best interests of the 
state, with the approval of the governor and council. 

257:2 Takes Effect. This act shall take effect upon its passage. 
[Approved July 29, 1957.] 
[Effective date July 29, 1957.] 



CHAPTER 258. 



AN ACT RELATIVE TO EXAMINATION OF BANKS BY BANK 
COMMISSIONER. 

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

258:1 Joint Examination. Amend RSA 383 by inserting after 
section 9 the following new section: 383:9-a Joint Examination. The 

commissioner is authorized to arrange for a joint examination by his 
department and the Federal Deposit Insurance Corporation of those in- 
stitutions which are members of the Federal Deposit Insurance Corpora- 
tion in lieu of examinations exclusively by his department. 

258:2 Verification of Deposit Book. Amend RSA 386:21 by strik- 
ing out said section and inserting in place thereof the following new 



1957] Chapter 259 319 

section: 386:21 Verification. There shall be a verification conducted 
by the commissioner of the individual deposit books of the depositors 
of every savings bank and of the due books of the shareholders of every 
building and loan association with the books of the bank or association, 
and a trial balance made of the depositors' ledgers of such bank or asso- 
ciation, at any time and from time to time in such manner that sub- 
stantially all savings accounts and due books of depositors and share- 
holders shall be verified at least once in every five years. Every such 
bank and association shall pay to the state one half the expense of such 
verification upon notice from the commissioner of the amount due. 

258:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 29, 1957.] 
[Effective date September 27, 1957.] 



CHAPTER 259. 



AN ACT RELATIVE TO ACQUISITION OF RECREATIONAL AREA IN 
MONADNOCK AREA. 

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

259:1 Commission Established. There shall be a commission of 
nine members appointed as follows, whose duty it shall be to make a 
study of the Monadnock area with a view to the establishment of a state 
park for the purpose of providing 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 four members shall be designated 
by the governor. Only those persons who are residents of the Monad- 
nock area shall be eligible for appointment to said commission, provided 
that two of the persons appointed by the governor may be from any 
other section of the state. 

259 :2 Powers and Duties. Said commission shall consider and in- 
vestigate such sites for recreational areas as may be found which would 
reasonably be self-supporting ; in such consideration the commission shall 
first investigate the properties around Otter brook. 

259:3 Compensation. The members of said commission shall 
serve without compensation. 

259:4 Report; Acquisition of Site. If the commission is of the 
opinion that an area can be developed in the Monadnock area, as above 
indicated, which may be purchased within the limits of the appropri- 



320 Chapter 260 [1957 

ation provided in section 5, it shall recommend to the governor and 
council that the state acquire the site so recommended. The governor 
and council may acquire the site so recommended and provide for im- 
provements thereon. When the area has been acquired and improved it 
shall be maintained under the jurisdiction of the recreation division of 
the forestry and recreation commission. 

259:5 Appropriation. The unexpended balance of the appropri- 
ation of $250,000 for acquisition of land and improvements thereon at 
Spofford Lake as provided by section 2, chapter 337, Laws of 1955, is 
made available and may be expended for the acquisition of lands and im- 
provement thereon at the recreational site in the Monadnock region as 
acquired under the authority of this act. This site in the Monadnock 
region is acquired under the authority of this act. This unexpended 
balance shall be a continuing appropriation and shall not lapse. 

259:6 Takes Effect. This act shall take effect upon its passage. 
[Approved July 29, 1957.] 
[Effective date July 29, 1957.] 



CHAPTER 260. 



AN ACT RELATIVE TO REPAIR OF TOWN HIGHWAYS AND TO PROVIDE FOR 

DISPOSAL OF CERTAIN RECORDS OF THE PUBLIC WORKS 

DEPARTMENT. 

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

260:1 Repair of Town Highways. Amend RSA 247 by inserting 
after section 16 the following new section: 247:16-a Limitation. Not- 
withstanding any other provisions of this subdivision no town receiving- 
aid under RSA 241 :11 as amended by 1955, 311 : 3, shall be chargeable for 
repair of town highways as determined by the county commissioners, 
nor shall any judgment be entered therefor, in an amount which shall 
exceed one fortieth of the amount of town funds appropriated by said 
town at the preceding annual meeting for maintenance of all town 
highways therein. Any cost of repairs as ordered by the county com- 
missioners hereunder in excess of the amounts chargeable to the town 
shall be a charge on the funds of the county wherein said town is located. 

260:2 Disposal of Papers. Amend RSA 229:17 by striking out 
said section and inserting in place thereof the following: 229:17 Dis- 
posal of Papers. The commissioner may destroy any labor returns and 
bills against the state highway department which have been on file in 
his office for more than six years and which, in his opinion, are no longer 
of any value to the state. The commissioner may also destroy any forms, 



1957] Chapter 261 321 

letters, papers, checks, reports and the like of the state highway de- 
partment which have been photostated, microfilmed, or reproduced by 
any similar methods. Said reproduced forms, letters, papers, checks, re- 
ports and the like shall be admissible in evidence in any court of this 
state in the same manner as the original forms, letters, papers, reports, 
checks and the like. 

260:3 Takes Effect. This act shall take effect upon its passage. 
[Approved July 29, 1957.] 
[Effective date July 29, 1957.] 



CHAPTER 261 

AN ACT RELATIVE TO RIGHTS OF SURVIVING HUSBAND AND WIFE. 

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

261:1 Rights of Surviving Spouse. Amend paragraph III of RSA 
560:10 by inserting after the word "him" in the first line the words, but 
does leave mother or father or sister or brother surviving him, so that 
said paagraph as amended shall read as follows : III. If intestate and 
he leaves no issue surviving him, but does leave mother or father or 
sister or brother surviving him, ten thousand dollars of the value there- 
of, and also one half in value of the remainder above said ten thousand 
dollars. 

261:2 Widow, Personalty. Amend RSA 560:10 by inserting after 
paragraph III the following new paragraph: IV. If intestate, and he 
leaves no issue surviving him, nor mother or father, nor sister or brother 
surviving him, ten thousand dollars of the value thereof, plus two thou- 
sand dollars for each full year from the date of marriage to decease of 
spouse, and also one half in value of the remainder above said sum com- 
puted as above. 

261:3 Widow, Real Estate. Amend paragraph III of RSA 560:11 
by inserting after the word "him" in the first line the words, but does 
leave mother or father or sister or brother surviving him, so that said 
paragraph as amended shall read as follows: III. If intestate, and he 
leaves no issue surviving him, but does leave mother or father or sister 
or brother surviving him, ten thousand dollars of the value thereof, 
and also one half in value of the remainder above said ten thousand 
dollars; and the same shall be assigned to her in the same manner as 
dower is assigned. But where the inventory value of all his real estate 
does not exceed ten thousand dollars she shall be entitled to the whole 
of said remainder and no assignment of the same to her shall be re- 
quired unless some party in interest shall petition the probate court 
therefor. 



322 Chapter 261 [1957 

261:4 Special Cases. Amend RSA 560:11 by inserting- after para- 
gi^aph III the following new parag^raph : IV. If intestate, and he leaves 
no issue surviving him, nor mother or father, nor sister or brother sur- 
viving him, ten thousand dollars of the value tliereof, plus two thou- 
sand dollars for each full year from the date of marriag-e to decease of 
spouse, and also one half in value of the remainder above said sum com- 
puted as above; and the same shall be assigned to her in the same 
manner as dower is assigned. But where the inventory value of all his 
real estate does not exceed ten thousand dollars she shall be entitled to 
the whole of said remainder and no assignment of the same to her shall 
be required unless some party in interest shall petition the probate 
court therefor. 

261:5 Husband, Personalty. Amend paragraph III of RSA 560:12 
by inserting after the word "her" in the first line the words, but does 
leave mother or father or sister or brother surviving her, so that said 
paragraph as amended shall read as follows : III. If intestate, and she 
leaves no issue surviving her, but does leave mother or father or sister 
or brother surviving her, ten thousand dollars of the value thereof, and 
also one half in value of the remainder above said ten thousand dollars. 

261:6 Special Cases. Amend RSA 560:12 by inserting after para- 
graph III the following new paragraph: IV. If intestate, and she 
leaves no issue surviving her, nor mother or father, nor sister or brother 
surviving her, ten thousand dollars of the value thereof, plus two thou- 
sand dollars for each full year from the date of marriage to decease of 
spouse, and also one half in value of the remainder above said sum as 
computed above. 

261 :7 Husband, Real Estate. Amend paragraph IV of RSA 560 : 13 

by inserting after the word "her" in the first line, but does leave mother 
or father or sister or brother surviving her, so that said paragraph as 
amended shall read as follows: IV. If intestate, and she leaves no 
issue surviving her, but does leave mother or father or sister or brother 
surviving her, ten thousand dollars of the value thereof, and also one 
half in value of the remainder above said ten thousand dollars : and the 
same shall be assigned to him in the same manner as dower is assigned 
to a widow. But where the inventory value of all her real estate does not 
exceed ten thousand dollars he shall be entitled to the whole of said re- 
mainder and no assignment of the same to him shall be required unless 
some party in interest shall petition the probate court therefor. 

261:8 Special Cases. Amend RSA 560:13 by inserting after para- 
graph IV the following new paragraph : V. If intestate, and she leaves 
no issue surviving her, nor mother or father, nor sister or brother sur- 
viving her, ten thousand dollars of the value thereof, plus two thousand 
dollars for each full year from the date of marriage to decease of spouse, 



1957] Chapter 262 323 

and also one half in value of the remainder above said sum computed as 
above; and the same shall be assigned to him in the same manner as 
dower is assigned to a widow. But where the inventory value of all her 
real estate does not exceed ten thousand dollars he sliall be entitled to 
the whole of said remainder and no assignment of the same to him shall 
be required unless some party in interest sliall petition the probate court 
therefor. 

261:9 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 29, 1957.] 
[Effective date September 27, 1957.] 



CHAPTER 262. 

AN ACT ESTABLISHING THE NEW HAMPSHIRE STATE PORT AUTHORITY. 

Be it enacted by the Senate and House of Repr-esentatives in General 
Court convened: 

262:1 New Chapter. Amend RSA by inserting after chapter 271 
the following new chapter: 

Chapter 271-A 
New Hampshire State Port Authority 

271-A :1 Authority EstabUshed. There shall be a New Hamp- 
shire State Port Authority, consisting of and governed by a board of 
seven members, five of whom shall be appointed by the governor, with 
the advice and consent of the council. At least three of said appointive 
members shall be residents of the cities and towns of the seacoast region 
or tidal waters and each shall serve for a term of five years, providing 
that of the first appointments hereunder one shall be appointed for a 
term of one year, one for a term of two years, one for a term of three 
years, one for a term of four years and one for a term of five years. Said 
members shall serve until their successors are appointed and qualified. 
Any vacancy occurring in the membership of the appointive members 
shall be filled by the governor and council for the unexpired term. In 
addition to the five appointive members the following officers shall be, 
by virtue of their offices, members of said board : the executive director 
of the planning and development commission, and the executive secre- 
tary of the seacoast regional development association. The board shall 
elect one of its members as a chairman, and one as a vice-chairman. The 
executive secretary of the seacoast regional development association 
shall act as secretary. The members of the board shall receive no com- 
pensation for their services; but their reasonable expenses, incurred in 
the performance of their duties, shall be paid by the state. The board 



g24 Chapter 262 [1957 

shall have the right to adopt a common seal and to alter same, and to 
establish by-laws and regulations for the management of its affairs 
within the meaning of this chapter and the laws of the state. The board 
shall have its principal place of business in Portsmouth, New Hamp- 
shire. 

271-A:2 Purposes. The New Hampshire state port authority, 
in cooperation with the state planning and development commission, 
shall : 

I. Plan for the maintenance and development of the ports, 
harbors and navigable tidal rivers of the state of New Hampshire from 
the head of navigation to the seaward limits within the jurisdiction of 
the state, in order to foster and stimulate commerce and the shipment 
of freight through the state's ports and. as an agency of the state, to 
assist shipping, and commercial and industrial interests that may depend 
on the sea for transport of products, including such interests as may be 
desirous of locating in tidewater areas of the state; as well as to en- 
courage the establishment of accommodations for the boat traveller, 
the area boat owners, the pleasure fishermen, and others who pass up 
and down our coast line or in its tributaries; 

H. Aid in the development of salt water fisheries and asso- 
ciated industries; 

HI. Cooperate with any agencies or departments of the federal 
government in planning the maintenance, development and use of the 
state ports, harbors, and navigable tidal rivers; 

271-A:3 Powers and Duties. In order to enable it to carry out 
the purposes hereof, the authority shall : 

I. Have the authority to make all necessary arrangements 
with other port authorities of other states and federal departments and 
agencies for the interchange of business, and for such other purposes as 
will facilitate and increase the commerce of the ports, harbors, and tidal 
navigable rivers of the state ; 

H. Establish offices for the transaction of its business at such 
places as, in the opinion of the authority, shall be advisable and neces- 
sary in carrying out the purpose hereof; 

HI. Be authorized and empowered to appoint and compensate 
harbor masters at Hampton, Rye, New Castle, Portsmouth, and New- 
ington who will enforce the directives of the authority, such as the 
placement of moorings, the assignment of anchorage areas and the move- 
ment of traffic ; 

IV. Be attached, for administrative purposes only, to the state 
planning and development commission which shall be authorized and 
empowered to pay all necessary costs and expenses involved in and in- 
cident to the formation and organization of said authority, and incident 
to the administration and operation thereof. 



1957] Chapter 262 325 

271-A:4 Rules and Reflations. Said authority may make such 
ordinances, rules and regulations touching port captains, pilots and 
pilotage, harbors and harbor masters, for the harbors of the state as it 
may deem proper and from time to time may modify, rescind or alter 
the same. Said rules and regulations shall have the force and effect of 
law. Said authority shall fix tlie fees of pilotage and a table of such fees 
shall be attached to the commission of each pilot. The fees as previously 
established and in force at the effective date of this chapter shall con- 
tinue until the authority shall otherwise order. 

271-A:5 Pilots. The authority may prescribe the qualifications 
of pilots, and from time to time appoint and commission, under its hand 
and seal, as many pilots as it may judge necessary, and remove the same 
at pleasure ; and it shall take from them such security, by bond or other- 
wise, as it may deem proper. 

271-A:6 Authority of Pilot. Any pilot appointed by the author- 
ity who has given security for tlie faithful discharge of his duties, m.ay 
take charge of any vessel, except pleasure, coasting and fishing vessels 
of United States registry of one hundred and fifty registered or enrolled 
tons and under, and except as provided in section 7, and shall pilot such 
vessel into or out of the river and harbor of the Piscataqua, first show- 
ing to the master thereof his appointment, if requested. 

271-A:7 Fee o^n Offer. Any master or owner may pilot his own 
vessel into and out of the Piscataqua river and harbor; but if a pilot 
shall speak and offer service to a vessel, excepting registered or enrolled 
vessels of the United States, bound into said river or harbor, south of a 
line drawn east and west from Whale's -back lighthouse, or shall offer 
service to a vessel bound out of said river and harbor, excepting regis- 
tered or enrolled vessels of the United States, before they leave the 
wharf, he shall be entitled to one half of the fees specified in his warrant 
in case the master or ovvTier declines to employ him, and, on refusal of 
payment, may sue for and recover the same. 

271-A :8 Harbor-Masters. The harbor masters appointed by the 
authority shall have authority, under the supervision of the authority, 
to oversee the harbor for which he was appointed master, to preserve 
and regulate navigation within said waters, to assign moorings, require 
the same to be kept in safe condition, to require the removal of vessels 
if necessity or an emergency arises, and to inquire into and prosecute all 
offenses occurring within his jurisdiction and to perform such duties and 
enforce such regulations as the authority shall prescribe. 

271-A :9 Penalty. Whoever violates any of the rules or regu- 
lations of the authority promulgated under the authority of this chap- 
ter, or refuses or neglects to obey the lawful and reasonable orders of a 
harbor-master, or resists him in the execution of his duties, shall be 



326 Chapter 262 [1957 

fined not more than fifty dollars. All fines collected under the provisions 
of this section shall be forwarded to the port authority and by it applied 
to the salaries of the harbor-masters. 

271-A:10 Definition. The word "vessel" as used in this chapter 
shall include boats of all sizes propelled by sail, machinery or hand, 
scows, dredgers, shellfish cars and craft of every kind. 

271-A:11 Authorization to establish Foreign Trade Zones and 
Free Port Areas. 

I. Said authority shall be and hereby is authorized to make 
application to the Secretary of Commerce of the United States for the 
purpose of establishing, operating- and maintaining foreign-trade zones 
in the area herein described, under the act of Congress passed at the 
second session of the 73rd Congress, providing for the establishment, 
operation and maintenance of foreign-trade zones in ports of entry of 
the United States, to expedite and encourage foreign commerce, and for 
other purposes. 

II. Said authority shall have full power and authority to select 
and describe the location of the zone for which application to establish 
may be made and to make such rules and regulations concerning the 
operation, maintenance and policing of same as may be necessary to 
comply with the Act of Congress creating said foreign-trade zones, or 
as may be necessary to comply with such rules and regulations, made in 
accordance with the Acts of Congress, relating to foreign-trade zones. 

III. Said authority shall have full power and authority to 
lease the right and/or erect, maintain and operate any structures or 
buildings or enclosures as may be necessary or proper for the establish- 
ing and operating any such foreign-trade zones that might be established 
in the area herein described under and by virtue of said act of the second 
session of the 73rd Congress. 

IV. The authority hereby granted to said New Hampshire 
State Port Authority confers on said port authority the right and duty 
to do all things necessary and proper to carry into effect the establish- 
ing, maintaining and operating of foreign-trade zones within the area 
herein described to comply in full with the provisions of said Act of 
Congress, and all regulations that might be made thereunder. 

V. The New Hampshire State Port Authority shall have the 
power and the duty to establish an area in and around the ports, harbors, 
and navigable tidal rivers of the state of New Hampshire wherein per- 
sonal property in transit shall be exempt from the provisions of the 
stock-in-trade tax and such other taxes and customs as are normally 
levied in a port of entry. For the purpose of this section personal property 
in transit through the areas established by the port authority is defined 
as follows: goods, wares, and merchandise which is (1) moving in inter- 



1957] Chapter 263 327 

state or international commerce through or over the areas hereinbefore 
estabhshed, or (2) which was consigned to a warehouse, public or 
private, within the state, from outside the state of New Hampshire, 
whether specified when transportation begins or afterward. Such prop- 
erty shall not be deprived of exemption because while in the ware- 
house the property is assembled, bound, joined, processed, disassembled, 
divided, cut, broken in bulk, relabeled or repackaged. The exemption 
granted shall be liberally construed to effect the purposes of this act. 
Provided, however, that the warehouse in which said goods, w^ares or 
merchandise be stored be not owned, in whole or in part, by either the 
consignee or consignor. 

271-A:12 Severability. If any provision of this chapter shall be 
held invalid the remainder of the chapter shall not be affected thereby. 

262:2 Transfer of Funds. The balance of any funds made under 
the authority of RSA 12:11 for the use of the Port of Portsmouth 
Advisory Committee is hereby transferred to and made available for ex- 
penditure by the port authority established by RSA 271-A. 

262:3 Repeal. RSA 12:10 and RSA 12:11 relative to the Port of 
Portsmouth Advisory Committee are hereby repealed except as to the 
appropriation thereunder which is hereinabove transferred. The Port of 
Portsmouth Advisory Committee is hereby abolished. Sections 1 to 7, in- 
clusive of RSA 271 and sections 10 to 16, inclusive of RSA 271, relative to 
pilots and harbor masters are hereby repealed. 

262 :4 Takes Effect. This act shall take effect as of September 1, 
1957. 

[Approved July 31, 1957.] 
[Effective date September 1, 1957.] 



CHAPTER 263. 



AN ACT RELATIVE TO THE SALARY OF THE HILLSBOROUGH COUNTY 

SOLICITOR. 

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

263:1 Hillsborough County. Amend RSA 7:35 as amended by 
1955, 247:2, 1957, 34:1, 1957, 211:1 by striking out the word ^'thirty- 
three" in the eighth line and inserting in place thereof the word, thirty- 
eight, so that said section as amended shall read as follows: 7:35 
Salaries. The annual salaries of the solicitors in the several counties 
shall be as follows : 

In Rockingham, twenty-two hundred dollars. 



328 Chapter 264 [1957 

In Strafford, twenty-five hundred dollars. 

In Belknap, two thousand dollars. 

In Carroll, two thousand dollars. 

In Merrimack, twenty-five hundred dollars. 

In Hillsborough, thirty-eight hundred dollars. 

In Cheshire, two thousand dollars. 

In Sullivan, two thousand dollars. 

In Grafton, twenty-four hundred dollars. 

In Coos, twenty-four hundred dollars. 

263 :2 Takes Effect. The increase in salary for the Sullivan County 
solicitor shall be effective as of January 1, 1958. The remaining provisions 
of this act shall take effect upon its passage. 
[Approved August 1, 1957.] 
[Effective date: 

Sullivan County January 1, 1958.] 

Remainder of Act August 1, 1957.] 



CHAPTER 264. 



AN ACT ESTABLISHING A STATE COUNCIL ON THE PROBLEMS OF 

THE AGING. 

Be it ermcted bij the Senate and House of Representatives in General 
Court convened: 

264:1 New^ Chapter. Amend RSA by inserting after chapter 167 
the following new chapter : 

Chapter 167-A 
State Council on Problems of the Aging 
167-A :1 Council Established. There shall be a state council on 
problems of the aging to consist of eleven members as follows: The 
governor shall appoint four members of the council each for a term of 
four years, provided that of the first appointments hereunder one shall 
be appointed for a term of one year, one for a term of two years, one 
for a term of three years, and one for a term of four years. Said mem- 
bers shall hold office until their successors are appointed and qualified 
and vacancies shall be filled for the unexpired term. In addition thereto 
there shall be one member appointed by the president of the senate and 
one member appointed by the speaker of the house of representatives, 
said two members to hold office for term for which each is elected. Of the 
six appointed members at least two shall be the age of sixty or over at 
the time of their appointment. The additional five members of the coun- 
cil shall be the following officials, namely, the commissioner of public 
welfare, the commissioner of education, the director of employment 



1957] Chapter 264 329 

security, the state health officer, and the director of university extension 
service. In case any of the ex-officio members are unable to serve in said 
capacity he may appoint a representative from his department to serve 
as a member of the council. 

167-A:2 Organization. The governor shall name one member 
of the council to act as chairman. His term of office as chairman shall be 
for two years. Said chairman shall call the first m.eeting of the council 
within three months from the effective date of this chapter. At said 
organization meeting the council shall elect a clerk. 

167-A:3 Meetings. The council shall meet no less than once in 
each three month period. 

167-A :4 Compensation. The members of the council shall serve 
without compensation but the legislative and non-ex-officio members may 
be reimbursed for any necessary traveling expenses, within the limits 
of the appropriation made therefor. 

167-A :5 Reports. The council shall make a report of its doings 
at least biennially to the governor and to each regular session of the 
legislature. 

167-A :6 Duties. The commission shall study and assess exist- 
ing knowledge and problems related to the aging with a view to de- 
termining what steps can be taken to provide a better integTation of the 
older group of persons in the social and economic life of the state. In 
carrying out its functions the council shall solicit the cooperation and 
help of the various professional business and labor gi'oups, as well as all 
other groups which are concerned with the problem for the purpose of 
obtaining their views, experience, and assistance in providing direction 
for future planning and such legislative action as m.ay be necessary. The 
council shall cooperate with state and local bodies to obtain information, 
suggestions and statistics for the purposes of this chapter. 

264:2 Appropriation. The sum of five hundred dollars is hereby 
appropriated for the purposes of the council on problems of the aging, 
and the governor is authorized to draw his warrant for said sum out of 
any money in the treasury not otherwise appropriated. 

264:3 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved August 1, 1957.] 
[Effective date July 1, 1957.] 



330 Chapters 265, 266 [1957 

CHAPTER 265. 

an act relative to change of classification of roads in 

Bethlehem. 

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

265:1 Roads in Bethlehem. The Class II highway known as Tru- 
deau Road between U.S. 3 and Route U.S. 302 and the Class II highway 
known as the Bethlehem Hollow to Bethlehem Junction Road shall here- 
after be classified as Class V Highways. 

265:2 Transfer of Funds. The sum that has been apportioned by 
the state for the construction of the above named roads as secondary 
hig-hways together with the amount contributed by the town shall be 
transferred to the town road aid account for the town of Bethlehem and 
made available for expenditure on these highways and expended under 
the supervision of the commissioner of public works and highways. 

265:3 Effective Date. This act shall take effect upon its passage. 
[Approved August 1, 1957.] 
[Effective date August 1, 1957.] 



CHAPTER 266. 



AN ACT RELATIVE TO PAYMENT FOR CLAIMS FOR DAMAGES DUE TO ACTIVITIES 
OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS. 

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

266:1 Commission of Public Works and Highways. Amend RSA 
229 by inserting after section 8 the following new section: 229:8-a 
Small Claims. With the approval of the governor and council the com- 
missioner may use the funds accruing to his department for the pay- 
ment of small claims occasioned by accidents due to the activities of his 
department. No such claim shall be paid to any one person in an amount 
of over one hundred and fifty dollars. Any person claiming damage due 
to the activities of the department of public works and highways in an 
amount of less than one hundred and fifty dollars may make application 
to the commissioner for payment thereof. Said application shall be filed 
within sixty days of the date of the accident. If the commissioner upon 
investigation is of the opinion that the damage was caused because of 
activities of the department he shall submit his recommendation to the 
governor and council for approval. 

266 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 1, 1957.] 
[Effective date August 1, 1957.] 



1957] Chapter 267 331 

CHAPTER 267. 

AN ACT RELATIVE TO FISHING, SALE OF BAIT, AND HUNTING AND FISHING 
LICENSES FOR MEMBERS OF THE ARMED FORCES AND MILITARY 

PERSONNEL. 

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

267:1 Fishing on Reclaimed Ponds. Amend RSA 211:13-a (supp) 
as inserted by 1955, 106:1 by striking out the words "and Mirror Lake 
in the town of Whitefield" so that said section as amended shall read as 
follows: 211:13-a Spinners. No person shall use a spinner or spin- 
ners, total combined 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. Whoever violates am^ of the provisions of this section 
shall be fined twenty-five dollars and the director shall suspend his fish- 
ing license for a period of one year. The provisions of this section shall 
not be construed as aff'ecting fly fishing in regular ponds. 

267 :2 Fresh Water Smelt. Amend RSA 214 :34 by inserting at the 
end thereof the words, provided, however, that the provisions of this 
section and section 35 shall not apply to the sale or offer for sale of pre- 
served smelt, so that said section as amended shall read as follows: 
214:34 License Required. No person shall sell or offer to sell fresh 
water smelt for bait without first procuring a license so to do and the 
fee for such license shall be five dollars; provided, however, that the pro- 
visions of this section and section 35 shall not apply to the sale or offer 
for sale of preserved smelt. 

267:3 Resident Members Armed Forces. Amend RSA 214:3 
(supp) as amended by 1955, 100:1 by striking out said section and in- 
serting in place thereof the following: 214:3 Member of Armed 
Forces. Any resident of this state who is on regular active duty with 
any branch of the armed forces of the United States, and who was a legal 
resident prior to entry into said armed forces, may make application to 
the director of the fisli and game department or his agent for a special 
license to hunt and fish. Such applicant shall submit satisfactory 
evidence of his residence and membership in sucli service of the United 
States, and the director or his agent, may in his discretion 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 XVIII 
of the Revised Statutes Annotated, 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. 

267:4 Licenses for Military Personnel. Amend RSA 214 :4 (supp) 
as amended by 1955, 100:2 by striking out said section and inserting in 



332 Chapter 268 [1957 

place thereof the following: 214:4 Military Personnel. Military personnel 
and their dependents permanently stationed at military bases within the 
state are eligible to purchase hunting and fishing licenses at the same fee 
as is charged a legal resident of the state. These licenses are to be issued 
only at military installations within the state or from the fish and game 
department headquarters. Military personnel who are guests of resi- 
dents of the state are also eligible to purchase hunting and fishing 
licenses at the same fee as is charged a legal resident of the state, these 
licenses to be issued by the fish and game department or their agents. 
Such licenses for nonresident servicemen shall have stamped thereon 
"nonresident servicemen's license." 

267:5 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved August 1, 1957.] 
[Effective date September 30, 1957.] 



CHAPTER 268. 



AN ACT RELATIVE TO A CERTAIN HIGHWAY IN THE TOWNS OF LINCOLN, 
LiVERMORE, WATERVILLE, ALBANY AND CONWAY. 

Be it enacted by the Senate and House of Rep7-esentatives in General 
Court convened: 

268:1 Highway Classified. The Federal Forest Highway, known 
as the New Hampshire Forest Highway 8, in the towns of Lincoln, 
Livermore, Waterville, Albany and Conway, shall hereafter be classified 
as a class II highway. 

268:2 Maintenance; Completed Portions. Upon the completion 
and surfacing to the satisfaction of the commissioner of public works 
and highways, the department of public works and highways shall 
assume the maintenance of the completed portions. 

268:3 Maintenance; Uncompleted Portions. The department of 
public works and highways shall not maintain the uncompleted portions. 

268:4 Takes Effect. This act shall take effect upon its passage. 
[Approved August 1, 1957.] 
[Effective date August 1, 1957.] 



1957] Chapters 269, 270 SS3 

CHAPTER 269. 

AN ACT RELATIVE TO THE SALARIES OF THE JUDGES OF THE PROBATE COURTS. 

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

269:1 Judges of Probate. Amend PvSA 547:22 by striking out said 
section and inserting in place thereof the following: 547:22 Salaries. 
The annual salaries of the judges in the several counties shall be paid by 
the state, and shall be as follows : 

In Rockingham, three thousand seven hundred dollars. 

In Strafford, three thousand five hundred dollars. 

In Belknap, three thousand dollars. 

In Carroll, three thousand dollars. 

In Merrimack, three thousand seven hundred dollars. 

In Hillsborough, four thousand six hundred dollars. 

In Cheshire, three thousand dollars. 

In Sullivan, three thousand dollars. 

In Grafton, three thousand five hundred dollars. 

In Coos, three thousand dollars. 

269 :2 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved August 1, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 270. 



AN ACT RELATING TO PURCHASE OF LIABILITY INSURANCE UNDER 

A FLEET POLICY. 

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

270:1 Duties of Director of Purchase and Property. Amend para- 
graph IX of RSA 8:19 by striking out said paragraph and inserting in 
place thereof the following: IX. After consultation with, and approval 
by, the board of approval as established by RSA 93:2, purchase liability 
insurance under a fleet policy covering the operation of state owned 
vehicles, and such other insurance and surety bonds as any state de- 
partment, agency or official may now or hereafter be legally authorized 
to secure, or required to furnish; provided that approval shall not be 
granted for any such insurance or surety bonds unless the same have 
been negotiated for, are procured from and the premium therefor is to be 
paid to a resident agent of an insurance company registered and licensed 
to do business in this state. No such insurance company or resident 
agent, personally or by another, shall allow, give or pay, directly or in- 



334 Chapters 271, 272 [1957 

directly, to any nonresident agent or nonresident broker any part of the 
commission on the sale of such insurance or surety bonds. The insurance 
commissioner may suspend or revoke the license of any resident ag'ent or 
insurance company violating- the provisions hereof. 

270:2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 1, 1957.] 
[Effective date August 1, 1957.] 



CHAPTER 271. 

AN ACT RELATIVE TO THE SALE OF THE BERLIN ARMORY. 

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

271:1 Authority. The governor and council are hereby authorized 
to sell at private sale the Berlin Armory to the city of Berlin for munici- 
pal purposes at such price as they may determine to be fair and equita- 
ble as soon as same is vacated by the National Guard of the state of New 
Hampshire to occupy the new armory in the city of Berlin. 

271:2 Takes Effect. Tliis act shall take effect upon its passage. 
[Approved August 1, 1957.] 
[Effective date August 1, 1957.] 



CHAPTER 272. 



AN ACT RELATIVE TO MILEAGE ALLOWANCE FOR MEMBERS OF THE 

GENERAL COURT. 

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

272:1 General Court. Amend RSA 14:15 (supp) as amended by 
1955, 228:1 by striking out the word "fifteen" in the fourth line and in- 
serting in place thereof the word, twenty, so that said section as 
amended shall read as follows: 14:15 Travel Allowance to Members. 
A member of the general court shall be allowed for mileage per mile of 
the round trip to and from his town or city ward each day of attendance 
at the following rates, for the first forty-live miles thereof twenty cents 
per mile, for the next twenty-five miles eight cents per mile, for the next 
twenty-five miles six cents per mile, and for all miles in excess of ninety- 
five miles five cents per mile. In case said round trip is less than one mile, 
the mileage allowance shall be computed on the basis of one mile. Each 
member of the house of representatives shall present evidence of his 
attendance by signing in person the roll provided for that purpose and 



1957] Chapter 27S 335 

by complying- with such other regulations with respect thereto as the 
house may from time to time adopt. Any member of the general court 
absent for any cause from such attendance shall not be allowed mile- 
age for the day he is so absent. 

272:2 New Mileage Table to be Presented to the 1959 General 
Court. The department of public works and highways is hereby directed 
to determine the distance by the nearest improved highway from each 
polling- place in the state to the state house in Concord. On or before 
December 1, 1958, said department shall file with the secretary of state 
the draft of a bill setting forth said distances as determined by said de- 
partment and proper amendments to RSA 14:15, 14:16 and 14:17 to 
provide that a member of the general court shall be allowed for mileage 
per mile of the round trip to and from the polling place in his respective 
town or ward at which he was entitled to vote at the biennial election 
next prior to the respective session of the general court. The secretarj^ of 
state, after the proposed bill has been put in proper form by the draft- 
ing service in the office of the attorney general, shall cause to be printed 
eleven hundred copies of said bill and shall, on the second day of the 
1959 session, file with the clerk of the house of representatives the 
original bill relative to mileage together with all undistributed copies of 
said bill. 

272:3 Takes Effect. This act shall take effect as of January 1, 
1957. 

[Approved August 2, 1957.] 
[Effective date January 1, 1957.] 



CHAPTER 273. 



AN ACT RELATIVE TO MOTOR VEHICLE ROAD TOLLS AND TO MAINTENANCE 
ALLOTMENT BY STATE FOR CLASS IV AND V HIGHW^AYS. 

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

273:1 Motor Vehicle Road Tolls. Amend USA 265 by inserting 
after section 5 the following new section: 265:5-a Additional Toll. In 

addition to the motor vehicle road tolls now imposed pursuant to the 
provisions of section 4 hereof and the supplemental road toll now im- 
posed pursuant to the provisions of section 5 hereof an additional road 
toll of one cent per gallon is hereby imposed, for a period of forty-eight 
months beginning September 1, 1957, for the purposes of this chapter. 
During the said period of forty-eight months the motor vehicle road tolls 
of this state shall total six cents per gallon. 



336 Chapter 274 [1957 

273:2 Uses. Amend RSA 265:6 by striking out the words "under 
Laws of 1951, chapter 89, or under any previous act pertaining to high- 
way construction" and inserting in place thereof the words, pertaining to 
highway purposes, so that said section as amended shall read as follows : 
265:6 Use of Tolls. The road tolls shall be used initially to pay the 
interest and principal due on any bonds and notes issued pertaining to 
highway purposes, and the remainder shall be paid into the highway 
fund. 

273:3 Town Road Aid. Amend subsection (a) of RSA 241:2 

(supp) as amended by 1955, 333:3 by striking out the words "nine hun- 
dred thousand dollars" and inserting in place thereof the words, one 
million, one hundred thousand dollars, so that said subsection as amended 
shall read as follows: (a) Apportionment A. Tlie commissioner shall 
apportion, on the basis of a sum of not less than one million one hundred 
thousand dollars, to each city, town and unincorporated 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 unin- 
corporated place as of January 1 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 IV and Class V high- 
ways may apply any part of the funds herein apportioned, for a period 
not to exceed five years or with the approval of t'le commissioner for a 
period not to exceed ten years, to aid in the retirement of such bonds or 
notes. 

273:4 Takes Effect. The provisions of this act shall take effect as 
of September 1, 1957. 

[Approved August 2, 1957.] 
[Effective date September 1, 1957.] 



CHAPTER 274. 



AN ACT PROVIDING FOR SALARIES OF CLASSIFIED STATE EMPLOYEES 
AND SALARIES OF UNCLASSIFIED STATE OFFICIALS. 

Be it enacted by the Senate and House of Rep)'csentatives in General 
Court convened: 

274:1 Classified State Employees. Amend RSA 99:1 by striking 
out said section and inserting in place thereof the following: 99:1 
Salaries Established. The salary ranges for all classified state employ- 
ees shall be established as follows : 



1957] 





Chapter 274 


oorr 




Minimum 


Maximum 


Salary grade 1 


$2200 


$2560 


Salary grade 2 


2290 


2650 


Salary grade 3 


2380 


2740 


Salary grade 4 


2440 


2920 


Salary grade 5 


2560 


3040 


Salary grade 6 


2680 


3160 


Salary grade 7 


2800 


3280 


Salary grade 8 


2890 


3490 


Salary grade 9 


3040 


3640 


Salary grade 10 


3160 


3880 


Salary grade 11 


3340 


4060 


Salary grade 12 


3520 


4240 


Salary grade 13 


3700 


4420 


Salary grade 14 


3880 


4600 


Salary grade 15 


4020 


4900 


Salary grade 16 


4240 


5120 


Salary grade 17 


4430 


5430 


Salary grade 18 


4680 


5680 


Salary grade 19 


4900 


6020 


Salary grade 20 


5180 


6300 


Salary grade 21 


5460 


6580 


Salary grade 22 


5740 


6860 


Salary grade 23 


5970 


7290 


Salary grade 24 


6300 


7620 


Salary grade 25 


6630 


7950 


Salary grade 26 


6910 


8430 


Salary grade 27 


7290 


8810 


Salary grade 28 


7670 


9190 


Salary grade 29 


8050 


9570 


Salary grade 30 


8430 


9950 



274:2 Interpretation of Provisions. Amend RSA 99:3 by striking 
out said section and inserting in place thereof the following: 99:3 In- 
creases in Salarj^ Classified employees of the state on July 1, 1957 shall 
be placed in the corresponding steps in the new salary ranges as their 
length of service justifies and their annual salaries shall be in accordance 
with the salary scale set forth in section 1, provided that in any case 
where the above ranges including emergency increases are less than the 
rates presently authorized for any such employee there shall be added the 
difference in dollar amounts so that no classified state employee sliall re- 
ceive less compensation than he was receiving under the salary scale in 
effect prior to July 1, 1957. The provisions hereof shall not be construed 
as affecting so-called longevity payments whicli shall be in addition to 
the regular salary scale. 



338 



Chapter 274 



[1957 



274:3 'Appropriation. There is hereby appropriated for the fiscal 
year ending June 30, 1958, for the salary increases provided for herein, 
the following sums; $1,277,147 from the general funds of the state, 
$943,352 from highway funds, $84,323 from fish and game funds, 
$183,106 from federal funds, and $26,567 from self-sustaining funds. 
Like amounts are hereby appropriated for the fiscal year ending June 30, 
1959. 

274:4 State Officials. Amend RSA 94:1 by striking out said sec- 
tion and inserting in place thereof the following: 94:1 Salaries 
Established. The annual salaries for the positions set forth shall be as 
follows : 



Adjutant general 
Assistant attorney general (3) 
Assistant business supervisor 
Assistant commissioner, public 

works and highways 
Assistant state librarian 
Assistant superintendent, 

state hospital 
Attorney general 
Bank commissioner 
Business supervisor 
Chairman, water resources board 
Clerk of supreme court and 

court reporter 
Commandant, soldiers' home 
Commissioner of agriculture 
Commissioner of education 
Commissioner of public welfare 
Commissioner, public works and 

highways 
Comptroller 

Deputy attorney general 
Deputy bank commissioner 
Deputy bank comm.issioner 

(building and loan) 
Deputy commissioner of education 
Deputy commissioner, public works 

and highways 
Deputy director of personnel 
Deputy director of recreation 
Deputy insurance commissioner 
Deputy labor commissioner 



Minimum 


Maximum 


$8866 


$10192 


8268 


9516 


7098 


8164 


9464 


10868 


6500 


7488 


8866 


10192 


10634 


12220 


8866 


10192 


8268 


9516 


8268 


9516 


8268 


9516 


4498 


5174 


8866 


10192 


10634 


12220 


10634 


12220 


11232 


12896 


10634 


12220 


9464 


10868 


7670 


8840 


6500 


7488 


8866 


10192 


5 

9464 


10868 


7098 


8164 


7098 


8164 


7670 


8840 


5902 


6786 



1957] 



Chapter 274 



Minimum 
Deputy motor vehicle commissioner 7670 



Deputy secretary of state 

Deputy state treasurer 

Deputy superintendent, industrial 

school 
Deputy superintendent, Laconia 

state school 
Deputy warden, state prison 
Director, charitable trusts 
Director, division of accounts 
Director, division of employment 

security 
Director, division of purchase 

and property 
Director of aeronautics 
Director of civil defense 
Director of clinical services 
Director of correctional psychology 
Director of fish and game 
Director, mental hygiene and child 

guidance clinics 
Director, out-patient services 
Director of personnel 
Director of probation 
Director of psychiatric education 
Director of recreation 
Director, veterans council 
Executive director of planning 

and development 
Farm supervisor 
Insurance commissioner 
Labor commissioner 
Liquor com.missioner (3) 
Motor vehicle commissioner 
Parole officer 

President, teachers college (2) 
Pubhc utilities commissioner (3) 
Secretary of state 
Secretary, tax commission 
State fire marshal 
State forester 
State health officer 
State librarian 
State veterinarian 



7098 
7098 

5330 



Maximum 
8840 
8164 
8164 

6110 



5039 


6067 


5330 


6110 


3700 


4758 


8268 


9516 



8866 



10192 



8268 


9516 


7098 


8164 


6500 


7488 


8346 


9854 


8346 


9854 


8866 


10192 


8866 


10192 


8346 


9854 


8268 


9516 


7670 


8840 


8346 


9854 


8866 


10192 


4732 


5434 


8866 


10192 


7098 


8164 


8866 


10192 


7670 


8840 


8268 


9516 


8866 


10192 


5902 


6786 


8866 


10192 


9464 


10868 


826S 


9516 


0161 


10868 


7098 


8164 


8866 


10192 


11232 


12896 


7670 


8840 


8268 


9516 



340 Chapter 274 [1957 

Minimum Maximum 

State treasurer 8268 9516 

Superintendent, industrial school 7670 8840 

Superintendent, Laconia state school 8866 10192 

Superintendent, state hospital 11232 12896 

Superintendent, state police 8866 10192 

Superintendent, state sanatorium 8866 10192 

Tax commissioner (2) 7670 8840 

Warden, state prison 7670 8840 

Whenever an appointing authority is unable to recruit a quali- 
fied applicant, upon recommendation of the appointing- authority the gov- 
ernor and council are authorized, if in their judgment it is in the best 
interests of the state service, to establish a higher salary range. 

274:5 Appropriation. There is hereby appropriated for the fiscal 
year ending June 30, 1958, for salary increases provided for in section 4 
the following sums: $162,947 from the general funds of the state, 
$10,146 from highway funds, $2,717 from fish and game funds and $2,831 
from federal funds. Like amounts are hereby appropriated for the fiscal 
year ending June 30, 1959. 

274:6 Comptroller. Amend RSA 8:37 by striking out said section 
and inserting in place thereof the following: 8:37 Farm Supervisor. 
In the department of administration and control there shall be a farm 
supervisor. Said supervisor shall be appointed by the comptroller, and 
the business supervisor. 

274:7 Present Incumbents. Officials named in section 4 shall be 
placed in the corresponding steps in the new salary ranges as their 
length of service justifies and in accordance with RSA 94:3. Any oflicial 
whose salary upon placement in the new salary range is less than that 
of a classified emploj^ee in his department shall be placed at the next 
higher step in range above said classified employee and shall be entitled 
to any increase provided for herein until the maximum is reached. 

274:8 Engineering Positions. Notwithstanding the provisions of 
section 1, engineering positions as may be approved by the governor and 
council shall have added to the respective salary ranges the following 
additional percentage increases: 

Salary grades 11 to 14 20 per cent 

Salary grades 15 to 18 15 per cent 

Salary grades 19 to 24 10 per cent 

Salary grades 25 to 30 5 per cent 

The additional salary adjustment provided for in this section 
shall be a charge on the appropriations provided in section 3. 

274:9 Governor's Salary. Amend RSA 4:41 by striking out the 
words "twelve thousand" in line two and inserting in place thereof the 



1957] Chapter 274 341 

words, fifteen thousand five hundred, so that said section as amended 
shall read as follows: 4:41 Governor's Salar3^ The annual salary of 
the governor shall be fifteen thousand five hundred dollars. 

274:10 Statement of Purpose. In order that no classified state 
employees shall be required to work more than forty hours in any one 
week, nor to work a split shift, a special committee is hereby established 
to develop plans to accomplish this purpose within the limits of avail- 
able funds, as follows : 

274:11 Committee Established. The special committee shall con- 
sist of three members to be appointed by the speaker of the house of 
representatives and two members appointed by the president of the 
senate. Said committee shall examine all positions in the classified 
service of the state where the work week is in excess of forty hours and 
where split shifts are involved and develop plans whereby said work 
week may be reduced and estimate the cost of such reduction. Said com- 
mittee shall work with the personnel commission and any other state 
officials whom the governor may designate to assist it in its work. 

274:12 Recommendations. Said committee shall make recom- 
mendations to the personnel commission and to the governor and council 
for changes in the personnel rules to accomplish the purposes set forth 
in section 10 hereof. If funds are not available to put into effect the full 
recommendations of the committee the committee may recommend an 
interim plan which would reduce the work week to something more than 
forty hours. The governor and council are authorized to take such action 
as is necessary to carry out the recommendations of the committee and 
are further authorized to transfer funds provided in section 14 hereof. 

274:13 Personnel Commission. The personnel commission is here- 
by authorized and instructed to take into consideration in classifying 
positions in the classified service the availability of personnel capable of 
filling the requirements of Rjiy position. 

274:14 Salary Adjustment Fund. Notwithstanding any otlier pro- 
visions of law the balance of any funds of the salary adjustment fund or 
any other lapsed money as of June 30, 1958, may, upon approval by the 
governor and council, be transferred for use during the fiscal year ending 
June 30, 1959, to any state department or institution for the purpose of 
the employment of additional personnel to eff'ect the purpose of this act 
to reduce the work week. 

274:15 Salary Increase. Amend RSA 4:42 by striking out the 
word "twenty" in the second line and inserting in place thereof the word, 
twenty-five, so that said section as amended shall read as follows: 4:42 
Councilors' Compensation. The members of the governor's council shall 
be paid twenty-five dollars a day, each, for such time as they are actually 
engaged in the service of the state and their actual expenses. 



342 Chapter 275 [1957 

274:16 Additional Appropriation. For the purpose of the increase 
in salaries and per diem compensation provided by sections 9 and 15, 
and in addition to the amounts appropriated in the biennial appropriation 
bills for executive department, personal services, there are hereby appro- 
priated the sum of $9,224 for the fiscal year ending June 30, 1958, and 
the sum of $9,224 for the fiscal year ending June 30, 1959. Said sums 
shall be a charge on the general funds. 

274:17 Additional Increases. Notwithstanding the provisions of 
section 1 to the classified state positions in the following salary grades 
shall be added the following additional percentage increases : 
Salary grade 1 5^f 

Salary grade 2 41/0% 

Salary grade 3 4% 

Salary grade 4 3Vo% 

Salary grade 5 3% 

Salary gi^ade 6 214% 

Salary grade 7 2'^o 

Salary grade 8 1^4% 

Salary gi^ade 9 1% 

Salary grade 10 1/2% 

There is hereby appropriated for the additional salary increases for 
the above named salary grades for the fiscal year ending June 30, 1958, 
the following sums: Highway funds $44,588; Fish and game funds 
$7,754; Federal funds $17,449; General funds, $120,193; Self-sustaining 
funds $2,423. Like amounts are hereby appropriated for the fiscal year 
ending June 30, 1959. 

274:18 Takes Eflfect. This act shall take eflect July 1, 1957. 
[Approved August 2, 1957.] 
[Effective date July 1, 1957.1 



CHAPTER 275. 

AN ACT RELATIVE TO MARRIAGE OF EPILEPTIC PERSONS. 

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

275:1 Defective Persons. Amend USA 457:10:13:14:15 by strik- 
ing out the words "epileptic or epileptics" wherever said words occur, so 
that said sections as amended shall read as follows: 457:10 Marriage 
Prohibited. No woman under the age of forty-five years, or man of any 
age, — except he marry a woman over the age of forty-five years, — 
either of whom is imbecile, feeble-minded, idiotic or insane, shall here- 
after intermarry or marry any other person within this state unless per- 
mitted by the state department of health. 



1957] Chapter 275 343 

457:13 Application to Stat^ Board of Health. Should any 
question arise as to whether an applicant for such certificate is so dis- 
qualified, the contracting parties shall apply to the state board of health 
which shall thereupon appoint some qualified pei'son or persons to de- 
termine whether the contracting- parties are imbecile, feeble-minded, 
idiotic or insane, such determination to be certified under oath. 

457:14 Reports Required. It shall be the duty of all superintend- 
ents of schools and of all who have charge of instruction in private schools 
or state schools annually in July to file with the state board of health 
the names of all imbeciles, feeble-minded, idiotic and insane persons who 
have left school or have become fourteen years of age during the preced- 
ing year. It shall be the duty of the superintendents of the Laconia state 
school and of the New Hampshire state hospital to file with the state 
board of health the names of all such persons discharged or paroled from 
those institutions. The names thus reported shall not be made public 
except so far as is necessary for the public welfare. 

457:15 Applications Referred to State Board. It shall be the duty 
of the town clerk or other authorized officer when application is made 
for a certificate for the marriage of any person born subsequent to 
June 1, 1909 suspected as being imbecile, feeble-minded, idiotic or insane 
to cause the application to be forwarded for inspection to the state board 
of health. The state board of health after investigation shall return the 
application to the town clerk or other authorized officer and if it finds 
that a certificate may not legally be granted it shall so notify the clerk 
and the applicants for the license. 

275:2 Defective Persons. Amend RSA 457 by inserting after 
section 16 the following new subdivision : 

Epileptics 
457:16-a Marriage Prohibited. No woman or man of any age, 
either of whom is epileptic, shall hereafter intermarry or marry any 
other person within this state unless permitted by the state department 
of health. No clergyman or other officer authorized to solemnize mar- 
riages shall perform a marriage ceremony prohibited by this section. No 
town clerk or other authorized officer shall issue a certificate for such 
prohibited marriage. 

457:16-b Application to State Board of Health. Should any 
question arise as to whether an applicant for such certificate is so 
disqualified, the contracting parties shall apply to the state board of 
health which shall thereupon appoint some qualified person or persons 
to determine whether the contracting parties are epileptic, such de- 
termination to be certified under oath. 

457:16-c Reports Required. It shall be the duty of all superin- 
tendents of schools and of all who have charge of instruction in private 



344 Chapter 276 [1957 

schools or state schools annually in July to file with the state board of 
health the names of all epileptics who have left school or have become 
fourteen years of age during the preceding year. It shall be the duty of 
the superintendents of the Laconia state school and of the New Hamp- 
shire state hospital to file with the state board of health the names of 
all such persons discharged or paroled from those institutions. The names 
thus reported shall not be made public except so far as is necessary for 
the public welfare. 

457:16-d Applications Referred to State Board. It shall be the 
duty of the town clerk or other authorized officer when application is 
made for a certificate for the marriage of any person born subsequent 
to June 1, 1909, suspected as being epileptic to cause the application to 
be forwarded for inspection to the state board of health. The state board 
of health after investigation shall return the application to the town 
clerk or other authorized officer and if it finds that a certificate may not 
legally be granted it shall so notify the clerk and the applicants for the 
license. 

457:16-6 Penalty. Any person who knowingly violates any of the 
provisions of this subdivision shall be fined not less than fifty nor more 
than five hundred dollars, or imprisoned not more than thirty days, or 
both. 

275:3 Takes Effect. This act shall take effect upon its passage. 
[Approved August 2, 1957.] 
[Effective date August 2, 1957.] 



CHAPTER 276. 



AN ACT RELATIVE TO A STUDY OF PROCEDURES FOR MAKING UP 

CHECKLISTS. 

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

276:1 Study Authorized. The legislative council is hereby directed 
to make a study of the present procedures for making up checklists for 
elections with particular reference to taking names from the checklist 
where a person has not voted for a number of years. The council is also 
directed to consider whether or not reregistration of voters should be 
made periodically in towns and cities in order that the checklists of 
voters be up to date. The council shall make recommendations on the 
subject matter to the 1959 session of the legislature together with drafts 
of any amendments to the present law which it may recommend. 

276:2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 2, 1957.] 
[Effective date August 2, 1957.] 



1957] Chapter 277 345 

CHAPTER 277. 

AN ACT TO PROVIDE FOR THE CO-ORDINATION OF MUTUAL AID IN 
PROTECTION AGAINST FIRES. 

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

277:1 Mutual Aid. Amend RSA 154 by inserting after section 30 
the following- new subdivision : 

District Fire Mutual Aid Systems 
154:30-a Formation. Whenever ten or more municipalities 
within the state shall have voted to authorize their respective fire de- 
partments to render outside aid as provided in the preceding subdivision, 
they may, if they so desire, form a district fire mutual aid system, which 
shall be a public municipal corporation. They may petition the state fire 
marshal in writing to call the organization meeting of the system. 

154:30-b Organization. Upon receipt of such a petition, the 
state fire marshal shall call the first or organization meeting of the 
system by giving written notice to the chief of each fire department in 
the system and may invite private fire departments within the desig- 
nated area to join in the meeting by giving similar notice to them. Each 
fire department shall send one delegate to the organization and subse- 
quent meetings and shall be entitled to one vote in all proceedings. The 
delegate shall be the chief of each fire department or such alternate as 
he may designate. At the organization meeting, the members of the 
system shall adopt articles of association and by-laws and regulations 
for the future government and operation of the system which shall be 
effective upon submission to and approval by the attorney general, who 
shall cause the same to be recorded by the secretary of state. The system 
shall be deemed to have been fornially established upon such recording. 
The organization meeting shall also elect a board of directors consisting 
of such number as they may determine. Delegates and directors need not 
be residents. The board of directors shall be the governing body of the 
system and shall serve for terms of one year and until their successors 
are elected and qualify. The directors sliall choose from their number 
the officers of the system, who shall have such duties and powers as the 
by-laws provide. Within the limits of available funds, the directors may 
employ and fix the compensation of agents and other necessary per- 
sonnel, who shall serve at their pleasure and have and exercise such 
powers and authority as they may delegate to them. 

154:30-c Powers and Duties. A district fire mutual-aid system 
shall coordinate the services of all fire departments belonging to it so as 
to provide better and more efficient cooperation in the protection of life 
and property against fire within the area which it comprises. It may 



346 Chapter 277 [1957 

establish an over-all plan or plans for such coordination. Within the 
limits of available funds, it may acquire and operate property and equip- 
ment, including a dispatch center and a communications service, and 
may extend the advantages of group purchasing and benefits to depart- 
ments in the system. It may provide and operate training programs for 
firemen and others. It shall cooperate with other state agencies and with 
the civil defense authorities, state and local. The state fire marshal may 
render advice, recommendations and assistance to the system, on re- 
quest. 

154:30-d Joining and Withdrawal. Additional municipalities 
within the state may join the system, as provided in the preceding sub- 
division, and shall be received as members subject to the approval of 
the board of directors. Municipalities which do not have active fire de- 
partments may be admitted as members upon such conditions as the 
board of directors may fix. Private fire departments v/ithin the state may 
also be accepted as members, with equal voting rights, by the board of 
directors, under such arrangements as are mutually agreed upon. A 
municipality or private fire department may, by vote of its governing 
board, withdraw from the system but such withdrawal shall not be 
effective until ninety days after written notice of such withdrawal shall 
have been delivered to one of the officers of the system. 

154:30-e Limitation of Liability. There shall be no liability im- 
posed by law on the system or on any municipality, on the personnel of 
its fire department, nor on any private fire department or its personnel, 
belonging to such a system, for failure to respond or to respond reason- 
ably for the purpose of extinguishing any fire. This immunity is not in- 
tended to be exclusive of other immunities existing by statute or at 
common law. 

154:30-f Appropriations. Municipalities belonging to such a 
system may raise and appropriate money for the purpose of the system. 
Counties in which a system is established may raise and appropriate 
money for the purposes of the system ; provided however that where all 
the municipalities in the county do not belong to the system, such county 
appropriations may only be made by the affirmative vote of two-thirds 
majority of the county convention present and voting. 

154:30-g Definition. The term "private fire department" as 
used herein shall include fire organizations operated by industries and 
establishments for self -protection and also non profit volunteer fire asso- 
ciations. Nothing contained in this subdivision shall be construed to in- 
terfere with the exclusive jurisdiction vested by law in the state forester 
and his subordinates over forest fires as provided in RSA, chapter 224, 
nor to affect the laws governing prevention or extmguishment of forest 
fires. 



1957] Chapter 278 347 

277:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 278. 

AN ACT RELATIVE TO THE EMPLOYMENT OF CHILDREN. 

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

278:1 Employment of Children. Amend RSA 276:1 by striking 
out said section and inserting in place thereof the following: 276:1 
Under 14. No cliild under the age of fourteen shall be employed or 
permitted or suffered to work in any occupation except (1) farm labor 
or domestic labor, or (2) as a caddy at golf links, or (3) in the door-to- 
door delivery of newspapers, or (4) for work on church grounds and at 
religious meetings, in the employ of the religious organization. 

278:2 Limitations. Amend RSA 276:6 by striking out said sec- 
tion and inserting in place thereof the following: 276:6 Hours. Ex- 
cept as provided in chapter 275 RSA, no minor under the age of sixteen 
years, shall be employed, or permitted or suffered to work at any gain- 
ful occupation, more than fifty-four hours in any one week, nor more 
than ten and one-quarter hours in any one day; nor before the hour of 
half-past six o'clock in the morning, nor after the hour of seven o'clock 
in the evening, provided that during the summer school vacation period 
such minor may be employed until nine o'clock in the evening but in 
such case said minor shall not work more than eight hours in any 
twenty-four hour period nor more than forty-eight hours in any one 
week. Further provided that the limitations on the hours of labor as 
heretofore provided in this section shall not apply in the following cases: 

(1) boys twelve years old or over may deliver newspapers after five 
o'clock in the morning or between four and eight o'clock in the evening, 

(2) a boy twelve years old or over may act as caddy at golf links, and 

(3) a boy twelve years old or over may be employed for work on church 
grounds and at religious meetings, in the employ of the religious organi- 
zation. 

278:3 Employment Certificates. Amend RSA 276:7 by striking 
out said section and inserting in place thereof the following: 276:7 
When Required. No child under sixteen years of age shall be employed 
or permitted or suffered to work, in, about or in connection with, any 
place or establishment, unless the person, firm, or corporation employ- 
ing such child, procures and keeps on file and accessible to any truant 



348 Chapters 279, 280 [1957 

officer, or other authorized inspector, an employment certificate as here- 
inafter prescribed. Provided, however, that the provisions hereof shall 
not apply to the employment of children under the age of sixteen years 
of age in farm labor, or domestic labor, or as a caddy at golf links or in 
the door-to-door delivery of newspapers or for work on church grounds 
and at religious meetings, in the employ of the religious organization. 

278:4 Takes Effect. This act shall take effect upon its passage. 
[Approved August 2, 1957.] 
[Effective date August 2, 1957.] 



CHAPTER 279. 

AN ACT RELATING TO THE SALARIES OF DEPUTY REGISTERS OF PROBATE. 

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

279:1 Salaries of Deputy Registers of Probate. Amend RSA 548 
by striking out section 19, as amended by Laws of 1957, chapter 44, and 
by substituting therefor the following: 19 Salaries of Deputies. The 
annual salaries of the deputy registers of probate in the several counties 
shall be paid by the state and shall be as follows : 

For Hillsborough County, minimum, $3,540, maximum, $4,020; 
for Rockingham and Merrimack counties, minimum, $3,300, maximum, 
$3,780 ; for Strafford and Grafton counties, minimum., $3,010, maximum, 
$3,490; and for Belknap, Carroll, Cheshire, Coos and Sullivan counties, 
minimum, $2,340, maximum, $2,820. Each deputy, upon qualifying, shall 
receive the minimum salary authorized herein and shall be entitled to an 
annual increase in salary of $120 until the maximum is reached, except 
that deputies now in office shall be entitled to receive the minimum salary 
increased by the sum of $120 for each year of service prior to the enact- 
ment hereof but not exceeding the maximum provided herein. 

279:2 Takes Effect. This act shall take eff'ect as of July 1, 1957. 
[Approved August 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 280. 

AN ACT RELATING TO THE SALARIES OF REGISTERS OF PROBATE. 

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

280:1 Salaries of Registers of Probate. Amend RSA 548 by strik- 
ing out section 17 and substituting therefor the following : 



1957] Chapter 281 349 

17 Salaries. The annual salaries of the registers of probate in 
the several counties shall be paid by the state and shall be as follows : 

For Rockingham county, three thousand three hundred dollars. 
For Strafford county, three thousand one hundred dollars. 
For Belknap county, two thousand six hundred dollars. 
For Carroll county, two thousand six hundred dollars. 
For Merrimack county, three thousand tliree hundred dollars. 
For Hillsborough county, three thousand five hundred dollars. 
For Cheshire county, two thousand six liundred dollars. 
For Sullivan county, two thousand six hundred dollars. 
For Grafton county, three thousand one hundred dollars. 
For Coos county, two thousand six hundred dollars. 

280:2 Takes Effect. This act shall take efi'ect as of .July 1, 1957. 
[Approved August 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 281. 

AN ACT RELATIVE TO APPEALS FROM ASSESSMENT OF DAMAGES FOR 

HIGHWAY LAYOUTS AND SPECIAL PROVISIONS FOR APPEAL IN CASES 

OF FREDERICK C. AND AVIS G. PEARSON AND FESTUS S. 

AND Valeda Thornton. 

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

281:1 Highway Lay Outs. Amend RSA 233:17 by striking out 
said section and inserting in place thereof the following: 233:17 Appeal 
of Assessment. Any owner of land or other pi-operty who has not 
accepted payment of the sum tendered and w^ho is aggrieved by the de- 
cision of the commission in the assessment of damages may appeal there- 
from 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, un- 
less for good cause shown the superior court may grant the owner an 
additional sixty days within which to appeal, but in no event shall the 
time for appeal be more than one hundred and twenty days after the 
certificate of tender has been filed with the secretary of state, and the 
court shall assess the damages by jury, or by the court without the 
jury, and award costs to the prevailing party. 

281:2 Payment of Damages. Amend RSA 233 by inserting after 
section 12 the following new section : 12-a — to Mortgagees. When- 
ever any property is subject to a mortgage, the amount of damages 
tendered to the owner by check of the stiite treasurer or of the state 



350 Chapter 282 [1957 

department of public works and hig-hways shall be made payable jointly 
to the owner and the mortgagee, and such tender shall be deemed to be 
a tender to the mortgagee. Notice by certified mail of the amount 
tendered to the owner shall be sent to the mortgagee at the time of 
tender and the mortgagee shall be entitled to the same appeal provisions 
as the owner. 

281:3 Late Appeal Authorized. Notwithstanding any provisions 
of RSA 233 : 17 Frederick C. Pearson, Jr. and Avis G. Pearson are hereby 
granted thirty days from the effective date of this act in which to file 
a late appeal from the assessment of damages for the taking of certain 
real estate on Dover Point, in Dover, county of Strafford, in relation to 
the construction of the toll road between General Sullivan Bridge and 
the City of Dover. 

281:4 Time Extended. Notwithstanding any provisions of RSA 
233:17 Festus S. Thornton and Valeda Thornton are hereby granted 
thirty days from the effective date of this act in which to file a late 
appeal from the assessment of damages for the taking of certain real 
estate situated in Merrimack (Reed's Ferry), county of Hillsborough, 
in relation to the construction of the Central New Hampshire Turnpike. 

281:5 Takes Effect. This act shall take eflfect upon its passage. 
[Approved August 2, 1957.] 
[Effective date August 2, 1957.] 



CHAPTER 282. 



AN ACT TO PROVIDE FOR THE REGISTRATION OF PRIVATE NURSERY SCHOOLS 

AND KINDERGARTENS. 

Be it emicted by the Senate and Houfie of Representatives in General 
Court convened: 

282:1 Nursery Schools and Kindergartens. Amend RSA 125 by 
inserting at the end thereof the following new subdivision : 

Private Nursery Schools and Private Kinderg"artens 
125:37 Definition. Private nursery schools and private kinder- 
gartens mean any place set apart and regularly operated by any person 
or persons, firm or corporation usually for compensation, for the purpose 
of giving nursery school and/or kindergarten instruction and training 
to five or more children from two to six years of age in periods of not 
more than three hours a day. It shall not be construed as applying to the 
activities of school districts or private elementary schools including 
kindergartens in their programs or to the full-time boarding of children 
or to foster day-care homes or to any such places operated less than 
thirty days in a year. 



1957] Chapter 283 351 

125:38 Registration. No person or persons, firm or corporation 
shall operate in any year a private nursery school or private kinder- 
garten as defined in section 37 without first procuring an annual certifi- 
cate of registration therefor from the state department of health which 
shall be given for one year only. The annual application for such registra- 
tion shall set forth in writing such information concerning the proposed 
or established school as may be reasonably required by the state board 
of health. 

125:39 Fee for Registration. The annual fee for such registra- 
tion shall be one dollar, to be paid into the state treasury. 

125:40 Advice and Inspections. The state board of health shall 
issue written advice and recommendations to registrants for the purpose 
of assisting them in the maintenance of clean, healthful, safe and sani- 
tary conditions in such private nursery schools and kindergartens. The 
state board of health may cause periodical inspections to be made of any 
such schools for the purposes of this subdivision and for the purpose of 
enforcing other applicable public health laws. 

125:41 Penalty. Whoever violates the provisions of section 38 
shall be fined not more than ten dollars. 

282:2 Takes Effect. This act shall take eflfect September 1, 1957. 
[Approved August 2, 1957.] 
[Efi:"ective date September 1, 1957.] 



CHAPTER 283. 



AN ACT DEFINING AGRICULTURAL FARMING AND FARM UNDER THE 
MOTOR VEHICLE LAWS. 

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

283:1 Motor Vehicle Definitions. Amend RSA 259:1 by inserting 
after paragraph II the following new paragraphs: Il-a "Agi'iculture 
and farming" shall include farming in all its branches and the cultivation 
and tillage of the soil, dairying, the production, cultivation, growing and 
harvesting of any agricultural, floricultural or horticultural commodi- 
ties, the raising of livestock, bees, fur-bearing animals, or poultry, or 
any practices on the farm as an incident to or in conjunction with such 
farming operations, including but not necessarily restricted to the follow- 
ing: preparation for market, delivery to storage or to market or to 
carriers for transportation to m.arket of any poducts or materials from 
the farm; the transportation to the farm of supplies and materials; the 



352 Chapter 284 [1957 

transportation of farm workers; forestry or lumbering operations; the 
removal of sand, gravel, clay, soil or earth. 

Il-b "Farm" any land and/or buildings or structures on or in 
which agriculture and farming operations are carried on and shall in- 
clude the residence or residences of the owner, occupants or employees 
located on such land. 

283:2 Takes Effect. This act shall take effect April 1, 1958. 
[Approved August 2, 1957.] 
[Effective date April 1, 1958.] 



CHAPTER 284. 

AN ACT TO ESTABLISH THE NEW HAMPSHIRE DISTRIBUTING AGENCY. 

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

284:1 New Chapter. Amend RSA by inserting after chapter 8 
the following new chapter: 

Chapter 8-A 
New Hampshire Distributing Agency 
S-A:l Agency Established. For such period of time as surpluses 
and/or donated commodities of any kind are made available for a dis- 
tribution to the state by any department, division, or agency of the 
United States government there shall be within the department of 
administration and control an agency to be known as the New Hamp- 
shire Distributing Agency. 

8-A:2 Director. The comptroller, subject to the approval of the 
governor, shall appoint a director of the distributing agency. Said 
director shall be the executive head of the agency and administer its 
affairs under the supervision of the comptroller. Said director shall hold 
office during good behavior provided that upon llie dissolution of said 
agency as provided by section 9 the term of office of the director shall 
terminate, and provided further that he may be removed under the pro- 
visions of RSA 4:1. 

8-A:3 Deputy Director. The director, subject to the approval 
of the comptroller shall appoint a deputy director who shall assist the 
director of the agency and perform such duties as the director may re- 
quire. 

8-A:4 Salaries. The annual salary of the director of the agency 
shall be sixty-eight hundred and ninety dollars, and an annual increase 
of two hundred and eight dollars to a maximum of seventy-nine hundred 



1957] Chapter 284 353 

and thirty dollars. The annual salary of the deputy director shall be 
sixty-seven hundred and ninety dollars and an annual increase of one 
hundred and eighty-eight dollars to a maximum of seventy-seven hun- 
dred and thirty dollars. Officials named in this section shall be placed 
in the corresponding steps as their length of service justifies, and in 
accordance with RSA 94:3. 

8-A:5 Persoimel. The director shall, subject to the approval of 
the comptroller within the limits of the state personnel system and 
agreement with the federal agencies concerned appoint such classified 
personnel as may be found necessary to efficiently and economically 
operate the agency. 

8-A:6 Duties. Subject to the supervision of the comptroller the 
director shall organize and supervise the office staft' of the agency ; shall 
request, transport, receive, warehouse, allocate, enforce compliance and 
deliver where deemed expedient any federal surpluses made available to 
the state by the federal government. The director is authorized subject 
to approval by the comptroller to execute all contracts, agreements, 
leases or other documents necessary for the operation of the agency 
in accordance with regulations and directives of the federal government. 

8-A:7 Financing. The director for the agency subject to 
approval by the comptroller is authorized to assess fair and equitable 
charges against any recipients receiving any donated surpluses from the 
agency. Such charges shall be sufficiently high to defray all administra- 
tive, warehousing, processing, distribution and transportation costs in- 
curred by the agency and to allow the accumulation of a working capital 
reserve equal to the cost of six months' operation of the agency. The 
work of the agency shall be so conducted that there is no expense on 
the state. The integrity of the funds accumulated in each program and 
the expenditures thereof shall be maintained on the books of the agency, 
the comptroller, and the office of the state treasurer at all times. 

8-A:8 Expenditures. Expenditures from funds raised by assess- 
ments shall be limited to personal salaries of individuals directly con- 
nected with the distribution of donated commodities, travel expenses of 
such personnel, supplies, equipment, warehousing and/or storage costs, 
labor and transportation costs, and such other related costs as may be 
required to effect orderly distribution of commodities, from the con- 
signee point of delivery or point of origin to the ultimate point of con- 
sumption. 

8-A:9 Dissolution. In the event the agency is dissolved due to 
the failure to receive surpluses for distribution the cash reserves shall 
be pro rated back to the recipients who contributed to such reserves 
during the previous three years. 



354 Chapter 285 [1957 

284:2 Transfer of Personnel and Property. All personnel now 
employed by the New Hampshire distributing agency as an agency set 
up by executive orders of the governor and council shall be transferred 
and become the personnel of the New Hampshire distributing agency as 
established by RSA 8-A. All appropriations provided by the budget acts 
for the fiscal years ending June 30, 1958 and June 30, 1959 under the 
paragraph for surplus food and commodities distribution as well as any 
balances of accumulated funds shall be available for the agency hereby 
established. All records, letters, contracts, agreements and other prop- 
erty relating to and now pending in the original agency are hereby trans- 
ferred without prejudice to the agency established hereunder and all 
agreements and contracts with the federal government with reference 
to surplus commodities and/or property made by the former agency 
and now in force, shall continue and be binding upon the agency hereby 
established until changed hereafter. 

284:3 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved August 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 285. 



AN ACT PROVIDING FOR HEARING IN CASE OF FAILURE TO RENOMINATE OR 

REELECT A TEACHER, 

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

285:1 Teachers. Amend RSA 189 by inserting after section 14 
the following new sections: 189:14-a Failure to be Renominated or 

Reelected. Any teacher who has a professional standards certificate from 
the state board of education and who has taught for one or more years 
in the same school district shall be notified in writing on or before 
March 15 if he is not to be renominated or reelected. Any such teacher 
who has taught for three or more years in the same school district and 
who has been so notified may request in writing within five days of 
receipt of said notice a hearing before the school board and may in said 
request ask for reasons for failure to be renominated or reelected. The 
school board, upon receipt of said request, shall provide for a hearing 
on the request to be held within fifteen days. The school board shall issue 
its decision in writing within fifteen days of the close of the hearing. 

189:14-b Review by State Board. A teacher aggrieved by such 
decision may request the state board of education for review thereof. 
Such request must be in writing and filed with the state board within 
ten days after the issuance of the decision to be reviewed. Upon receipt 



1957] Chapter 286 355 

of such request, the state board shall notify the school board of the re- 
quest for review, and shall forthwith proceed to a consideration of the 
matter. Such consideration shall include a hearing if either party shall 
request it. The state board shall issue its decision within fifteen days 
after the request for review is filed, and the decision of the state board 
shall be final and binding upon both parties. 

285:2 Takes Effect. This act shall take effect September 1, 1958. 
[Approved August 2, 1957.] 
[Effective date September 1, 1958.] 



CHAPTER 286. 



AN ACT RELATIVE TO JURISDICTION OF THE FORESTRY AND RECREATION 
COMMISSION OVER CERTAIN ISLANDS IN GREAT PONDS. 

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

286:1 Forestry and Recreation Commission. Amend RSA 219 by 
inserting after section 7 the following new section: 219:7-a Islands. 
The following described islands in the following lakes or ponds are here- 
by placed within the jurisdiction of the forestry and recreation commis- 
sion, as public reservations: (1) Loon Island in Keysar Lake in the 
town of Sutton; (2) Small Island in Sand Pond in the town of Marlow; 
(3) Ingalls Island in Rocky Pond in the town of Canterbury; (4) North 
Island in Rocky Pond in the town of Gilmanton; (5) Three Islands in 
Ledge Pond in the town of Sunapee; (6) An island in Wheelwright Lake 
in the town of Lee; (7) An island located in Kingswood Lake (formerly 
Cook's Pond) in the town of Brookfield; and (8) Seven Islands in Pleas- 
ant Pond in the town of Danbury. 

286:2 Application. Nothing contained herein shall confer author- 
ity on the forestry and recreation commission to dispose of said islands 
by sale and provided further that nothing contained herein shall be con- 
strued to affect the title to any of the islands described in section 1. 

286:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



S56 Chapter 287 [1957 

CHAPTER 287. 

AN ACT RELATIVE TO AGREEMENTS BETWEEN TOWNS IN CONNECTION WITH 
FEDERAL OR INTERSTATE FLOOD CONTROL PROJECTS. 

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

287:1 Town Appropriations. Amend RSA 31:4 by adding at the 
end the following- new paragraph : XXXV. Federal or Interstate Flood 
Control Projects. In the case of a town which may be affected directly 
or indirectly by federal or interstate flood control projects, to defray ex- 
penses and take other appropriate action necessary duly to protect its 
interests in connection with such projects or any incidents thereof; to 
cooperate or act jointly with other towns similarly affected by agreement 
as provided in section 96 of this chapter or otherwise; to receive 
separately or with such other towns or through the state government or 
agencies thereof such sums or other assistance as may be allotted or 
made available to such towns by the federal government or by other 
states in connection with such flood control projects or any incidents 
thereof. 

287:2 Flood Control Projects. Amend RSA 31 by adding at the 
end thereof the following new section: 31:96 Interlocal Cooperation 
on Federal or Interstate Flood Control Projects. Powers granted to a 
town by paragi'aph XXXV of RSA 31:4 may be exercised jointly with 
other towns similarly affected, and any two or more such towns may 
enter into agreements with one another for joint or cooperative action 
pursuant to the following provisions : 

I. Such agreement shall be approved by a vote of the majority 
of those present and voting at any regular or special meet- 
ing of the town. 
11. Any such agreement shall specify the following: 

(a) Its duration; 

(b) The precise organization, composition, and nature of 
any joint or cooperative agency, or of any separate 
legal or administrative entity, if one is created thereby, 
together with the powers delegated thereto ; 

(c) Its purposes; 

(d) The manner of financing the joint or cooperative un- 
dertaking and of establishing and maintaining a budget 
therefor ; 

(e) The manner of acquiring, holding, and disposing of 
real and personal property used in the joint or cooper- 
ative undertaking; 



1857] Chapter 287 357 

(f ) The permissible method or methods to be employed in 
accomplishing- the partial or complete termination of 
the agreement and for disposing of property upon such 
partial or complete termination ; 

(g) Any other necessary and proper matters. 

III. The attorney general shall approve any agreement sub- 
mitted to him hereunder unless he finds that it does not 
meet the conditions set forth herein and shall detail in 
writing addressed to the selectmen of the towns concerned 
the specific respects in which the proposed agreement fails 
to meet the requirements of law. Failure to disapprove an 
agreement submitted hereunder within thirty days of its 
submission shall constitute approval thereof. 

IV. Financing of joint projects by agreement shall be as 
provided by law. 

V. Prior to its entry in force, an agreement made pursuant to 
this section shall be filed with the town clerk of each signa- 
tory town and with the secretary of state. 

VI. No agreemnt made pursuant to this section shall relieve any 
town of any obligation or responsibility imposed upon it by 
law, except that to the extent of actual or timely perform- 
ances by a joint board or other agency or entity created by 
an agreement made hereunder, said performance may be 
offered in satisfaction of the obligation or responsibility. 

VII. This section shall not apply to cooperative efforts under- 
taken by towns pursuant to other special or general 
statutes. 

VIII. Any town entering into an agreement pursuant to this sec- 
tion may appropriate funds and may sell, lease, give or 
otherwise supply the joint board or agency or legal entity 
created hereunder by providing such personnel or services 
therefor as may be within its legal power to furnish. 

287:3 Village Districts. Amend RSA 52 by inserting after sec- 
tion 1 the following new section : 52:l-a Flood Control Projects. Any 
village district organized under the provisions of this chapter may at a 
regular or special village district meeting vote to cooperate or act jointly 
with other village districts or with towns to defray expenses and take 
other appropriate action necessary to protect its interest in connection 
with federal or interstate flood control projects. Such village district 
may enter into agreements with other districts or towns for the purposes 
hereof and in such case the agreement shall be governed by the condi- 
tions set. 



358 Chapter 288 [1957 

287:4 State Guarantee. In view of the general public benefits re- 
sulting from flood control in the state, the governor and council are 
authorized in the name of the state of New Hampshire to guarantee un- 
conditionally, but at no time in excess of the total aggregate sum for the 
entire state of five hundred thousand dollars, the payment of all or any 
portion, as they may find to be in the public interest, of the principal 
of and interest on any bonds or notes issued by any municipality, town, 
city, county or district for purposes authorized by this act and the full 
faith and credit of the state are pledged for any such guarantee. The 
state's guarantee shall be endorsed on such bonds or notes by the state 
treasurer; and all notes or bonds issued with state guarantee shall be 
sold (1) at public sealed bidding, (2) after publication of advertisement 
for bids, (3) to the highest bidder. Any and all such bids may be re- 
jected and a sale may be negotiated with the highest bidder. In the event 
of default in payment of any such notes or bonds, the state may recover 
any losses suffered by it by action against the town as provided in RSA, 
530. 

287:5 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 288. 

AN ACT TO PROVIDE STATE AID FOR NURSING EDUCATION. 

Whereas the interim commission directed by the 1953 legislature to 
study various phases of professional nursing has reported the follow- 
ing: 

(a) Many potentially good student nurses lack the financial 
means to pay even a portion of the fees for a hospital course of training 
and fail to enter the profession of nursing ; 

(b) There is a shortage of new students in the professional nurs- 
ing field which is now a serious problem of public health ; 

(c) There is a shortage of graduate nurses qualified to train 
others, necessitating the education of more registered nurses possessing 
such qualifications ; and 

Whereas the foregoing facts vitally affect the welfare and health of 
the people of the state and require remedial action as recommended by 
the said interim commission, now therefore 

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

288:1 State Scholarship Program. A program of annual scholar- 
ship aid for students in basic professional nursing and in advanced nurs- 



1957] Chapter 288 359 

ing education is hereby established in order to provide financial assist- 
ance to qualified young women who are bona fide residents of this state 
and need such assistance in order to attend a basic course of training 
in professional nursing in New Hampshire regularly approved by the 
state board of nursing education and nurse registration, or in order to 
take postgi^aduate work in courses and at schools approved by said state 
board only for the purpose of attendance by the particular recipient of 
such assistance. 

288:2 Administration. The program shall be administered by the 
state board of nursing education and nurse registration on the basis of 
financial need only. Applications shall be received from those student 
nurses who have successfully met pre-nursing qualifications as estab- 
lished by the board or are registered nurses. The board may make 
reasonable rules and regulations to carry out the puposes of this act. 
The board is authorized to require recipients of assistance to enter into 
written agreements to render a substantial period of service within the 
state upon completion of training or graduate program, as determined 
by the board. The board shall annually certify to the state treasurer the 
names of recipients and amounts of scholarship aid awarded to each. 

288:3 Amount of Aid. The maximum amount which the board 
may grant to any one student nurse in basic professional nursing train- 
ing shall be four hundred fifty dollars for the three-year course, of which 
not over two hundred dollars may be awarded in the first year, not over 
one hundred fifty dollars in the second year and not over one hundred 
dollars in the third year, and to any one registered nurse in advanced 
nursing education shall be five hundred dollars per year, all of which 
shall be paid to the student or registered nurse subject to such rules and 
restrictions as the board may impose. 

288:4 Appropriation. The sum of twenty-five thousand dollars is 
hereby appropriated for each of the ensuing two fiscal years commencing 
July 1, 1957, to carry out the purposes of this act. 

288:5 Board. The state board of nursing education and nurse 
registration shall administer this act and exercise general supervision 
over the canying out of its provisions. To defray the expense of adminis- 
tration there is hereby appropriated for each of the two ensuing fiscal 
years beginning July 1, 1957, the sum of two thousand five hundred 
dollars. 

288:6 Takes Effect. This act shall take eff'ect July 1, 1957. 
[Approved August 2, 1957.] 
[Effective date July 1, 1957.] 



360 Chapter 289 [1957 

CHAPTER 289. 

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF THE DEPARTMENT 

OF PUBLIC WORKS AND HIGHWAYS FOR THE YEAR ENDING JUNE 30, 

1958, AND PROVIDING FUNDS FOR HIGHWAY IMPROVEMENTS. 

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

289:1 Appropriations. The sums hereinafter mentioned are 
appropriated to be paid out of the treasury of the state for the purposes 
specified for the fiscal year ending June 30, 1958 to wit : 
For pubKc works and highwaj^s : 

Administration : 

Salary of commissioner $9,945.00 

Salary of deputy commissioner 9,380.28 

Salary of assistant commissioner 9,560.10 

Other personal services 181,706.20 

Current expenses 66,927.00 

Travel 2,200.00 

Equipment 16,875.00 



Total $296,593.58 

Engineering : 

Personal services $1,455,016,57 

Current expenses 81,532.00 

Travel 230,958.00 

Equipment 70,127.00 

Other expenditures: 

Special account for temporary, over- 
time and part time services, con- 
sultants and private survey 
parties 845,425.57* 



Total $2,683,059.14 

* No transfer shall be made from this appropriation. 

Laboratory : 

Personal services $91,580.98 

Current expenses 25,946.00 

Travel 9,885.00 

Equipment 1,410.00 

Total 128,821.98 



1957] 



Chapter 289 



J61 



Transportation : 

Travel — state owned cars 
Mechanical : 

Personal services 
Current expenses 
Travel 
Equipment 

Total 

Planning and economics : 
Personal services 
Current expenses 
Travel 
Equipment 

Total 

Maintenance : 
Roads 
Bridges 

Highway marking and roadside 
development 

Total 



$332,739.23 

719,880.00 

5,800.00 

403,885.00 



$101,000.20 

15,022.00 

8,440.00 

2,730.00 



$6,339,140.00 
435,000.00 

463,481.80 



Legislative specials : 
Retirement 

Less amount applicable 
to federal projects 

O.A.S.I 

Less amount applicable 
to federal projects 



$103,500.00 

25,040.00 

$78,460.00 

125,000.00 

30,209.00 94,791.00 



Maintenance class V highways 

Roads to public waters 

Accidents and compensation 

Special retirement 

Attorney general — for legal services 

State police 

Water resources — Stream flow gauging 



100,000.00 

5,000.00 

25,000.00 

2,100.00 

10,000.00 

521,437.00 

6,000.00 



180,000.00 



1,462,304.23 



127,192.20 



7,237,621.80 



Total 



842,788.00 



362 Chapter 289 [1957 

Debt service 1,511,245.00 

Land and buildings 173,194.00 

Construction and reconstruction : 
Matching funds (federal aid) : 

Interstate $19,622,000.00* 

Primary, secondary and urban 10,434,121.00 



Total $30,056,121.00 

Less engineering and laboratory ex- 
pense included in above matching 
funds : 
Engineering expense: 

Personal services $2,001,580.00 

Travel 164,061.00 

Laboratory expense: 

Personal services 70,659.00 

Travel 6,092.00 

2,242,392.00 



Net total — matching funds 27,813,729.00 

State funds 4,325,941.00 



Total 32,139,670.00 

* No transfer shall be made from this appropriation. 

Total for public works and highways $46,782,489.93 

Less balance at June 30, 1957 $5,385,720.00 

Less estimated revenue : 

Gasoline road toll 9,448,595.00 

Motor vehicle fees 6,177,826.00 

Federal aid 21,257,331.00 

Federal land grants 150,000.00 

U. S. Army engineers 820,000.00 

Garage 1,400,000.00 

Other revenue 75,000.00 



$44,714,472.00 
Additional funds required 2,068,017.93 



$46,782,489.93 



Net appropriation 0.00 



1957] Chapter 289 363 

289:2 Bond Issue Authorized. To provide funds for the purpose 
of construction, reconstruction and betterment of Class I, II, IV and V 
highways, the state treasurer is hereby authorized, under the direction 
of the governor and council to borrow upon the credit of the state in a 
sum not exceeding five million dollars, and for that purpose may issue 
bonds or notes in the name and on behalf of the state. Such bonds shall 
be deemed a pledge of the faith and credit of the state. The interest and 
principal due on bonds or notes issued under this act shall be paid from 
motor vehicle road tolls as provided in RSA 265:6. Monies received from 
the bond issue are to be expended under the direction of the commis- 
sioner of public works and highways. 

289:3 Form; Proceeds of Sale. The governor and council sliall de- 
termine the form of such bonds or notes, their rate of interest, the 
dates when interest shall be paid, the dates of maturity, the places where 
principal and interest shall be paid, and the time or times of issue. Such 
bonds or notes shall be signed by the state treasurer and countersigned 
by the governor. The state treasurer may sell such bonds or notes under 
the direction of the governor and council. The governor is authorized to 
draw his warrants for the sum hereinbefore appropriated for the pur- 
poses of this act out of the proceeds of the sale of said bonds or notes. 

289:4 Accounts. The secretary of state shall keep an account of all 
such bonds or notes showing the number and amount of each, the time 
of countersigning, the time when payable, and the date of delivery to 
the state treasurer. The state treasurer shall keep an account of each 
bond or note showing the number and amount thereof, the name of the 
person to whom sold, the amount received for the same, the date of 
sale, and the time when payable. 

289 :5 Short Term Notes. Prior to the issuance of the bonds here- 
under, and in anticipation of the collection of revenue hereunder, the 
state treasurer, under the direction of the governor and council, may for 
the purposes hereof borrow money from time to time on short-term 
notes, to be refunded by the issuance of the bonds hereunder. Provided, 
however, that at no time shall the indebtedness of the state on such 
short-term notes exceed the sum. of five million dollars. 

289:6 Continuing Appropriation. The monies provided in section 
2 hereof shall be a continuing appropriation and shall not lapse. 

289:7 Highway Reserve Fund. Amend RSA 228 by inserting 
after section 10 the following new sections: 228:11 Reserve Fund. 
There shall be established in the department of public works and higli- 
ways a special account to be known as the reserve fund. At the close 
of each fiscal year all unencumbered balances of all appropriation 
accounts in the department of public works and highways, except those 
for construction and reconstruction of highways, shall be transfeiTed 



364 Chapter 290 [1957 

to the reserve fund. All revenue of said department from motor vehicle 
fees and fines, highway garage and other sources, in excess of budget 
estimates shall likewise be transferred each fiscal year to said reserve 
fund. Any balance of funds received from motor vehicle road toll not 
otherwise required for the payment of interest and principal on any 
bonds or notes issued heretofore or hereafter and in excess of budget 
estimates for payment for highway purposes shall likewise be trans- 
ferred to said reserve fund. No monies shall be expended from said 
reserve fund except as provided in section 12. 228:12 Transfers from 
Reserve Fund. In case the expenditure of additional funds over budget 
estimates is necessary for the proper functioning of the department of 
public works and highways the governor and council, upon request from 
said department, may authorize the transfer of funds from the high- 
way reserve fund for highway purposes. The governor and council may 
also authorize the use of funds in said reserve fund to reduce, in whole 
or in part, the authorization for the issuance of bonds for highway pur- 
poses as provided by 1953, 34 ; 1955, 186 ; 1955, 280 or bonds authorized 
by this act. 228:13 Records to be Kept. Records shall be maintained 
in the department which will be sufficient to provide statements of 
revenue and expenditures for each of the following toll roads, the Blue 
Star memorial highway, the so called Spaulding turnpike and the Cen- 
tral New Hampshire Turnpike. 

289:8 Takes Effect. Section 1 of this act shall take effect as of 
July 1, 1957 and the remaining sections of this act shall take effect as 
of September 1, 1957. 
[Approved August 2, 1957.] 

[Effective date: 

Section 1 July 1, 1957. 

Remainder of Act September 1, 1957.] 



CHAPTER 290. 



AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF THE DEPARTMENT 

OF PUBLIC WORKS AND HIGHWAYS FOR THE YEAR ENDING JUNE 30, 

1959, AND PROVIDING FUNDS FOR HIGHWAY IMPROVEMENTS. 

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

290:1 Appropriations. The sums hereinafter mentioned are 
appropriated to be paid out of the treasury of the state for tlie purposes 
specified for the fiscal year ending June 30, 1959 to wit: 



1957] 



Chapter 290 



365 



For Public works and highways: 
Administration : 

Salary of commissioner $10,245.00 

Salary of deputy commissioner 9,390.28 

Salary of assistant commissioner 9,580.10 

Other personal services 185,902.24 

Current expenses 78,081.00 

Travel 2,425.00 

Equipment 4,505.00 

Total 

Engineering' : 

Personal services $1,475,567.91 

Current expenses 87,734.00 

Travel 227,578.00 

Equipment 27,450.00 

Other expenditures : 

Special account for temporary, over- 
time and part time services, con- 
sultants and private survey 
parties 



773,047.33* 



Total 

No transfer shall be made from this appropriation. 



Laboratory : 

Personal services 
Current expenses 
Travel 
Equipment 

Total 

Transportation : 

Travel — state owned cars 

Mechanical : 

Personal services 
Current expenses 
Travel 
Equipment 



$93,473.90 

26,035.00 

9,885.00 

1,350.00 



$335,887.15 

761,880.00 

5,800.00 

388,180.00 



$295,128.62 



$2,591,377.24 



130,743.90 



185,000.00 



Total 



$1,491,747.15 



366 



Chapter 290 



[1957 



Planning and economics: 
Personal services 
Current expenses 
Travel 
Equipment 

Total 

Maintenance : 
Roads 
Bridges 

Highway marking and roadside 
development 

Total 



$101,542.70 

14,670.00 

8,440.00 

2,620.00 



6,384,330.00 
260,000.00 

464,185.90 



Legislative specials: 
Retirement 



$115,500.00 



Less amount applicable 
to federal projects 

O.A.S.L 

Less amount appli- 
cable to federal 
projects 



25,040.00 $90,460.00 



125,000.00 



30,209.00 94,791.00 



Maintenance class V highways 

Roads to public waters 

Accidents and compensation 

Special retirement 

Attorney general — for legal services 

State police 

Water resources — stream flow gauging 



100,000.00 

5,000.00 

25,000.00 

2,100.00 

10,000.00 

514,255.00 

6,000.00 



Total 
Debt service 
Land and buildings 

Construction and reconstruction : 
Matching funds (federal aid) : 
Interstate 
Primary, secondary and urban 



$14,418,605.00^ 
8,997,619.00 



127,272.70 



7,108,515.90 



847,606.00 

1,626,870.00 

175,949.00 



Total 



23,416,224.00 



1957] Chapter 291 367 

Less engineering and laboratory 
expense included in above 
matching funds: 

Engineering expense — 
Personal 

services $1,998,165.00 
Travel 165,010.00 

Laboratory expense — 
Personal 

services 73,470,00 

Travel 6,242.00 2,242,887.00 



Net total — 

matching funds 21,173,837.00 

State funds 2,916,000.00 



Total 24,089,337.00 



* No transfer shall be made from this appropriation. 

Total for public works and highways $38,669,547.51 

Less estimated revenue: 

Gasoline road toll $9,921,024.00 

Motor vehicle fees 6,486,717.00 

Federal aid 16,295,000.00 

Garage 1,450,000.00 

Other revenue 75,000.00 



34,227,741.00 
Additional funds required 4,441,806.51 $38,669,547.51 



Net appropriation 0.00 



290:2 Takes Effect. This act shall take effect as of July 1, 1958. 
[Approved August 2, 1957.] 
[Effective date July 1, 1958.] 



CHAPTER 291 



AN ACT RELATIVE TO MISREPRESENTATION BY MINOR FOR THE PURPOSE OF 
PURCHASE OF LIQUOR OR BEVERAGE. 

Be it enacted by the Senate and House of Repres^entatives in General 
Court convened: 

291:1 Prohibited Sales of Liquor and Beverages. Amend RSA 
175 :7 by striking out the word "more" in the third line and inserting in 



368 Chapters 292, 293 [1957 

place thereof the word, less, and by adding at the end thereof the words, 
nor more than fifty dollars, so that said section as amended shall read 
as follows: 175:7 — To Minor Misrepresenting Age. A minor who 
falsely represents his age for the purpose of procuring liquor or 
beverages and who procures such liquor or beverages shall be fined not 
less than twenty dollars nor more than fifty dollars. 

291 :2 Takes Effect. This act shall take efi'ect sixty days after its 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 292. 

AN ACT RELATIVE TO MOTOR VEHICLE DRIVER TRAINING. 

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

292:1 Motor Vehicle Funds. Amend RSA 262 by inserting after 
section 1 the following new section: 262:l-a Driver Training, The 

net proceeds from service fees for initial number plates shall be ex- 
pended by the commissioner with the approval of governor and council 
for the promotion of and instruction in safe motor vehicle driving. The 
commissioner is authorized to adopt rules and regulations for the pur- 
pose of carrying into effect the provisions cf this section. 

292:2 Transfer of Funds. Any funds which have been collected by 
the commissioner of motor vehicles for initial number plates prior to 
the passage of this act shall be transferred to a special fund for the 
purposes provided in section 1 and expended as provided therein. 

292:3 Takes Effect. This act shall take effect upon its passage. 
[Approved August 2, 1957.] 
[Effective date August 2, 1957.] 



CHAPTER 293. 



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: 

293:1 Appropriation. The sum of two million, three hundred 
forty-three thousand one hundred fourteen dollars is hereby appropri- 
ated for the purpose of capital improvements and long term repairs. 



1957] 



Chapter 293 



169 



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: 



II. 



III. 



IV. 



State hospital: 

Sprinkler completion 
Walker bed space 
Power plant 

Memorial unit building and 
attached wooden wing 



$44,590 
264,775 
150,331 

25,000 



Total 






$484,696.00 


State sanatorium: 








Steam and electric generating plant 


$11,603 




Sprinkler system 




9,004 




Fire escape 




3,697 




Fire door 




277 




Chapel and recreation 


room 


10,000 




Dosage tank 




5,484 




Total 






40,065 


Industrial school: 








Staff cottage 




$16,000 




Boiler conversion 




21,160 




Segi-egation unit 




3,329 




Steam line extensions 




17,393 




Rewire Riverview 




1,418 




Total 






59,300 


Laconia state school: 








Rewire five buildings 




$29,043 




Geriatric building 




387,050 




Pave dirt roads 




2,500 




Baker dining room 




32,555 




Blood office space 




6,171 




Outfall sewer 




12,417 




Maintenance buildings 


— laundry 


18,774 




Fire protection and prevention 


59,500 





Total 



$548,010 



* The amount of bonds required to complete the above capital expenditure 
shall be reduced by the sum of $170,000 or so much of said sum as may be realized 
from the sale of land. 



370 Chapter 293 [1957 

V. 



Chapter 


293 




State prison: 








License plate ovens 






$22,530 


Boilers 






16,898 


Cell block windows 






21,254 


Prison farm barn 






8,000 


Re-surface drives 




- 


3,000 


Total 


$71,682 


Less estimated receipt 


from 




sale of land 






10,000 



Net appropriation 61,682 

VL Administration and control : 

Representatives Hall — floor, 

seats and ceiling- '•'■ $54,896 

Representatives Hall — toilets * 9,147 

Annex elevators 33,500 

Clean, point and paint archway 

and central light well of 

State House 8,000 

Paint and repair State House 

dome, repair or replace eagle 5,800 

Clean bronze statutes 1,200 

Renovation and furnishing, 

room 317, State House ='=* 4,100 



Total 116,643 

* Provided that before any plans are approved they must be approved by the 
speaker of the House. 

** Improvements to be approved by the senate finance committee. 

VII. Department of education: 

(A) Manchester technical institute 
BCS surface grinder $5,657 
Three transformers 1,125 

Storage shed 9,485 

20" shaper 6,000 

Heavy-duty power 

hacksaw 3,400 

Automatic heat controls 2,245 

$27,912 



1957] 



Chapter 293 



371 



(B) 



(C) 



(D) 



Portsmouth technical institute 

Hydraulic shaper and 

planer $14,040 



Office expansion 


4,354 


Classroom construction 


14,820 


Store room 


4,747 


Vertical milling 




machine 


5,000 


Fire protection 


1,272 


Heavy-duty power 




hacksaw 


3,400 



Keene teachers college 

Frozen food room $11,015 

Electric line and 

transformers 9,744 

Heat controls — Fiske 

and Huntress 11,757 

Book store and snack 

bar 9,747 

Construction of class- 
room building 600,000 



Total 

Plymouth teachers college 
Folding partition — 

auditorium and gym $9,602 
Rounds hall class- 
rooms and offices 35,272 
Rooms — new gym 11,759 
Lighting improvement 8,806 
Heat controls 28,430 



Total for department of 
education 

VHL Forestry and recreation: 
Recreation division 
Dams — Moose brook 
Well — Millar Park 



47,633 



642,263 



$93,868 



811,677 



$24,667 
2,301 



372 Chapter 293 [1957 

Wentworth Coolidge mansion 12,750 

Hampton harbor dock 11,000 
Franklin Pierce homestead 1,500 

Daniel Webster birthplace 5,000 



Total 57,218 

IX. State library: 

Book stacks $23,132 



Total 23,132 

X. Soldiers home: 

Artesian well and equipment $4,000 



Total 4,000 

XL Planning and development commission: 
Repair and restore Eastern 

States building- $26,910 



Total 26,910 

XII. Public works: 

Preliminary engineering, 

inspection and overhead $109,781 



109,781 



Total $2,343,114 

293:2 Recreational. The sum of four hundred ten thousand five 
hundred dollars is hereby appropriated for the recreational division as 
follows : 

Addition to valley station — 

Cannon Mt. $ 64,000 

Cannon mountain — "T" bar 71,000 

Sunapee "T" bar 40,500 

Peabody slopes building 45,000 

Sunapee Base station 65,000 

Tent camping expansion 25,000 
Page site development — 

Winnipesaukee 100,000 



Total * $ 410,500 

* Of this amount $12,922 shall be transferred to the public works division for 
preliminary engineering-, inspection and overhead. 



1957] Chapter 293 373 

293:3 Department of Education. The sum of six hundred eighty- 
eight thousand two hundred dollars is hereby appropriated for the de- 
partment of education as follows: 

Men's dormitory — Plymouth teachers 

college $672,000 

Book store and snack bar — Keene teach- 
ers college 16,200 



Total * $688,200 



* Of this amount $18,251.00 shall be transferred to the public works division 
for preliminary engineering, inspection and ovcfhead. 

293 :4 Powers of Governor and Council. The governor and council 
are hereby authorized and empowered : 

I. To establish the priority of undertaking and projects here- 
inbefore enumerated ; 

II. To transfer funds from any project named in section 1 to an>i 
other project in the same section and to transfer funds from any project 
named in section 2 to any other project in said section; 

III. To delete projects or parts of projects provided such dele- 
tion is for the public good or is necessary to keep within the funds 
appropriated ; 

IV. To substitute emergency long term repairs projects for any 
of the projects hereinbefore enumerated if such substitution is neces- 
sary 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. 

VI. To authorize expenditures by the public works division, of 
revenue in excess of appropriations and estimates as shown in sections 1, 
2, and 3. 

293:5 Expenditures. The appropriations made for the purposes 
mentioned in section 1 and the sums available for those projects shall be 
expended by the trustees, commission, or department head of the insti- 
tutions and departments referred to therein, provided that all contracts 
for projects and plans and specifications therefor shall be awarded in 
accordance with the provisions of RSA 228:4. The appropriations made 
and the sums available for the projects referred to in section 2 above 
shall be expended by the recreation division of the forestry and recre- 
ation commission provided that all contracts for projects and plans and 
specifications therefor shall be awarded in accordance with the provisions 
of RSA 228:4, The appropriations made and the sums made available 
for the projects referred to in section 3 above shall be expended by the 



374 Chapter 293 [1957 

state board of education provided that all contracts for projects and 
plans and specifications therefor shall be awarded in accordance with the 
provisions of RSA 228 :4. 

293:6 Borrowing Power. To provide funds for the appropriation 
made in section 1 hereof, the state treasurer is hcreb^^ authorized, under 
direction of the governor and council, to borrow upon the credit of the 
state not exceeding the sum of two million, three hundred forty-three 
thousand one hundred fourteen dollars ($2,843,114); to provide funds 
for the appropriations made in section 2 hereof not exceeding the sum 
of four hundred ten thousand five hundred dollars ($410,500) ; to pro- 
vide funds for the appropriation made in section 3 hereof the sum not 
exceeding six hundred eighty-eight thousand two hundred dollars 
($688,200.) 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 date when interest shall be paid and the time or times of 
interest. Such bonds or notes shall be signed by the treasurer and 
countersigned by the governor and shall be deemed a pledge of the faith 
and credit of the state. 

293:7 Payments. The payment of principal and interest on bonds 
and notes issued for tlie projects in section 1 shall be made when due 
from the general funds of the state. The payment of principal and in- 
terest on bonds and notes issued for the projects in section 2 shall be a 
charge upon the state recreational fund established by RSA 219:20. The 
payment of principal and interest on bonds and notes issued for the 
projects in section 3 shall be made when due from, the general funds of 
the state but shall be liquidated as provided in section 13 hereof. 

293:8 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 for herein of all funds expended or due for the purposes herein 
authorized. 

293:9 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. 



1957] Chapter 293 375 

293:10 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 mone3' from time to time on 
short term loans, which may be refunded by the issuance of the bonds 
or notes hereunder. Provided, however, that at no time shall the in- 
debtedness of the state on short term loans, exceed the following sums : 
(1) not exceeding the sum of two million, three hundred forty-three 
thousand, one hundred fourteen dollars for borrowing to provide funds 
for the purposes of section 1, (2) not exceeding the sum of four hun- 
dred ten thousand five hundred dollars for borrowing to provide funds 
for the purposes of section 2; and (3) not exceeding the sum of six hun- 
dred eighty-eight thousand two hundred dollars for borrowing to pro- 
vide funds for the purposes of section 3. 

293:11 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. 

293:12 Public Works. The department of public works and high- 
ways shall keep an accurate breakdown of all department charges in- 
cluding consultative conferences, on all projects authorized hereunder. 

293:13 Liquidation. The state board of education shall establish 
and charge room rental rates for the use of the dormitory at Plymouth 
teachers college as provided in section 3 hereof. Said rates shall be 
sufficient to amortize the investment in said dormitory. The state board 
of education shall also establish and charge a rental rate for use of the 
snack bar and for merchandise sold from the book store at Keene teach- 
ers college, which rates shall be sufficient to amortize the investment 
provided in section 3 for said project. The income from said room rental 
rates for the dormitory at Plymouth teachers college shall be paid into the 
funds of the said teachers college and the income from said rental rate 
for snack bar and from sale of merchandise at book store shall be paid 
into the funds of the Keene teachers college, provided that the state 
treasurer shall deduct from, said funds such sums as may be necessary 
to meet interest and principal payments in accordance with the terms 
and conditions of the bonds or notes issued under the authority hereof 
for the projects at Plymouth teachers college and Keene teachers college, 
respectively. 

293:14 Takes Effect. This act shall take effect upon its passage. 
[Approved August 2, 1957.] 
[Effective date August 2, 1957.] 



376 Chapters 294, 295 [1957 

CHAPTER 294. 

AN ACT RELATING TO TAXATION IN PiTTSEURG AND CLARKSVILI.E. 

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

294:1 Pittsburg and Clarksville. Amend RSA 481, as amended by 
1955, 327, by inserting- after section 14 the following- new section: 
481:14-a Terms Defined. The words "appurtenances thereto" as used 
in section 14 shall be deemed to include only land actually occupied by 
physical structures of the corporation and dam and to exclude all land 
whether submerged or out of water. 

294:2 Appropriation. Foi- the purposes of this act and RSA 
481:14, as amended, there is hereby appropriated for the fiscal year 
ending June 30, 1958, the sum of $12,500 and a like sum for the fiscal 
year ending June 30, 1959. The governor is hereby authorized to draw 
his warrants for the sums hereby appropriated ouL of any money in the 
treasury not otherwise appropriated. 

294:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 295. 



AN ACT RELATING TO COMMITTALS TO LACONIA STATE SCHOOL AND 
RELATIVE TO THE STATE DENTAL BOARD. 

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

295:1 Committal. Amend RSA 171 (supp) as inserted by 1955, 
314:1 by inserting after section 15 the following new section: 171:15-a 
Criminals. Persons who are mentally deficient having criminal records 
or criminalistic or incorrigible tendencies of such nature as to make their 
presence in said school detrimental 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. Provided however that the provisions of this section 
shall not apply when suitable security quarters are available at the 
school. 

295:2 Repeal. RSA 171:15 (supp) as inserted by 1955, 314:1, 
relative to delinquents, is hereby repealed. 

295:3 State Dental Board. Amend RSA 317 by inserting after 



1957] Chapter 296 377 

section 1 the following new section: 317:l-a Expiration of Term of 

Office. Appointment of members of the state dental board shall be for 
terms which expire as of July 15 of the respective year. 

295:4 Present Members of Board. The term of office of the mem- 
ber of the state dental board which otherwise would expire as of March 

14, 1958, is hereby extended to July 15, 1958; the term of office of the 
member which otherwise would expire as of March 14, 1959, is hereby 
extended to July 15, 1959 and the term of office of the member which 
otherwise would expire as of March 14, 1960 is hereby extended to July 

15, 1960. 

295:5 Qualifications. Amend RSA 317:2 by inserting at the end 
thereof the words, and shall be a member in good standing of the New 
Hampshire Dental Society, so that said section as amended shall read 
as follows: 317:2 Eligibility. Members of the board shall be actual 
residents of this state, shall have been for a period of five years legally 
engaged in the practice of dentistry in this state, shall be graduates 
from some reputable dental college and not in any way connected with, 
or interested in, any dental college or dental department or any insti- 
tution of learning, and shall be a member in good standing of the New 
Hampshire Dental Society. 

295:6 State Board of Health. Tlie term of office of the additional 
member of the state board of health, as provided by 1957, 208, shall ex- 
tend from the date of his appointment thereunder until January 30, 
1964. 

295 :'7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 296. 



AN ACT RELATING TO THE BOARD OF APPROVAL FOR BONDS OF STATE 
EMPLOYEES AND OFFICIALS. 

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

296:1 Officers: Bonds. Amend FvSA 93:2 by striking out said 
section and inserting in place thereof the following: 93:2 Board of 
Approval. There is hei'eby established a board consisting of the attorney 
general, the secretary of the tax commission, and the bank commis- 
sioner whose duty it shall be to determine the amount, where no amount 
is specified, and the sufficiency of the surety, where a bond is required 



378 Chapter 297 [1957 

of an official or employee of the state ; and such other duties as may be 
provided by law ; and no bond shall be valid until approved by said board. 
The insurance commissioner is to be an ex officio member of the board 
to act in an advisory capacity only. 

296:2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 2, 1957.] 
[Effective date August 2, 1957.] 



CHAPTER 297. 

AN ACT RELATIVE TO ECONOMIC GROWTH SURVEY. 

Whereas, There exists a serious lack of uniform and adequate in- 
formation on the economic growth of New Hampshire political sub- 
divisions, and 

Whereas, The present information indicates discrepancies and 
variances between political subdivisions, brought about by methods of 
compilation as w^ell as by increases and decreases in the population and 
wealth of said political subdivisions, and 

Whereas, There is a need for thorough investigation of the causes of 
such increases and decreases, and 

Whereas, There is a need for establishing the most reliable economic 
growth indexes for the state and its political subdivisions : Now, there- 
fore, 

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

297:1 Survey Committee. There shall be a committee of five 
members to be known as the economic gi'owth survey committee estab- 
lished. Two members of said committee shall be appointed by the presi- 
dent of the senate, two members by the speaker of the house of repre- 
sentatives, and one member by the governor. 

297 :2 Duties. The state planning and development commission is 
hereby directed in conjunction with the said economic growth survey 
committee to study the economic picture of New Hampshire communi- 
ties, to analyze the economic growth of New Hampshire political sub- 
divisions and of the state as an entity, and to prepare for the general 
court in 1959 such recommendations as it and the aforesaid committee 
may deem necessary to improve the economic picture of the state's 
political subdivisions and of the state as a whole. 

297:3 Compensation. The members of the committee shall serve 
without compensation. 



1957] Chapters 298, 299 379 

297:4 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved August 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 298. 

AN ACT RELATIVE TO POLITICAL EXPENDITURES AND CONTRIBUTIONS. 

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

298:1 Repeal. RSA 70:9 as amended by 1955, 273:1 relative to 
expenditures under two hundred dollars, is hereby repealed. 

298:2 Takes Effect. This act shall take effect January 1, 1958. 
[Approved August 2, 1957.] 
[Effective date January 1, 1958.] 



CHAPTER 299. 

AN ACT RELATIVE TO TAX EXEMPTION FOR THE BLIND. 

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

299:1 Tax Exemption. Amend RSA 72:37 by striking out said 
section and inserting in place thereof the following: 72:37 Exemption 
for the Blind. Every inhabitant totally deprived of his eyesight shall 
be exempt each year from taxation upon his or her residential real estate 
to the value of one thousand dollars, provided the value of such resi- 
dential real estate in this state as assessed by the selectmen does not ex- 
clusive of bona fide encumbrances of record thereon, exceed ten thousand 
dollars. The term "residential real estate" as used herein shall mean the 
same as defined in RSA 72 :29 as inserted by 1955, 289 :4. 

299:2 Applications and Investigation. All applications made un- 
der the foregoing section shall be subject to the provisions of RSA 72:33 
and 72:34. 

299:3 Takes Effect. This act shall take effect as of April 1, 1958. 
[Approved August 2, 1957.] 
[Effective date April 1, 1958.] 



380 Chapters 300, 301 [1957 

CHAPTER 300. 

AN ACT RELATIVE TO EQUALIZATION OF TAXES IN WARDS OF CITIES. 

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

300:1 Equalized iValuation, in Wards. During the year 1958 the 
state tax commission shall determine the equalized valuation of the prop- 
erty in the several wards of the cities of this state in the same manner 
as provided by paragraph V of RSA 71:11, as amended by 1957, 102:1, 
and such information shall be furnished as soon as available to the com- 
mittee of the senate heretofore chosen to study the problem of redis- 
tricting the senatorial districts of the state. 

300:2 Appropriation. The governor and council are hereby 
authorized to draw their warrant to cover the necessary expenses hereof 
not to exceed fifteen hundred dollars from any money in the treasury 
not otherwise appropriated. 

300:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 301. 

AN ACT RELATING TO SCHOOL BUILDING AID. 

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

301:1 School Building Aid. Amend RSA 198:15-b (supp) as in- 
serted by 1955, 335 :9 by striking out said section and inserting in place 
thereof the following: 198:15-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 organization, 
and any cooperative school district as defined in RSA 195:1, shall be a 
sum equal to thirty per cent of the amount of the annual payment of 
principal on all outstanding loans of the school district, city or coopera- 
tive 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 RSA 195:1) shall be forty per cent plus 
five per cent for each pre-existing district in excess of two, and provided 
further that no cooperative school district shall receive an annual grant 
in excess of fifty-five per cent. For the purposes of computing grants 
hereunder the amount of the annual payment of principal shall be in- 



1957] Chapter 301 381 

creased by an amount equal to the amount of capital reserve and/or the 
amount raised by taxation which was actually expended in the con- 
struction of the school building divided by the number of years for 
which bonds or notes were issued to provide funds for such school build- 
ing. 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 buildings including alterations providing 
additional pupil capacity, architectural and engineering fees, purchase 
of equipment and any other costs necessciry for the completion of the 
building as approved by the state board of education. 

301:2 Change of Date. Amend RSA 198:15-d (supp) as inserted 
by 1955, 335:9 by striking out said section and inserting in place thereof 
the following: 198:15-d Time of Computation of Grant. As of June 
thirtieth in each year, the state board of education shall cause to be com- 
puted the amount of the annual grants for school building aid to be paid 
to eligible school districts in the succeeding fiscal year. The computation 
shall be based upon the total of approved costs of construction of school 
buildings for which loans are outstanding in each school district for the 
fiscal year in which the computations are made. 

301 :3 Federal School Building Aid. Amend RSA 198 by insert- 
ing after section 15-f as inserted by 1955, 335:10 the following new 
section: 198:15-g- Federal School Building Aid. The state board of 
education is hereby designated as the agency of the state of New Hami> 
shire for the receipt and distribution of federal funds in aid of school 
building construction and is hereby given such authority in connection 
therewith as it may be required to possess by any federal act relating 
thereto in order to receive and distribute such funds and it is hereby 
authorized to cooperate with the federal government or any agency 
thereof in the development of plans for the distribution of federal funds 
in aid of the construction of school buildings and to receive and expend 
in accordance with such plans all funds made available to it or the state 
of New Hampshire by the federal government or any of its agencies; 
provided however, to the extent permitted by any federal act relating 
thereto, the state board of education, in formulating plans for the dis- 
tributing of federal funds, may give consideration to the effort made by 
any local school district in providing school buildings, its financial ability 
to pay for school buildings, the encouragement of cooperative school dis- 
tricts and the amounts received or to be received by school districts as 
state aid to school buildings under the provisions of this chapter as now 
01- hereafter amended. 

301:4 Funds. Amend RSA 198:15-f (supp) by striking out said 
section and inserting in place tliereof the following: 198:15-f Addi- 
tional Grant. A school district operating a high school with an approved 



382 Chapter 302 [1957 

program in grades 9-12, or any part thereof, will be entitled to an addi- 
tional 21/2 per cent grant for each school district which sends at least 
a majority of its high school pupils to the resident high school, provided 
that the number being sent from any one district must be in excess of 
five to qualify for such a grant. To take effect the second year of the 
biennium, 1958-59, if unrestricted general fund revenue for the fiscal 
year ending June 30, 1958, shall exceed the sum of $19,762,000, a sum 
not exceeding sixty thousand dollars is hereby appropriated for the pur- 
pose of school building aid hereunder. 

301:5 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved August 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 302. 

AN ACT RELATIVE TO STATE AID TO SCHOOL DISTRICTS. 

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

302:1 School Districts. Amend RSA 198:11 (supp) as inserted by 
1955, 331:1 by striking out said section and inserting in place thereof 
the following : 198:11 Adjustment of Required Programs. It shall be 
the duty of the state board of education to adjust the cost of the re- 
quired programs as set forth in section 10 above, in accordance with the 
amount appropriated for distribution as foundation aid. The cost of the 
required programs shall not exceed the state average costs per elemen- 
tary pupil and per high school pupil of all current expenses of operation 
as established by the state board of education for the year in which the 
foundation aid computation is made. 

302:2 Continuing Distribution. Amend RSA 198:12 (supp) as in- 
serted by 1955, 331:1 by striking out the words "section 10" and insert- 
ing in place thereof the words, sections 10 and 11, so that said section as 
amended shall read as follows: 198:12 Unexpended Appropriation. 

Any amounts not distributed 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 sections 10 and 11. 

302:3. Study. The state tax commission shall study the reasons 
why any town has a tax rate of less than $2.50 per $100.00 of valuation 
as computed on its last assessed valuation as equalized by the commis- 
sion, if the school district in that town receives aid under the terms of 
this act, and shall report its findings to the 1959 session of the general 
court. 



1957] Chapter 303 383 

302 :4 Takes Effect. This bill shall take effect as of July 1, 1957. 
[Approved August 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 303. 

AN ACT RELATIVE TO ELECTION CAMPAIGN RECEIPTS AND EXPENDITURES. 

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

303:1 Definitions. Amend paragraph IV of RSA 70:2 (supp) as 
inserted by 1955, 273:1 by striking out said paragraph and inserting in 
place thereof the following : IV. By any person employed in the classi- 
fied service of the state. 

303:2 Amounts Established. Amend paragraph I of RSA 70:4 
(supp) as inserted by 1955, 273:1, by striking out the same and insert- 
ing in place thereof the following: 

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 



(4) Delegate-at-large to party convention, five thousand 

(5) District delegate to party convention, twenty-five liundred 



dollars, 
dollars. 

dollars. 

(6) Alternate delegate-at-large to party convention, twelve 
hundred fifty dollars. 

(7) Alternate district delegate to party convention, six hun- 
dred twenty-five dollars. 

(8) Councilor, two thousand dollars. 

(9) County officer or state senator, one thousand dollars. 

(10) Representative to the general court, two hundred fifty 
dollars. 

In determining whether a candidate has exceeded the sum fixed 
in this paragraph, no account shall be taken of the following items: The 
candidate's contribution to the state committee, his filing fee, or his ex- 
penditures for personal travel and subsistence expenses, or for services 
of his regular employees in discharging duties of a public office. The 
sums fixed in this paragraph shall include all expenditures, contracts 



384 Chapter 303 [1957 

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 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. 

303:3 Other Elections. Amend paragraph 11 of RSA 70:4 (supp) 
as inserted by 1955, 273:1, by striking out said paragraph and inserting 
in place thereof the following: 11. 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-five thou- 
sand dollars. (2) Representative in congi-ess, twelve thousand five hun- 
dral dollars. (3) Councilor, tv/o thousand dollars. (4) County officer or 
state senator, one thousand dollars. (5) Representative to the general 
court, two hundred and fifty dollars. In determining whether a candi- 
date has exceeded the sum fixed in this paragrapli, no account shall be 
taken of the items excluded in such determination in paragraph I. The 
sums fixed in this paragraph shall include as expenditures any payments, 
distributions, loans, advances, deposits, or gifts of money and sliall in- 
clude any contracts, promises or agreements whether or not legally en- 
forceable to make expenditures by a candidate or by others, including 
political committees, in his behalf, during the time between his nomina- 
tion to and including the date of the election except by the political party 
to which he belongs. 

303:4 Political Committees. Paragraph IV of RSA 70:4 (supp) 
as inserted by 1955, 273:1, relative to limitations on expenditures by 
political committees organized in favor or against a statewide referendum 
on any question, is hereby repealed. 

303:5 Political Advertising. Amend RSA 70:14 (supp) as in- 
serted by 1955, 273:1, by inserting at the end of said section the follow- 
ing new paragraph: IV. The term "political advertising" as used in 
this section shall mean the publication, by any means hereinbefore 
specified, of any paid matter which is designed or tends to aid, injure or 
defeat any party, measure or person at any election. The word "election" 
as used in this paragraph shall mean a city, town, school district, or 
village district meeting as well as the primary or biennial elections. 

303:6 Elimination of Duplicate Reporting of Contributors. Amend 
RSA 70 as inserted by 1955, 273 :1 by inserting after section 8 the follow- 
ing new section: 8-a Duplicate Reporting of Contributions Not Re- 
quired. Where individual contributions are divided or split up between 
the state committee and the other political committees of any political 
party, it shall be a sufficient compliance with the requirement for list- 
ing contributors under sections 4 and 8 if the state committee in its 
statement, filed under section 5, lists the full name and post-office 



1957] Chapter 304 385 

address of each contributor, and the other pob'tical committee sets forth 
in its statement, filed under section 8, its lump sum share of such divided 
contributions and an explanation that the source of such sum is as shown 
on the state committee's statement. 

303:7 Takes Effect. This act shall take effecf as of January 1, 
1958. 

[Approved August 2, 1957.] 
[Effective date Januarj^ 1, 1958.] 



CHAPTER 304. 



AN ACT RELATIVE TO BY-LAWS, OFFICERS AND CREDIT COMMITTEE OF 

CREDIT UNIONS. 

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

304:1 Credit Unions. Amend section 7 of chapter RSA 394 by 
adding- the following: or provided that copies of the notice and proposed 
amendment shall have been posted in two public places within the town 
or city in which the credit union office is located at least twenty-one 
days prior to the day of the meeting, so that said section as amended 
shall read as follows : 

394:7 Amendment. At any annual meeting the members of a 
union may amend the by-laws by a three-fourths vote of the members 
present and entitled to vote; ])rovided, that a copy of the proposed 
amendment shall liave been sent to each member with the notice of the 
meeting or provided that copies of the notice and proposed amendment 
shall have been posted in two public places within the town or city in 
which the credit union office is located at least twenty-one days prior 
to the day of the meeting. 

304:2 Electing Officers. Amend section 25 of chapter RSA 394 
by inserting after the word "treasurer" in the third line the following: 
and such other officers as are deemed necessary, so that said section as 
amended shall read as follows: 

394:25 Electing Officers. The directors, at their first meeting 
after the annual meeting of the corporation, sha'l elect from their own 
number a president, a vice president, a clerk, and a treasurer, and such 
other officers as are deemed necessary, who shall be the executive officers 
of the corporation, and who shall hold office until their successors shall 
have been elected and qualified. The offices of the clerk and treasurer 
may be held by the same person. 



386 Chapter 305 [1957 

304:3 Appointive Officer. Amend RSA 394 by inserting after 
section 25 the following new sections: 394:25-a Loan Officer. When 
so provided by the by-laws the board of directors may, with the approval 
of the credit committee, appoint and may provide for the compensation 
of a loan officer to act under the supervision of the credit committee 
and such loan officer, when so appointed and when authorized by the 
credit committee, may make such loans as the credit committee shall 
have prescribed without the necessity for a meeting, or approval by any 
member of the credit commiittee. However, such loan officer shall not 
disapprove of any loan application. Any loan application rejected by the 
loan officer shall be referred to the credit commJttee for action. All loans 
made by the loan officer shall be approved by at least two thirds of the 
credit committee within thirty-one days following approval by the loan 
officer. 

349 :25-b Acceptance of Provisions. A credit union may amend 
its by-laws to provide for the appointment of a loan officer, as provided 
by RSA 394:25-a, at a special meeting of the members of the union in 
the same manner as provided for amending by-laws at an annual meet- 
ing. 

304:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 305. 



AN ACT RELATIVE TO MOTOR VEHICLE LIABILITY INSURANCE AND 
REQUIREMENTS AS TO FINANCIAL RESPONSIBILITY. 

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

305:1 Motor Vehicle Law Violations. Amend RSA 268:3 by 
striking out said section and inserting in place thereof the following: 
268:3 Proof Required Upon Conviction. Upon receipt of an abstract of 
the record in case of conviction of any person for (1) driving a motor 
vehicle, trailer, or semi-trailer while under the influence of intoxicating 
liquor or narcotic drugs, (2) failing to stop and report when involved in 
an accident, (3) homicide or assault arising out of the operation of a 
motor vehicle, trailer, or semi-trailer, (4) the second time for driving a 
motor vehicle, trailer, or semi-trailer at an excessive rate of speed, (5) 
the second time for driving a motor vehicle, trailer or semi-trailer in a 
reckless manner and a violation of such other of the provisions of any 
state law relative to motor vehicles as the commissioner shall determine, 



1957] Chapter 305 387 

the commissioner shall forthwith suspend the license of the person so 
convicted and the registration certificates of any motor vehicle, trailer, 
or semi-trailer registered in the name of such person and require the 
surrender of the registration plates of any such vehicle, unless and until 
such person gives and thereafter maintains proof of his financial re- 
sponsibility in the future. The commissioner may take action as re- 
quired in this section upon receiving proper evidence of any such con- 
viction of any person in another state. 

305:2 Procedure after Report of Accident. Amend paragraph I 
of RSA 268:5 by inserting after the words "certificate and" in the third 
line the words, require the surrender of the; by striking out in the 
fourth, fifth and six lines the words "and the registration certificates and 
plates of the owner of the vehicle, trailer, or semi-trailer involved in 
the accident reported and" and inserting in place thereof, the words, and 
shall suspend the registration certificates and require the surrender of 
the plates of the owner of the vehicle, trailer, or semi-trailer involved 
in the accident reported and shall suspend; and by inserting after the 
word "suspension" in the twelfth line the words, and of the requirement 
of such surrender, so that said paragraph as amended shall read as 
follows: I. Within sixty days after receipt of the report required by 
section 23 of chapter 262, RSA, the commissioner shall suspend the 
license and registration certificate and require the surrender of the 
registration plates, if any, of the operator, and shall suspend the 
registration certificates and require the surrender of the plates of the 
owner of the vehicle, trailer, or semi-trailer involved in the accident re- 
ported and shall suspend his license, if any, until such operator or owner 
or both shall have furnished sufficient security to satisfy any judgment 
or judgments for damages resulting from such accident as may be re- 
covered against such owner or operator by or on behalf of the aggrieved 
person or his legal representative, and until such owner or operator or 
both shall give and thereafter maintain proof of financial responsibility 
in the future. Notice of such suspension and of the requirement of such 
surrender shall be sent by the commissioner to such operator and owner 
not less than ten days prior to the effective date of such suspension. 

305:3 Satisfaction of Judgments. Amend paragraph VII of RSA 
268:5 (supp) as inserted by 1955, 93:1, by inserting after the words 
"certificate and" in the ninth lines the words, require the surrender of 
the, so that said paragraph as amended shall read as follows : VII. Not- 
withstanding the provisions of section 7 of this chapter or any determi- 
nation previously made by the commissioner under this section, the com- 
missioner, upon receipt of satisfactory evidence that there is an un- 
satisfied judgment against any owner or operator required by RSA 
262:23 to report an accident which judgment was rendered in an action 
for damages to property or for personal injuries arising out of said 



388 Chapter 305 [1957 

accident, shall, until said owner or operator or both shall have satisfied 
said judgment to the extent required by section 10 of this chapter, 
suspend the license and registration certificates and require the sur- 
render of the registration plates, if any, of said operator and owner, 

305:4 Limitation. Amend RSA 268:6 by inserting after the word 
"case" in the second line the words, less than five hundred dollars or, so 
that said section as amended shall read as follows : 268 :6 Form of 
Security. Such security, when ordered, shall be in such form and 
amount as the commissioner may require, but in no case less than five 
hundred dollars or in excess of the amount of proof of financial responsi- 
bility required under this chapter. Proof of responsibility as prescribed 
in section 19 hereof shall in all cases be deemed sufficient. 

305:5 Change in Time. Amend RSA 268:7 by striking out the 
words "one year" in the fifth line and inserting in place thereof the 
words, two years, and by striking out the v/ord ''year" in the sixth line 
and inserting in place thereof the word, two-year period, so that said 
section as amended shall read as follows: 268:7 Application of 
Security. Security furnished in compliance with the requirements here- 
of shall be applicable only to the payment of a judgment against the de- 
positor for damages arising out of the accident in question in an action 
at law in a court of this state begun not later than tv/o years there- 
after; and such deposit, or any balance thereof, after the expiration of 
such two-year period, shall be returned to the depositor or his personal 
representative unless the commissioner shall have received a written 
notice from the aggrieved person or his representative that suit has 
been brought. 

305:6 Exceptions. Amend RSA 268:8 (supp) as amended by 
1955, 164:1 by striking out said section and inserting in place thereof 
the following: 268:8 Limitation of Operation. 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 there- 
of 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 determi- 
nation of satisfaction shall 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 shall 
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 convicted. Nothing contained in section 15 hereof 



1957] Chapter 305 389 

shall be so construed as to deprive an insured person in litigating his 
claim against an uninsured person from a right of trial by jury. If the 
form of policy authorized by section 15 hereof does not contain an arbi- 
tration clause approved by the insurance commissioner, the insured may 
have the liability of the insurer determined by a trial of the issues by 
the superior court justice. In the event of arbitration the insured shall 
not be required to advance costs, and at the conclusion of such arbitra- 
tion the arbitration costs shall be divided equally between the insured 
and the insurer. 

305:7 Suspension. Amend the first paragraph of RSA 268:9 by 
striking out the words "one year" in the thirteenth line and inserting in 
place thereof the words, two years, so that said first paragraph as 
amended shall read as follows: The suspension required in section 5 
shall remain in effect, the motor vehicle, trailer, or semi-trailer in any 
manner involved in such accident shall not be registered in the name of 
the person whose license or registration was so suspended, and no other 
motor vehicle, trailer, or semi-trailer shall be registered in the name 
of such person nor shall any license be held by him until he has obtained 
a release or a judgment in his favor in an action at law to recover for 
damage to property or the death of or bodily injury to any person re- 
sulting from such accident or unless he shall have satisfied in the man- 
ner hereinafter provided any judgment rendered against him in such 
action, and gives and thereafter maintains proof of his financial responsi- 
bility. If the commissioner has received no written notice from the 
aggrieved or injured person or his legal representative that suit has been 
brought within two years from the date of the accident the commis- 
sioner then may, subject to the other requirements of the law, issue to 
such person a new license to operate and new registration certificates 
and registration plates provided he shall give and thereafter maintain 
proof of financial responsibility. A discharge in bankruptcy shall not 
relieve the judgment debtor from any of the requirements of this 
chapter. 

305:8 Form of Motor Vehicle Policy. Amend RSA 268:15, by 
striking out said section and inserting in place tliereof the following new 
section: 268:15 Policy, Form. No motor vehicle liability policy, as 
defined in section 1, shall be issued or delivered in the state, until a 
copy of the form of the policy has been on file with the insurance com- 
missioner for at least thirty days, unless during said period the insur- 
ance commissioner shall have approved in writing the form of the policy 
nor shall such policy be issued if tlie insurance commissioner notifies the 
insurance company in writing that, in his opinion, the form of the policy 
does not comply with the laws of the state. Notification of his approval 
or disapproval shall be given in writing within said period. No such 
policy shall be issued or delivered in this state with respect to a motor 



390 Chapter 305 [1957 

vehicle, trailer or semi-trailer I'egistered in this state unless coverage 
is provided therein or supplemental thereto in amounts or limits pre- 
scribed for bodily injury or death for a liability policy under this chap- 
ter, under provisions approved by the insurance commissioner, for the 
protection of persons insured thereunder v/ho are legally entitled to re- 
cover damages from owners or operators of uninsured motor vehicles, 
trailers, or semi-trailers and hit-and-run motor vehicles, trailers or semi- 
trailers because of bodily injury, sickness or disease, including death 
resulting therefrom. The insurance commissioner shall approve a form 
of policy which contains the name and address of the insured, a de- 
scription of the motor vehicles and trailers or semi-trailers covered, with 
the premium charges therefor, the policy period, the limits of liability 
as between the insured and the insurance company, and an agreement 
that insurance is provided in accordance with and subject to the pro- 
visions of this chapter. The policy may provide that the insured, or any 
other person covered by the policy shall reimburse the insurance carrier 
for payment made on account of any loss or damage claim or suit in- 
volving a breach of the term.s, provisions or conditions of the policy; 
and further, if the policy shall provide for limits in excess of the limits 
specified in this chapter, the insurance carrier may plead against any 
plaintiff, with respect to the amount of such excess limits of liability, 
any defenses which it may be entitled to plead against the insured, and 
any such policy may further provide for the prorating of the insurance 
thereunder with other applicable valid and collectible insurance. 

305:9 Required Provisions. Amend the first paragraph of RSA 
268:16 by inserting after the word "policy" in the first line the words, 
except as to coverage providing protection against uninsured motor 
vehicles, trailers and semi-trailers required by section 15 of this chap- 
ter, so that said paragraph as amended shall read as follows : A motor 
vehicle liability policy, except as to coverage providing protection 
against uninsured motor vehicles, trailers and semi-trailers required by 
section 15 of this chapter, shall be subject, with respect to accidents 
which occur in New Hampshire and within limits of liability required 
by this chapter, to the following provisions which need not be contained 
therein : 

305:10 Liability Policies. Amend RSA 412 by inserting after 
section 2 the following new section : 412 :2-a Requirements of Cover- 
age. No insurer shall issue or deliver any motor vehicle liability policy 
that does not provide at least the minimum coverage set forth in RSA 
268, as amended. 

305:11 Constitutionality. Tf any part or parts of this act shall be 
held unconstitutional, such unconstitutionality shall not affect the 
validity of the remaining parts. The legislature hereby declares that it 



1957] Chapters 306, 307 391 

would have passed the remaining' parts of this act if it had known that 
such part or parts thereof would be declared unconstitutional. 

305:12 Takes Effect. Provisions of this act shall take effect as 
of September 1, 1957. The provisions of RSA 268:15 as hereinbefore 
amended shall apply to all motor vehicle liability policies which are wi^it- 
ten, rewritten or renewed on or after September 1, 1957. 
[Approved August 2, 1957.] 
[Effective date September 1, 1957.] 



CHAPTER 306, 

AN ACT RELATIVE TO USE OF FLUORINE IN PUBLIC WATER SUPPLIES. 

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

306:1 Public Water Supply System. Amend RSA 148 by inserting 
after section 5 the following new section : 148:5-a Use of Flourine. No 
fluorine shall be introduced into the water of any lake, pond, reservoir 
or stream tributary thereto from which the water supply for domestic 
purposes is taken unless and until the town or city using said waters has 
held a public hearing as to the introduction of fluorine into the public 
water supply of said city or town. 

306:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 307. 

AN ACT RELATING TO DEPUTY CLERKS OF THE SUPERIOR COURT. 

Be it enacted by the Senate and House of Reprcf^entatives in General 
Court convened: 

307:1 Deputy Clerks. Amend RSA 499:13 by striking out said 
section and inserting in place thereof the following: 499:13 Appoint- 
ment. A clerk of court may appoint one or more deputies with the 
approval of the superior court to pei-form the duties of his office while 
the clerk is absent or unable from any cause to act. The deputies so 
appointed shall hold office during the incumbency or pleasure of the 
clerk. 

307:2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 2, 1957.] 
[Effective date August 2, 1957.] 



392 Chapters 308, 309 [1957 

CHAPTER 308. 

AN ACT RELATIVE TO THE OPERATION OF MOTOR VEHICLES. OPERATION OF 

MOTOR VEHICLES BY JUVENILES, AND FOR THE REGISTRATION OF 

MOTOR CYCLES BY MANUFACTURERS AND DEALERS. 

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

308:1 Operation of Motor Vehicles. Amend RSA 261 by inserting 
after section 19 the following- new section: 261:19-a Limitation. The 
provisions of sections 17, 18 and 19 hereof shall not be deemed to author- 
ize a person under sixteen years of age to operate a motor vehicle on 
the highways of this state. 

308:2 Minors. Amend RSA 260:8-a as inserted by 1957, 214:3 by 
inserting after the word * 'minor" in the third line the words, under the 
age of eighteen years, so that said section as amended shall read as 
follows: 214:3 Special Requirements. No minor under the age of 
eighteen years shall be issued a driving license or registration of a motor 
vehicle unless the person or persons legally liable for his support and care 
give written permission for the issuance of sucli license or registration, 
or insurance coverage is presented at the time of application. 

308:3 Motor Cycle Manufactmers and Dealers. Amend RSA 260 
by inserting after section 69 thereof the following new sections: 
260:69-a Application. A manufacturer or a dealer in motor cycles may 
make application to the commissioner, upon blanks furnished and pre- 
scribed by him for that purpose, for a general distinguishing number 
for his motor cycles. 260:69-b Registration. The commissioner may, if 
he is satisfied of the facts stated in such application, grant the same and 
issue to the applicant a certificate of registration containing the name, 
residence and address of such applicant and the general distinguishing 
number assigned and such other provisions as tlie commissioner may 
determine. 

308:4 Takes Effect. This act shall take efl'ect upon its passage. 

[Approved August 2, 1957.] 

[Effective date August 2, 1957.] 



CHAPTER 309. 



AN ACT RELATIVE TO APPROPRIATION FOR REGISTERS OF PROBATE AND 
ADDITIONAL LEGISLATIVE EXPENSES AND APPROPRIATIONS. 

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

309:1 Registers of Probate. There are hereby appropriated the 
sum of $9,010 for the fiscal year ending June 30, 1958 and the sum of 



1957] Chapter 309 393 

$9,490 for the fiscal year ending June 30, 1959 to be expended for tlie 
increases in salary provided by acts of this session of the legislature for 
registers of probate and deputy registers of probate. Said sums shall be 
a charge on tlie general funds. 

309:2 Special Authorization. The office of the secretary of state 
is hereby allowed the sum of $7,200 for the employment of Benjamin 
F. Greer, clerk of the senate, during the period from August 12, 1957 to 
December 31, 1958, at the rate of $173.08 by-weekly; said Benjamin F. 
Greer to perform such duties as the secretary of state may assign to him. 
The services of said Benjamin F. Greer shall be available to the legis- 
lative council and to all interim committees and commissions set up by 
this legislature. The above mentioned sum shall be a charge upon the 
legislative appropriations. 

309:3 Legislative Appropriation. The sum of three thousand one 
hundred dollars is hereby allowed Maurice J. Murphy as senate legis- 
lative counsel; the sum of three hundred dollars is allowed to George 
Ray, clerk of the house, in addition to his regular salary as such clerk; 
sums allowable for overtime for employees of the department of attorney 
general pursuant to RSA 14:38 as authorized by the house appropri- 
ations committee are hereby approved, said sums to be a charge on the 
legislative appropriation. 

309:4 Cliange in Date. Amend 1957, 156:2 by striking out said 
section and inserting in place thereof the following: 156:2 Takes 
Effect. This act shall take effect as of January 1, 1957. 

309:5 Additional Appropriations. In order to meet the require- 
ments for retirement and OAST payments due to the salary increases for 
state officials and employees the following sums are hereby appropriated: 
I. For the fiscal year ending June 30, 1958 

Retirement contributions $32,000 

OASI contributions 22,500 $54,500 



For the fiscal year ending 
June 30, 1959 
Retirement contributions $40,000 

OASI contributions 32,250 $72,250 



The above appropriations shall be a charge against the general funds 
of the state. 

II. For the fiscal year ending 
June 30, 1958 
Retirement contributions $37,370 

OASI contributions 20.000 $57,370 



394 Chapter 310 [1957 



For the fiscal year ending- 




June 30, 1959 




Retirement contributions 


$40,890 


OASI contributions 


80,000 



70,890 

The appropriations in this paragraph shall be a charge against the 
special funds. 

309:6 Special Study. The sum of three hundred dollars is hereby 
appropriated to be expended by the special committee authorized to 
study redistricting of senatorial districts. The said appropriation shall 
be a charge upon the legislative appropriation. 

309:7 State Entomologist. The sum of $522 is hereby appropri- 
ated for the fiscal year ending June 30, 1958 and a like sum for the fiscal 
year ending June 30, 1959 for the department of agriculture for a salary 
increase for the state entomologist. 

309:8 Legislative Budget Assistant. Amend section 10 of the act 
making appropriations for the fiscal year ending June 30, 1958 by strik- 
ing out the words "and the salaries thus established shall be maintained 
at the levels arrived at throughout the period from July 1, 1957 to 
June 30, 1959." 

309:9 Takes Effect. The provisions of section 4 of this act shall 
take eff"ect as therein provided, the remaining provisions shall take effect 
as of July 1, 1957. 
[Approved August 2, 1957.] 
[Effective date: 

Section 4 as therein provided. 

Remainder of Act July 1, 1957.] 



CHAPTER 310. 



AN ACT RELATIVE TO THE REGISTRATION OF MOTOR VEHICLES BY 
MANUFACTURERS OR DEALERS. 

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

310:1 Automobile Registration Application. Amend RSA 260:44 
by striking out said section and inserting in place thereof the following: 
260:44 Applications. Every application filed with the commissioner 
under the provisions of this chapter or other laws and regulations rela- 
tive to motor vehicle laws shall contain the words "This application is 
signed under the penalty of perjury." The commissioner, upon evidence 
satisfactory to him that the person who has made an application under 
the provisions of this chapter or other laws and regulations relative to 



1957] Chapter 311 395 

motor vehicles has made any material false statement in such appli- 
cation, may, after hearing-, suspend or revoke the license or certificate of 
registration issued to such person. 

310:2 Additional Plates. Amend RSA 260:67 by striking out the 
words "one more set" in the last line thereof, and inserting in place 
thereof the words, additional sets, so that said section as amended shall 
read as follows: 260:67 Number Plates. The commissioner shall 
furnish a repairman one set of number plates, and in his discretion may 
issue additional sets. 

310:3 Service-Connected Use of Plates. Amend RSA 260:68 by 
striking out said section and inserting in place thereof the following: 
260 : 68 Use of Plates. A repair man shall not loan number plates which 
have been assigned to him under the provisions hereof. He shall not loan 
or rent a motor vehicle to which such num.ber plates have been attached, 
except for service directly connected with his repair business. 

310:4 Registration Fees of Repair Men. Amend RSA 262 :1, para- 
graph XI, by striking out said paragraph and inserting in place thereof 
the following new section: XI For motor vehicles owned by or under 
the control of a repair man, as provided in sections 66 and 67 of chapter 
260 RSA, twenty-five dollars for the first set of plates and ten dollars 
for each additional set of plates. 

310:5 Takes Effect. The provisions of section 4 shall take effect 
as of April 1, 1958 and the remaining provisions of this act shall take 
effect upon its passage. 
[Approved August 2, 1957.] 
[Effective date: 

Section 4 April 1, 1958. 

Remainder of Act August 2, 1957.] 



CHAPTER 311. 

AN ACT RELATIVE TO MINIMUM WAGE LAW. 

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

311:1 Hourly Rate. Amend RSA 279:21 (supp) as amended by 
1955, 288:1 by striking out the words "seventy-five cents" in the sec- 
ond line and inserting in place thereof the words, eighty-five cents; by 
striking out the word "seventy" in the tenth line and inserting in place 
thereof the word, eighty, by striking out the word "sixty-five" in the 
thirteenth line and inserting in place thereof the word, seventy-five, by 
inserting after the word "hospitals," the words, or homes for the aged, 



396 Chapter 311 [1957 

and after the words "non-profit hospital corporation," the words, or non- 
profit home for the aged, so that said section as amended shall read as 
follows: 279:21 Minmiim Hourly Rate. No person, firm or corpora- 
tion shall employ any employee at a rate of less tlian eighty-five cents 
per hour, provided that this limitation shall not apply to employees en- 
gaged in household labor, domestic labor, farm labor, outside salesmen, 
summer camps for minors, restaurants, hotels, inns and cabins; and 
provided this limitation shall not apply to employees engaged as news- 
boys or golf caddies, and this limitation shall not apply to employees of 
hospitals or homes for the aged organized as non-profit corporations ex- 
cept as hereinafter provided. Further provided that no non-profit hospital 
corporation or non-profit home for the aged shall employ a laundry em- 
ployee or nurse aide or practical nurse at a rate of less than eighty 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 t]ian 
seventy-five cents per hour. 

311:2 Special Cases. Amend RSA 279:22 (supp) as amended by 
1955, 288:1 by striking out said section and inserting in place thereof the 
following: 279:22 Special Authorization in Certain Cases. A person 
with less than six months' experience in an occupation, or a person whose 
earning capacity is impaired by age or physical or mental deficiency, or 
a person who is nineteen years of age or under or who is sixty-five years 
of age or over, may be paid not less than seventy-five cents per hour 
upon application to and authorization from the commissioner of labor. 

311:3 Laconia State School. Amend RSA 171:19 by adding the 
following language at the end of said paragraph: Parolees ])articipat- 
ing in the rehabilitation program under the general supervision and 
direction of the Laconia state school are excluded from the provisions 
of RSA 279, as amended, so that said section as amended sliall read as 
follows: 171:19 Parole. The trustees may permit any inmate of 
the school to leave the institution on parole or change the conditions on 
which it is granted. They shall cause an investigation to be made prior 
to the granting of such parole, as to the home into which such inmate 
is to go if paroled, and other conditions and circumstances which may 
affect his or her welfare and behavior, and shall provide such super- 
vision of paroled inmates as may be deemed necessary for their welfare. 
The trustees may revoke the parole and order the return of the inmate 
to whom it has been granted. No length of absence or parole shall 
operate as a discharge from the school. Parolees participating in the re- 
habilitation program under the general supervision and direction of the 



1957] Chapter 312 397 

Laconia state school are excluded from the provisions of RSA 279, as 
amended. 

311:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 312. 



AN ACT FOR COUNTY COOPERATIVE EXTENSION W^ORK IN AGRICULTURE 
AND HOME ECONOMICS. 

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

312:1 University of New Hampshire. Amend 187:23 by striking 
out the words "seventy-two thousand" in the first line and inserting in 
place thereof the words, ninety-two thousand four hundred, by inserting 
after the words "six thousand" in the tenth line the words, six hundred, 
and by inserting after the words "two thousand" in the fourteenth line 
the words, two hundred, so that said section as amended shall read as 
follows: 187:23 County Extension Work. There shall be appropri- 
ated annually by the state the sum of ninety-two thousand four hundred 
dollars for the purpose of conducting cooperative extension work in 
agriculture and home economics in the various counties of tlie state in 
cooperation with the federal department of agriculture and the said 
counties and in furtherance of the so-called Smith-Lever Act as accepted 
by the state under the provisions of chapters 194 and 195 of the Laws of 
1915. The sums herein appropriated shall be expended through the New 
Hampshire College of Agriculture and the Mechanic Arts and the Uni- 
versity of New Hampshire. From said appropriation there shall be paid 
not exceeding the sum of six thousand six hundred dollars per year to- 
ward the maintenance of a county agricultural agent, a home demonstra- 
tion agent and a club agent in any county which shall appropriate at 
least an equal amount for said purposes in said county; and there shall 
be paid not exceeding the sum of two thousand tvv^o hundred dollars per 
year toward the maintenance of each assistant agent in any county which 
shall appropriate at least an equal amount for said purpose in said 
county. The sums hereinbefore appropriated sliall be paid to the treas- 
urer of the university and college in four equal installments on the first 
day of July, October, January and April of each fiscal year. 

312:2 Appropriation. In addition to the annual appropriations 
provided in the appropriation acts for county extension work under RSA 
187:23 there is hereby appropriated for tlie sam^- purposes the sum of 



398 Chapter 313 [1957 

twenty thousand four hundred dollars, for the fiscal year ending June 30, 
1959. 

312:3 Takes Effect. This act shall take effect as of July 1, 1958. 
[Approved August 2, 1957.] 
[Effective date July 1, 1958.] 



CHAPTER 313. 



AN ACT RELATIVE TO EMPLOYMENT COMPENSATION FOR CERTAIN EMPLOYEES 
OF THE STATE AND OF POLITICAL SUBDIVISIONS AND INSTRUMENTALITIES 

THEREOF. 

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

313:1 Employing Unit. Amend RSA 282:1, F, by inserting after 
the word "person" in the fifth line, the following phrase; or this state or 
any political subdivision or any instrumentality thereof, so that said 
subsection as amended shall read as follows: F. "Employing unit" 
means any individual or type of organization, including any partnership, 
association, trust, estate, joint-stock company, or corporation, whether 
domestic or foreign, or the receiver, trustee in bankruptcy, trustee or 
successor thereof, or the legal repesentative of a deceased person, or this 
state or any political subdivision or any instrumentality thereof, which 
has or subsequent to January 1, 1935, had in its employ one or more in- 
dividuals performing services for it within this state. All individuals 
performing services within this state for any employing unit which main- 
tains two or more separate establishments within this state shall be 
deemed to be employed by a single employing unit for all purposes of this 
chapter. Whenever any employing unit contracts with or has under it 
any contractor or sub-contractor for any work which is part of its usual 
trade, occupation, profession or business, individuals in the employ of 
such contractors or sub-contractors shall be considered to be in the em- 
ploy of the employing unit unless it shall be proven to the satisfaction 
of the director that such contracting is not for the purpose of avoiding 
the application of this chapter. Each individual employed to perform or 
to assist in performing the work of any agent or employee of an employ- 
ing unit shall be deemed to be employed by such employing unit for all 
the purposes of this chapter, whether such individual was hired or paid 
directly by such employing unit or by such agent or employee, pro- 
vided the employing unit had actual or constructive knowledge of the 
work. 

313:2 Employment Exemption. Amend RSA 282:1, H (4), by 
striking out sub-paragraph (g) and inserting in place thereof the follow- 



1957] Chapter 313 399 

ing-: (g-) Service performed in the employ of any state other than this 
state or of any of the poHtical subdivisions of such other state or of any 
instrumentahty of such other state, or of any town, city or other poUtical 
subdivision of this state unless such town, city ov other political sub- 
division of this state elects to become subject under subsection C of 
section 7 of this chapter ; 

313:3 Employment Exemptions. Amend RSA 282:1, H (4), by 
inserting after subparagraph (p) as inserted by 1955, 141:2, the follow- 
ing new subparagraphs : 

(q) Service performed for this state by any individual who is not 
a classified employee in the state classified service. 

(r) Service performed by seasonal or temporary classified em- 
ployees as herein defined. Seasonal classification in the state employment 
classification system shall mean service in a position the need for which 
may be reasonably anticipated as likely to recur each year for a varying 
period of time. Temporary classification in the state employment classifi- 
cation system shall mean service of a qualified person to a position that 
is known to be of limited duration. 

313:4 Contributions. Amend RSA 282:6 by inserting- after sub- 
section A the following new subsections A-1, A-2, and A-3. A-1. Pay- 
ment of Contributions by this State. All other provisions of this chapter 
to the contrary notwithstanding, the liability of this state for benefits 
paid shall be as follows : In lieu of contributions required of other employ- 
ers subject to this chapter the state shall pay into the unemployment 
compensation fund an amount equivalent to the amount of benefits paid to 
claimants who during the applicable base period were paid wages by this 
state. If a claimant during such base period was employed by this state 
and by other employers subject to the provisions of this chapter, the 
amount to be paid into the unemployment compensation fund by this 
state with respect to such claim.ant shall be the amount of benefits re- 
ceived by the claimant which are in addition to such amount as the claim- 
ant was entitled to receive on the basis of the wages paid to such 
claimant by such other employers. The amount of payments required 
under this section to be made into the fund shall be ascertained by the 
director of the department of employment security as soon as practica- 
ble after the end of each calendar month and shall upon warrant by the 
governor be payable from the general fund of the state, out of any 
money not otherwise appropriated, except as provided hereafter. If a 
claimant to whom benefits were paid was paid wages by the state during 
the base period from a special administrative fund provided for by law, 
into which monies, in addition to, or other than from the state treasury, 
are placed, the payment into the imemployment compensation fund shall 
be made from such special administrative fund in the regular manner 
provided for disbursing such money. The payment by the state into the 



400 Chapter 313 [1957 

unemployment compensation fund shall be made at such times and in 
such manner as the director of the department of employment security, 
with the approval of the state comptroller, may determine and prescribe. 

A-2 Payment of Contributions by Town, City or Other Poli- 
tical Subdivisions. Any town, city or other political subdivision of this 
state which has elected under the provisions of subsection C of section 7 
of this chapter to become subject to this chapter sliall pay into the un- 
employment compensation fund an amount equivalent to the amount of 
benefits paid to claimants who during the applicable base period were 
paid wages by such town, city or other political subdivision. If a claim- 
ant during such base period was employed by both such town, city or 
other political subdivision and other employers subject to the provisions 
of this chapter, the amount to be paid into the fund by such town, city 
or other political subdivision with respect to such claimant shall be an 
amount equal to the amount of benefits paid to such claimant in addi- 
tion to such amount as the claimant was entitled to receive on the basis 
of the wages paid to such claimant by such other employers. The amount 
of payments required under this section to be made into the fund shall 
be ascertained by the director of the department of employment security 
as soon as practicable after the end of each calendar month. The pay- 
ments by such town, city or other political subdivision into the fund 
shall be made at such times and in such manner as the director of the 
department of employment security may determine and prescribe. A 
town, city or other political subdivision which has elected to become 
subject to this chapter shall not be required to maintain a record of the 
social security account numbers of its employees. 

A-3 Proration of Payments. If the base period wages of an 
individual include wages from both the state and a town, city or other 
political subdivisions or from the state and more than one town, city or 
other political subdivision, or from more than one town, city or other 
political subdivision, then the amount to be paid into the fund under 
this section with respect to the benefits paid to such individuals shall be 
prorated among such liable employers in proportion to the wages paid 
to such individual by such employer during the base period in the order 
in which such wages were earned. 

313:.') Employees Retirement. The board of trustees of the state 
employees retirement system is hereby directed to study what the effect 
would be if paragi'aph XII of PtSA 100:1 were amended to read as 
follows: XII. "Average final compensation" shall mean the average 
annual earnable compensation of a member during his best five years of 
creditable service, or if he has less than five years of creditable service, 
it shall mean his average annual earnable compensation during his total 



1957] Chapter 314 401 

creditable service. Said board of trustees to report its findings and recom- 
mendations to the 1959 session of the legislature. 

313:6 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved August 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 314. 

AN ACT RELATIVE TO THE COMPENSATION OF LEGISLATIVE ATTACHES. 

Be it enacted hy the Senate and House of Representatives in General 
Court co'niiened: 

314:1 Compensation of Attaches. Amend RSA 14:24 (supp) as 
amended by 1955, 290:1 and 1955, 335:7 by striking out said section and 
inserting in place thereof the following: 14:24 Attaches. The com- 
pensation of the following attaches of the senate and house of represen- 
tatives shall be, sergeant-at-arms, $11 a day; custodian of mails and 
supplies for the house, $9 a day ; the senate messenger who acts as custo- 
dian of mail and supplies, $7.50 a day; messengers, assistant messengers, 
telephone messengers, library messengers, doorkeepers, wardens and 
assistant wardens, pages and chaplain, $7.50 a day; each for six days a 
week. 

314:2 Longevity. Amend RSA 14:25 by striking out said section 
and inserting in place thereof the following: 14:25 Legislative Service 
Assistants. The compensation of the legislative service assistants of 
the senate and house of representatives shall be as follows: For the 
chief assistant eleven dollars a day, provided, that for every five regular 
sessions of service, an additional one dollar a day shall be added until a 
maximum of fourteen dollars a day; for other assistants nine dollars a 
day for the first session of service, and fifty cents a day additional for 
each succeeding session of service until a maximum of eleven dollars a 
day, provided, that for every five regular sessions of service an addi- 
tional one dollar a day shall be added until a maximum of thirteen dollars 
a day ; each for six days a week. 

314:3 Mileage Clerk. Amend RSA 14:27 by striking out the word 
"eight" in the second line and inserting in place thereof the word, nine, 
by striking out the word "ten" in the fourth lino and inserting in place 
thereof the word, eleven, and by inserting after the word "day" in the 
fourth line the words, provided, that for every five regular sessions of 
service an additional one dollar a day shall be added until a maximum of 
thirteen dollars ; so that said section as amendad shall read as follows : 



402 Chapter 315 [1957 

14:27 Mileage Clerk. The compensation of the mileag^e clerk of 
the house of representatives shall be as follows: nine dollars a day for 
the first session of service and fifty cents a day additional for each 
succeeding- session of service until a maximum of eleven dollars a day, 
provided, that for everj^ five regular sessions of service an additional 
one dollar a day shall be added until a maximum of thirteen dollars; each 
for six days a week. 

314:4 Takes Effect. This act shall take effect as of January 2, 
1957. 

[Approved August 2, 1957.] 
[Effective date January 2, 1957.] 



CHAPTER 315. 

AN ACT RELATIVE TO THE EMPLOYMENT OF AN ADDITIONAL ASSISTANT 

ATTORNEY GENERAL AND CLERICAL ASSISTANCE FOR THE 

LAW DEPARTMENT; RELATIVE TO DAILY WAGES OF 

INMATES AT THE STATE PRISON. 

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

315:1 Law Department. Amend RSA 7:16 by striking out the 
word "three" in the second line and inserting in place thereof the word, 
four, so that said section as amended shall read as follows: 7:16 
Assistant Attorneys General. The attorney-general, subject to the 
approval o f the governor and council, may appoint four assistant 
attorneys-general, each of whom shall hold office for a term of five 
years. Any vacancy in such office may be filled for the unexpired term. 
An assistant attorney-general may be removed only as provided by 
RSA 4:1. 

315:2 Salaries. Amend RSA 94:1 by striking out the words 
"assistant attorneys general (three)" in the fourth line and inserting in 
place thereof the words, assistant attorneys general (four). 

315:3 Clerical Assistants. In addition to clerical assistants au- 
thorized for the office of the attorney general, the attorney general may 
employ one legal stenographer II. 

315:4 Appropriation. In addition to any appropriations made for 
the office of the attorney general there are hereby appropriated the 
following sums: For the fiscal year ending- June 30, 1958, for personal 
services, the sum of $11,428 and for current expenses and equipment the 
sum of $2,000; for the fiscal year ending June 30, 1959, for personal 
services, the sum of $11,848 and for current expenses and equipment the 



1957] Chapter 316 403 

sum of $2,500. The governor is authorized to draw his warrant for said 
sums out of any money in the treasury not otherwise appropriated. 

315:5 State Prison. The sum of $3,000 is hereby appropriated for 
the use of the state prison trustees to increase by five cents per day the 
wages paid to inmates at the state prison. The governor is authorized to 
draw his warrant for the sums hereby appropriated out of any money in 
the treasury not otherwise appropriated. 

315 :6 Takes Effect. This act shall take effect as of July 1, 1957. 
[Approved August 2, 1957.] 
[Effective date July 1, 1957.] 



CHAPTER 316. 

AN ACT RELATING TO TRANSPORTER REGISTRATION. 

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

316:1 Transporter Registration. Amend RSA 260 by inserting 
after section 74 the following new sections : 

260:75 Application. A transporter may make application to the 
commissioner for a general distinguishing number for transporter regis- 
tration, upon blanks furnished by him for that purpose. The application 
shall contain, in addition to such other particulars as may be required by 
the commissioner, a statement of the name, residence and street address 
of the applicant with a brief description of his place of business. Such 
application shall contain the words, "This application is signed under the 
penalty of perjury." The proper fee shall be deposited before the appli- 
cation is granted. 

260:76 Registration. The commissioner may, if he is satisfied 
of the facts stated in such application, grant the same and issue to the 
applicant a certificate of registration containing the name, residence, and 
address of such applicant and the general distinguishing number assigned 
and such other provisions as the commissioner may determine. 

260 :77 Fee. The fee for transporter registration shall be tliirty- 
five dollars annually and all sucli registration sliall expire at midnight 
March thirty-first of each year. The holder of a transporter registration 
may obtain one additional set of number plates by depositing fifteen 
dollars with the commissioner. 

260:78 Plates. The commissioner shall at the time of issuing 
a certificate to such transporter, furnish him with number plates of sucli 
material and design as the commissioner vaixy prescribe. 



404 Chapter 317 [1957 

260:79 Use of Motor Vehicles, Trailers, Semi-Trailers and 
Tractors. A transporter's registration may be used to transport and de- 
liver a motor vehicle, trailer, semi-trailer or tractor owned by another 
person and when such transporter's registration is displayed thereon such 
motor vehicle, trailer, semi-trailer or tractor shall be deemed to be prop- 
erly registered under the provisions of this title in the name of the trans- 
porter holding such registration. A transporter may use his own motor 
vehicle, trailer, semi-trailer or tractor registered under his transporter's 
registration for service in connection with his business, but he shall not 
use or permit to be used his transporter's registration in the transporta- 
tion of merchandise or freight for himself or any other person. 

260:80 Use of Plates. A transporter shall not loan number 
plates which have been assigned to him under these provisions to any 
other "person" as defined in RSA 259:1, paragraph XXII. 

260:81 Limitation. Any transporter having more than one 
place of business shall secure a separate certificate of registration for 
each place of business. 

260:82 Suspension of Transporter Registration. Authority is 
hereby vested in the commissioner to suspend such registration for such 
period of time as the commissioner may determine providing he is 
satisfied the registration has been misused by the holder thereof and 
such registration shall not be restored until the commissioner is satisfied 
there will be no further misuse of said registration. 

316:2 Takes Effect. This act shall take eff'ect sixty days after its 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 317. 

AN ACT RELATIVE TO ABATEMENT FOR OVERPAYMENT OF INCOME TAXES. 

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

317:1 Income Taxes. Amend RSA 77 by inserting after section 24 
the following new section: 77:24-a Abatement for Overpayment. 

Upon written application therefor made by a taxpayer within three 
years from due date of the tax, that an overpayment of the tax was 
made, the tax commission upon proof thereof may abate the amount of 
such overpayment. The State treasurer, upon warrant from the commis- 
sion or the court shall repay the taxpayer the amount of such overpay- 
ment. When an overpayment of the tax is refunded the amount thereof 



1957] Chapter 318 405 

shall be withheld from any future distribution of the tax due to the 
town or city in which the taxpayer resided. 

317:2 Question on Inventory Blank. Amend RSA 77 by adding 
after section 30 the following- new section: 77:30-a Question on In- 
ventory Blank. The inventory blank referred to in RSA 74 :4 shall con- 
tain the following question: "Do you or your spouse receive directly or 
indirectly income from stocks or bonds o]- from a bank, trust or estate?" 

317:3 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved August 2, 1957.] 
[Effective date October 1, 1957.] 



CHAPTER 318. 



an act relative to survey by the planning and development 

commission of certain state lands in the town of 

Nottingham and to conveyance of said lands. 

Whereas, on December 28, 1955, the New Hampshire Electric Com- 
pany conveyed certain land, dams and other property in Nottingham, to 
the state of New Hampshire by quitclaim deed bearing that date and 
recorded in Rockingham county registry of deeds on April 2, 1956, 
volume 1388, pages 433-451 ; and 

Whereas, as a result of said conveyance the town of Nottingham has 
been deprived of a substantial portion of taxable property ; and 

Whereas, the town of Nottingham desires to have this land de- 
veloped in such manner as to both increase its usefulness and enjoyment 
to the public and restore to the town some measure of taxable property, 
therefore 

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

318:1 Study Group Established. Tlie planning and development 
commission shall make a study of the most expeditious means of opening 
this area for development by either the state, the town of Nottingham, 
or private parties, or a combination of any of the same so as to provide 
taxable property to the towns concerned, public access to the lake for 
general recreational use, and utilization of such part of the area by other 
state departments as may be necessary or desirable. The speaker of the 
house shall appoint a resident of the area to assist the planning and de- 
velopment commission in their study. 



406 Chapter 319 [1957 

318 :2 Public Hearing. The planning and development commission 
shall hold at least one public hearing in the towns continguous to the 
lake after due notice of such meeting has been posted for at least seven 
days in the town hall of such town. 

318:3 Report. The planning and development commission shall 
submit recommendations and plans for the use and disposition of this 
land to the governor and council p]'ior to September 1, 1958. 

318:4 Authorization Granted. The governor and council are au- 
thorized to accept or reject any portion of this committee's report and 
put the same into operation. 

318:5 Sale of Land Authorized. If the com.mission recommends 
tlie sale of any portion of this land and thie governor and council agree, 
then the governor and council are authorized to sell said land in such 
manner as is deemed to be in the best interest of the state. 

318 :6 Disposition of Funds. Any monies received from the sale or 
lease of lands shall be disposed of in the following order: (1) to repay 
any monies spent at the direction of the governor and council in prepar- 
ing said land for lease or sale; (2) to be paid to the state treasury and 
be held in escrow for the exclusive use of the water resources board for 
repairs and maintenance of said dams, provided, tiowever, that the water 
resources board shall not spend a sum greater than fifty thousand dollars 
on the repair and maintenance of said dams within the current bien- 
nium; (3) the balance shall be held by the state treasurer in a special 
non-lapsing fund to be used by the New Hampshire water resources board 
in making repairs and for maintenance of the dams and appurtenances 
of the Pawtuckaway Lake and Mendums Pond projects. 

318:7 Takes Effect. This act shall take effect upon its passage. 
[Approved August 2, 1957.] 
[Effective date August 2, 1957.] 



CHAPTER 319. 



AN ACT RELATIVE TO AN APPROPRIATION FOR MATCHING TOWN FUNDS 
FOR AIRPORT CONSTRUCTION. 

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

319:1 Airport Aid and Development Program. The sum of three 
hundred thousand dollars is hereby appropriated to be expended as 
needed by the aeronautics commission (1) for the purpose of equal 
matching of town funds for the development of airports with federal aid 



1957] Chapter 319 407 

under the federal aid airport program or (2) for equal matching of town 
funds for the development of airports, as defined under the Federal Aid 
Airport Program by state contributions not in excess of five thousand 
dollars. In case of a grant under the provisions of (1) hereof, except in 
the case of a grant in an amount of five thousand dollars or less, the com- 
mission shall expend funds hereunder only under an agreement with the 
sponsoring town that said sponsor shall make annual payments not later 
than June first of each year, beginning on June first of the year follow- 
ing that in which the grant is made, to the aeronautical fund established 
under RSA 422:42 in any amount of not less than one fifteenth of the 
state funds contributed to the construction of buildings under the pro- 
gram and if contributions are used to match town funds for other air- 
port construction an additional payment shall be made by the sponsor- 
ing town at the rate of three cents per gallon on all fuel sold or used in 
aircraft on the airport improved by said project. The determination of 
such fuel used or sold shall be determined as provided in RSA 422:39. 
The payments hereinbefore provided shall cease upon the repayment to 
the aeronautical fund of the entire amount of the gi'ant from state funds. 

319:2 Aeronautical Appropriations. Notwithstanding other pro- 
vision of law the unexpended balance of the amount appropriated by 
section 33 of chapter 306 of the Revised I^aws, as inserted by section 10, 
chapter 281, Laws of 1947, chapter 19, Laws of 1953, and chapter 236, 
Laws of 1955, shall be deemed to be appropriated for the purposes 
specified in said section and be available for such expenditures until 
June 30, 1959. 

319:3 Bonds and Notes Authorized. To provide funds for the 
appropriation provided in section 1 the state treasurer is hereby author- 
ized under the direction of the governor and council to borrow upon the 
credit of the state not exceeding three hundred thousand dollars and for 
that purpose may issue bonds or notes in the name and on behalf of the 
state of New Hampshire. The treasurer shall recommend for the 
approval of the governor and council the form of such bonds, their rate 
of interest, tlie dates of maturity, the places where interest and principal 
shall be paid and the time or times of issue. Such bonds or notes shall 
be signed by the treasurer and countersigned by the governor 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. The 



408 Chapter 320 [1957 

principal and interest on bonds or notes issued hereunder shall be a 
charge on the aeronautical fund established by RSA 422 :42. 

319:4 Accounts. The secretary of state shall keep an account of 
all such bonds or notes countersigned by the governor, showing the 
number and amount of each bond or note, the time of countersigning, the 
date of delivery to the treasurer 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 sale and the date of maturity. 

319:5 Short-term Loans. Prior to the issuance of the bonds or 
notes hereunder the treasurer, under the direction of the governor and 
council, may for the purposes hereof borrow money from time to time on 
short-term loans to be refunded by the issuance of bonds or notes here- 
under, provided, however, that at no time shall the indebtedness of the 
state on such short-term loans exceed the sum of three hundred thou- 
sand dollars. 

319:6 Takes Effect. This act shall take effect upon its passage. 
[Approved August 2, 1957.] 
[Effective date August 2, 1957.] 



CHAPTER 320. 



an act making appropriations for the expenses of certain 

departments of the state for the year ending 

June 80, 1958. 

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

320:1 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 80, 1958, 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 $84,853.00 
for the office of legislative budget assistant to the appropriations and 
finance committees, and $6,500.00 for the office of research annlyst to 
the senate finance committee, as follows : (Salary of legislative budget 
assistant $9,700.00, other personal services $21,408.00, current ex- 
penses $850.00, travel $800.00, equipment $100.00, other expenditures 
$2,000.00*) (Salary of research analyst to senate finance committee 
$6,000.00, other expenditures $500.) 



1957] Chapter 320 409 

$325,000.00 
Legislative councilf 2,500.00 

Council of state governments 2,500.00 



Total for legislative branch $330,000.00 



* The sum herein appropriated, or so much as may be necessary, shall be ex- 
pended by the legislative budget assistant for the purpose specified. 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 paragraph II, section 31, chapter 14, RSA, whereby the 
said legislative budget assistant is required to audit the accounts of the state 
treasurer. 

j The funds in this appropriation shall not lapse but shall be available for ex- 
penditures in the following year. 

For executive branch : 
Office of governor : 

Salary of governor $12,000.00 

Other personal services 21,550.00* 

Current expenses 4,050.00 

Travel 600.00 

Equipment 1,000.00 



Total $39,200.00 

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 
Rent and moving charges for certain 

state department 1,540.00 



Total for governor's office $ 58,040.00 

Executive council : 

Personal services — per diem $11,300.00 

Current expenses 300.00 

Travel 3,400.00 



Total for executive council 15,000.00 
Draperies and repair of cliairs in executive 

offices and council chamber 3,100.00 

Emergency fund 75,000.00 



Total for executive branch $151,140.00 



* 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 governor in his 
own and sole discretion for state purposes, including bat not limited to participation 
in the activities of the United States Governors' Conference, the New England Con- 
ference of Governors, and the council of state governments, for which monies are 
not otherwise appx'opriated. 



410 



Chapter 320 



[1957 



For judicial branch: 
For the supreme court : 

Salaries of justices $ 75,959.89 

Salary of clerk-reporter 7,664.42 

Other personal services 5,290.22 

Current expenses 4,100.00 

Travel 1,850.00 

Equipment 275.00 

N. H, supreme court reports *5,500.00 

Total $100,639.53 

Less estimated revenue 700.00 

Net appropriation 

For superior court : 

Salaries of judges $105,791.34 

Other personal services 100.00 

Current expenses 4,000.00 

Travel 10,000.00 



Total 

For referees and masters: 
Salary of referee 
For judicial council 

For probate court : 
Salaries of judges 
Salaries of registers 
Salaries of deputies 



$29,400.04 
25,879.33 

24,683.88 



$ 99,939.53 



119,891.34 

3,800.16 

5,700.00* 



Total 79,963.25 

Total for judicial branch $309,294.28 

* The funds in these appropriations shall not lapse, but shall be available for 
expenditure in the following year. 

For adjutant general's department : 
Central administrative office: 

Salary of adjutant general $ 8,123.22 

Other personal services 22,131.02 

Current expenses 5,000.00 

Other expenditures: 

State flags 180.00 



Total 



$ 35,434.24 



1957] Chapter 320 411 

National guard : 

Personal services $ 27,197.26 

Current expenses 17,000.00 

Travel 1,300.00 
Other expenditures : 

Social security 350.00 



Total 45,847.26 

Armories : 



Personal services 


$ 


70,183.12 




Current expenses 




86,550.00 




Equipment 




1,669.96 




Total 






158,403.08 


National guard rifle and pistol range: 








Personal services 


$ 


2,130.18 




Current expenses 




1,150.00 




Total 






3,280.18 


Officers' uniform allowance : 








Current expenses 






9,000.00 


State military reservation, Concord: 








Current expenses 






31,850.00 


State military reservation, Concord: 








Photostatic division : 








Personal services 


$ 


2,830.10 




Current expenses 




650.00 




Total 






3,480.10 


State military reservation, Grenier 








air force base, Manchester: 








Personal services 


$ 


8,050.36 




Current expenses 




16,200.00 




Travel 




350.00 





Total 24,600.36 

State military reservation. Fort 

William and Mary, New Castle: 

Current expenses 500.00 

Drill expenses: 

Travel 600.00 



412 



Chapter 320 



Officer candidate school 



Total for adjutant general's department 
Less estimated revenue 

Net appropriation 



[1957 
5,000.00 



$317,995.22 
44,237.77 

$273,757.45 



For administration and control : 
Division of budget and control: 
Salary of comptroller 
Salary of business supervisor 
Salary of assistant business supervisor 
Salary of farm supervisor 
Other personal services 
Current expenses 
Travel 
Equipment 
Other expenditures: 

Atlantic marine fisheries 

Firemen's relief 

League of N. H. arts and crafts 

New England board of higher education 



Oasi contribution 



$10,410.14 
7,840.04 
6,360.12 
6,323.72 
6,801.77 
1,750.00 
1,150.00 
460.00 

900.00 
4,000.00 
8,000.00 
3,500.00 
165,000.00 



Total 




$222,495.79 


Division of accounts : 






Salary of director 


$ 7,280.00 




Other personal services 


44,244.02 




Current expenses 


19,960.00 




Travel 


200.00 




Equipment 


1,200.00 




Total 




72,884.02 


Division of investigation of accounts : 






Personal services 


$ 17,440.54 




Travel 


3,880.00 




Equipment 


6,300.00 





Total 

Division of buildings and grounds: 
Personal services 
Current expenses 
Equipment 



$112,537.66 

82,207.75 

2,500.00 



27,620.54 



Total 



197,245.41 



'] 


Chapter 320 


ailing division: 




Personal services 


$ 9,451.00 


Current expenses 


488.00 



413 



Total 

Division of per