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
900.0 
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