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

LAWS 



of the 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1959 

LEGISLATURE CONVENED JANUARY 7, 1959 

ADJOURNED SEPTEMBER 17, 1959 




CONCORD, N. H. 
1959 



M 



■ i'1 



Printed by 

Granite State Press, Inc. 

Manchester, N. H. 



Bmind by 

Neal Printing and Binding Co. 

Dover, N. H. 



STATE OFFICERS 



Governor 



Councilors 



Adjutant General 



Aeronautics Commission, N. H. 
Director 



Agriculture, Commissioner of 

Attorney-General 

Deputy Attorney-General . . 



Assistant Attorneys-General 



Charitable Trusts, Director of . . 

Bank Commissioner 

Deputy Commissioner 



Cancer Commission, State 



Comptroller 

Education, Commissioner of 



Fire Control, State Board 
State Fire Marshal . . . . 



Fish and Game Department, Director 



Wesley Powell 

Daniel A. O'Brien 
Thomas H. Keenan 
Roger E. Brassard 
Harold Weeks 
James H. Hayes 

Francis B. McSwiney 



W. Russell Hilliard 
Perley I. Fitts 
Louis C. Wyman 
Warren E. Waters 

Elmer T. Bourque 
Jarlath M. Slattery 
George T. Ray, Jr. 
John J. Zimmerman, Jr, 

Ernest R. D'Amours 

Harrison S. King 

James W. Nelson 

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

Leonard S. Hill 

Charles F. Ritch, Jr. 

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 Edward W. Colby 

Deputij State Health Officer Mary M. Atchinson 

Registrar of Vital Statistics Marian G. Maloon 

Insurance Commissioner Donald Knowlton 

Deputy Commissioner Simon M. Sheldon 

John R. Goodnow 
Frank R. Kenison 
John H. Leahy 
Robert E. Earley 
Robert W. Upton 
Maurice F. Devine 
H. Thornton Lorimer 
Edward J. Gallag-her 
John W. Perkins 



Judicial Council 



Labor Commissioner 



Adelard E. Cote 



Deputy Labor Commissioner ..... Ruth G. Morgan 

Charles Griffin 



Employment Security 
Division, Director . 



Employment Service Bureau, 
Director 



Unemployment Compensation 
Bureau, Director 



Library Commission, State 



State Librarian 

Assistant State Librarian 



Liquor Commission, State 



Abby L. Wilder 

William C. Chamberlin 

William L. Dunfey 
John P. Wrig-ht 
Charlotte Morrison 
Elwin L. Page 
Addie E. Towne 

Mildred Peterson McKay 

Emil W. Allen, Jr. 

Franklin Flanders 
William A. Styles 
Charles T. Durell 



State Officers vii 

r Eralsey C. Ferguson 

Milk Control Board \ Mabel LaMontagne 

[ Royal W. Smith 

Motor Vehicle Commissioner Frederick N. Clarke 

Devuty 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 
CoTYimission, State 
Promotion Director Jol^n Brennan 

Industrial Director Winfred L. Foss 

Planning Director Charles L. Crangle 

Police, State, Superintendent Ralph W. Caswell 

[ Amos N. Blandin, Jr. 
Probation, Board of ^ Ada C. Taylor 

Director Richard T. Smith 

r Harold K. Davison 

Public Utilities Commission I Blaylock Atherton 

1 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 

r Robert E. Allard 

Racing Commission, State i Emmet J. Kelley 

1 George H. Grinnell 

Secretary of State Harry E. Jackson 

Deputy Robert L. Stark 



viii State Officers 

State Buildings and Grounds, 

SupeH7itend.ent Wayne B. Elwell 

r Lawton B. Chandler 

Tax Commission, State <| Oliver W. Marvin 

[ John B. Evans 

Treasurer, State Alfred S. Clones 

Deputy Philip D. Mclnnis 

Vete7'ans Council, State Director .... Charles R. Cunning-ham 

Water Resources Board, 

Chairman Walter G. White 



Courts 



IX 



SUPREME 



Chief Justice 



Associate Jttstices 



COURT 

Frank R. Kenison 

r Amos N. Blandin, Jr. 
J Laurence I. Duncan 
I Edward J. Lampron 
Stephen M. Wheeler 



State Reporter George 0. Shovan 



Chief Justice 



SUPERIOR COURT 

John H. Leahy 



Associate Justices 



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



THE LEGISLATURE OF 1959 

SENATE 
President — Norman A. Packard, Manchester 
Clerk — Benjamin F. Greer, Grasmere 
Counsel to the Senate — Paul A. Rinden, Concord 
Senate Recorder — Esther T. Hurd, Concord 
Sergeant-At-Arms — Nathan A. Tirrell, Goffstown 
Messenger — Charles E. Woodbury, Hooksett 
Assistant Messenger — Albert Camire, Manchester 
Doorkeeper — Daniel Cronin, Manchester 



Laurier Lamontagne, Berlin 
Curtis C. Cummings, Colebrook 
Eda C. Martin, Littleton 
Neil C. Gates, North Conway 
Edward J. Bennett, Bristol 
James P. Rogers, Laconia 
James C. Cleveland, New London 
Joseph D. Vaughan, Newport 
Philip S. Dunlap, Hopkinton 
Charles C. Eaton, Stoddard 
Robert English, Hancock 
Nelle L. Holmes, Amherst 



SENATORS 

Louis W. Paquette, Nashua 
John E. Bunten, Dunbarton 
Charles H. Cheney, Sr., 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 
Nathan T. Battles, Kingston 
Cecil Charles Humphreys, New Castle 



HOUSE OF REPRESENTATIVES 
Speaker — Stewart Lamprey, Moultonborough 
Clerk — Francis W. Tolman, Nelson 
Assistant Clerk — John M. Street, Sharon 
Sergeant-at-Arms — Lloyd E. Fogg, Milan 
Chaplain — Rev. J. W. Pennington, Concord 
Custodian of Mail and Supplies— Forrest A. Bucklin, Laconia 
Doorkeeper — Bertha E. Boutwell, Concord 
Doorkeeper — Harry J. A. Robinson, Dover 
Doorkeeper — Joseph Kershaw, Swanzey 
Doorkeeper — Herbert R. Richardson, Randolph 
Doorfceeper— Florence M. Gould, Wentworth's Location 



The Legislature of 1959 



XI 



ROCKINGHAM COUNTY 



Aulnirn, Margaret A. Griffin, r. and d. 
Brentwood, Feme Prescott, r. 
Candla, Karl J. Persson, r. 
Chester, *Walter P. Tenney, r. 
Deerfield, Roland C. Batchelder, r. 
Derry, Kenneth M. Bisbee, r. 

Harry E. Clark, r. 

Charles H. Gay, r. 

Hayford T. Kimball, r. 
Epping, Edmond G. BLair, d. 
Exeter, Lynian E. Collishaw, r. 
Edwin W. Eastman, r. 
Sayre Merrill, r. 
Herman L. Smith, r. 
Fremont, Harold L. Jones, r. 
Greenland, Edna B. Weeks, r. 
Hampstewd, Doris M. Spollett, r. 
Hampton, Douglass E. Hunter, Sr., r. 

Seth M. Junkins, r. 
Hampton Falls, Ralph Sanborn, r. 
Ketisington, D. Everett Palmer, d. 
Kingston, Martha A. Long, r. 
Londonderry, Howell F. Shepard, r. 
New Castle, T. Wade Jenkins, r. 
Newfields, Thomas R. Sheehy, r. and d. 
Newmarket, Arthur A. Labranche, d. 

John Twardus, d. 
Newton, George D. Cheney, r. 



North Hampton, George G. Carter, r. 
Northwood, Ernest L. Pinkham, r. 
Flaistow, Mildred L. Palmer, r. 
Portsmouth, 

Ward 1, Mary C. Dondero, d. 
WiUiam F. Keefe, d. 
Ward 2, Harry H. Foote, r. 

Henry S. Murch, Jr., r. 
Harry A. Wood, r. 
Ward 3, C. Cecil Darne, r. 

William J. Wardwell, r. 
Ward h, Robert R. Blaisdell, Sr., r. 

Julia H. White, r. 
Ward 5, Edna K. White, r. 

Edward J. Ingraham, d. 
Ward 6, Charles W. Carkin, r. 
Amelia H. Cross, r. 
Raymond, Calvin J. Langford, r. 
Rye, Manning H. Philbrick, r. 
Salem, Leonard B. Peever, r. 

Marjorie L. Roulston, r. 
Howard S. Willis, r. 
Sandown, Joshua H. Gordon, r. 
Seabrook, Myron B. Felch, r. 
South Hampton, Frank A. Robinson, r. 
Stratham, Nelson E. Barker, r. 
Windham, Thomas Waterhouse, Jr., r. 



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. 

Frank J. Grimes, d. 
Ward 3, Thomas C. Dunnington, r. 

Philip T. Stonemetz, r. 
Ward If, Philip E. Calcutt, r. 

William E. Colbath, r. 
Harriett W. B. Richardson, r. 
Ward 5, Emmett J. Flanagan, d. 
Durhatn, Laurence A. Bevan, r. 
Jeremiah A. Chase, r. 
Albert D. Littlehale, r. 
Farmington, Robert B. Drew, r. 

George Oilman, r. 
Lee, Herman A. Randall, r. 
Milton, Warren H, Raid, r. 



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

Ward 1, Ernest L. Rolfe, r. 

Ward 2, Winifred E. Hartigan, d. 
Fred Maxfield, r. 

Ward 3, Sumner W. Watson, d. 

Ward It, Alphonse Lacasse, d. 

Angeline M. St. Pierre, d. 

Ward 5, Harry S. Johnson, r. 

Ward 6, Arnold T. Clement, r. 
Edgar G. Varney, r. 
RoUinsford, Joseph E. Boisvert, d. 
Somersworth, 

Ward 1, Sarkis N. Maloomian, d. 

Ward 2, Napoleon A. Habel, d. 

Ward 3, Clovis J. Cormier, d. 

Ward 4, Arthur J. Vincent, d. 

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



Xll 



The Legislature of 1959 



BELKNAP COUNTY 



Alton, Arthur S. Rollins, r. 
Barnstead, Arthur H. McAllister, r. 
Belmont, -Harold B. Haggett, r. 
Gilford, Marion M. Lord, r. and d. 
Gilmanton, Conrad E. Snow, r. 
Laco^iia, 

Ward 1, Myron B. Hart, r. 

Rene C. Lacaillade, r. 

Ward 2, Walter A. Harkins, d. 
Paul L. Normandin, d. 

Ward 3, Ellis J. Ayre, r. 



Ward If, Peter S. Karagianis, r. 

Oscar C. Prescott, r. 
Ward 5, Henry I. Burbank, r. 

David O'Shan, r. 
Ward 6, Donald W. Maclsaac, r. 
George W. Varrell, r. 
Meredith, Raymond V. Pickering, d. 

Joseph F. Smith, r. 
New Havipton, H. Thomas Urie, r. 
Sanbornton, Marion H. Atwood, r. and d. 
Tilton, Herbert E. Howe, r. 



CARROLL COUNTY 



Bartlett, Earle W. Chandler, r. 
Conway, Elmer H. Downs, r. 

Nettie M. Hill, r. 

Milbum F. Roberts, r. 
Freedom, Edward J. Stokes, d. 
Jackson, Daniel R. Blanchard, r. 
Madison, Guy W. Nickerson, r. 
Moultonborough, Stewart Lamprey, r. 



Ossipee, Marcus E. Diifenderfer, r. 
Sandwich, Mary S. Brown, r. 
Taviworth, George R. Nickerson, r. 
Tuftonboro, Forrest W. Hodgdon, r. 
Wakefield, Robert Duchano, r. 
Wolfeboro, Leslie M. Chamberlain, r. 
Russell G. Claflin, r. 



MERRIMACK COUNTY 



Allenstown, Narcisse V. Guilbeault, d. 
Andover, Victor E. Phelps, d. 
Boscawen, Joseph T. Flynn, r. 
Bow, Richard D. Hansen, r. 
Bradford, Reuben S. Moore, r. 
Chichester, James C. Bates, Sr., r. 
Concord, 

Ward 1 Eli LaFlamme, d. 

Frank J. Dowd, d. 
Ward 2, Alice Davis, r. 
Ward 3, Arthur F. Henry, r. 
Ward 4, Stuart Hancock, r. and d. 
*Guy A. Swenson, r. 
Timothy W. Woodman, r. 
Ward 5, Clarence Lessels, r. 

Conrad W. Robinson, r. 
Ward 6, James E. Mannion, r. 
Eugene J. O'Neil, r. 
Elwood Peaslee, r. 
Ernest W. Saltmarsh, r. 
Ward 7, G. Carroll Cilley, r. 
William P. Gove, r. 
Paul B. Maxham, r. 
Henry C. Newell, r. 
Ward 8, Lila S. Chase, r. 



Ward 9, Joseph J. Comi, r. 
Pasquale Rufo, r. 
Epsom, Ralph S. Carr, r. 
Franklin, 

Ward 1, Leslie Boomhower, r. 
Ward 2, Wiggin S. Gilman, d. 

William S. Thompson, d. 

Ward 3, Peter P. Charland, d. 

Arthur B. Leonard, r. 

Henniker, Lewis H. Carpenter, r. 

Hooksett, Alphonse H. Lafond, d. 

John B. Mulaire, r. 
Hopkinton, *Lewis A. Nelson, r. 
Loudon, Harold F. Presby, r. 
Newbury, Clarence B. Perry, r. 
New London, M. Roy London, r.and d. 
Northfield, Car 11 L. Burleigh, r. 
Pembroke, Robert E. Plourde, d. 

George D. Thibeault, d. 
P'ittsfield, Mary R. Ayer, r. 

James F. McGrath, r. 
Salisbury, Elmer M. Hunt, r. 
Warner, L. Waldo Bigelow, Jr., r. 
Webster, Lloyd H. Stone, Sr., d. 
Wilm,ot, Arthur E. Thompson, r. 



The Legislature of 1959 



xiu 



HILLSBOROUGH COUNTY 



Amherst, Orson H. Bragdon, r. 
Antrim, Ellerton H. Edwards, r. 
Bedford, Ralph M. Wiggin, Sr., r. and d. 
Bennington, Theodore Aucella, r. and d. 
Brookline, Grover C. Farwell, d. and r. 
Deering, Rosamond Herrick, r. 
Francestown, Israel H. Vadney, r. 
Goffstown, Frederick W. Branch, Jr., d. 

A. Kenneth Hambleton, r. 

Elmer B. Nickerson, r. 

Alfred W. Poore, r. 
Greenville, Alexander M. Taft, r. 
Hancock, Julius Q. Pickering, r. 
Hillsborough, R. Wayne Crosby, r. 
Hollis, Ann J. Goodwin, r. 
Hudson, Edward J. Daneault, d. 

Christopher F. Gallagher, d. 
George L. Gamache, d. 
Litchfield, Howard S. Legallee, r. 
Manchester, 

Ward 1, Greta M. Ainley, r. 

Samuel Green, r. 

George A. Lang, r. 

James Pettigrew, r. and d. 

Ward 2, Harry J. Danforth, r. 

Joseph H. Geisel, r. 

Henry F. Goode, r. 

Charles W. Kimball, r. 

John Pillsbury, r. 
Ward 3, Nick Hart, d. 

Louis Israel Martel, d. 

Thomas F. Sullivan, d. 

John M. Tobin, d. 
Ward k, William J. Cullity, d. 

Thomas F. Nolan, d. 
*Patrick J. Winston, d. 
Ward 5, Stanley J. Betley, d. 

Joseph P. Healy, d. 

Thomas E. Manning, d. 

George W. Smith, d. 

Edward J. Walsh, d. 
Ward 6, Thomas Armstrong, r. 

Denis F. Casey, d. 

Edward D. Clancy, d. 

Joseph F. Ecker, d. 

Daniel J. Healy, d. 

Michael F. O'Connor, d. 
Ward 7, Edward T. LaFrance, d. 

Laurent A. LeBlanc, d. 

Charles J. Leclerc, d. 

Alonzo J. Tessier, d. 
Ward 8, Edward Champagne, d. 

Joseph T. Compagna, d. 

Eugene Delisle, Sr., d. 

George L. Lavoie, d. 

Adelard J. Pelissier, d. 



Ward 9, Beatrice Beaulieu, d. 

Edward W. Morris, d. 
Ward 10, Gerard J. Belanger, d. 
Alfred A. Bergeron, d. 
John J. Kearns, d. 
John W. King, d. 
Ward 11, George J. Hurley, d. 
George E. Lafond, d. 
Maurice H. Noel, d. 
Ward 12, Alphonse O. Levasseur, d. 
Edward T. Martel, d. 
John F. Maston, d. 
Joseph C. Nalette, d. 
Ward 13, Charles E. Daniel, d. 
Gerard J. DeGrace, d. 
Albert N. Dion, d. 
Lorenzo P. Gauthier, d. 
Hector J. Rousseau, d. 
Ward llf, James Christy, d. 

Roger J. Crowley, Sr., d. 
Marcel A. Vachon, d. 
Merrimack, Bert L. Peaslee, r. 
Milford, David Deans, Jr., r. 

William M. Falconer, r. 
Charles P. Hayward, r. 
Nashua, 

Ward 1, Martha Cole, r. 

Mabel Thompson Cooper, r. 
William A. Saunders, r. 
George W. Underbill, r. 
Ward 2, Henry J. Salvail, d. 

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

Hector J. Trombly, d. 
Ward If, Cornelius M. Brosnahan, d. 

James R. Griffin, d. 
Ward 5, Albert Maynard, d. 

George S. Pappagianis, d. 
Ward 6, John B. Dionne, d. 
Ernest Marcoux, d. 
Ward 7, Ralph W. Boisvert, d. 
Arthur J. Chartrain, d. 
Frank E. Ryan, d. 
Ward 8, Oscar P. Bissonnette, d. 
Arthur Bouley, d. 
Alfred P. Grandmaison, d. 
John Latour, d. 
Frank C. Sabluski, d. 
Ward 9, Paul E. Bouthillier, d. 
George J. Gingras, d. 
New Boston, Edward F. Locke, r. 
New Ipswich, William T. Thompson, r. 
Pelhatn, Alton M. Hodgman, r. 
Peterborough, Chester F. Dutton, r. 
Benjamin M. Rice, r. 
Weare, Scott F. Eastman, d. and r. 
Wilton, George G. Draper, Sr., r. 



XIV 



The Legislature of 1959 



CHESHIRE COUNTY 



Alstead, Peyton R. H. Washburn, r. 
Chesterfield, James E. O'Neil, r. 
Dublin, Belle F. Gowing, r. 
Fitzwilliam, Lewis R. Pike, r. and d. 
Gilsum, Arthur F. Turner, r. and d. 
Hillsdale, Clifford D. Stearns, r. 
Jaffrey, Anne B. Gordon, r. 
Carl C. Spofford, r. 
Keene, 

Ward 1, Charles P. Haley, r. 

Jeremiah J. Keating, d. 
Roy L. Terrill, r. 
Ward 2, James E. McCullough, r. 

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



Ward li, Ellen Faulkner, r. 

James B. Miskelly, r. 
Ward 5, Walter P. Kretowicz, d. 
Laurence M. Pickett, d. 
Marlborough, Wallace B. Oliver, r. 
Marlow, Roxie A. Forbes, r. 
Rindge, James F. Allen, r. 
Swanzey, J. Edward Bouvier, r. 

Jacob M. Hackler, r. 
Troy, Robert H. Congdon, d. 
Walpole, Louis S. Ballam, r. 

Robert L. Galloway, Sr., r. 
Westmoreland, John H. Terry, Jr., 

r. and d. 
Winchester, Forest A. Frost, r. 
John B. Sawyer, r. 



SULLIVAN COUNTY 



Charlestown, Martha McD. Frizzell, r. 
Claremont, 

Ward 1, Arthur L. Bradbury, r. 

William L. Gaffney, d. 

Amos E. Russell, r. 
Ward 2, George W. Angus, r. 

Sam J. Nahil, r. 

Marion L. Phillips, r. 
Ward 3, Adolph J. Burrows, d. 

Carmine F. D'Amante, d. 

Alton G. Desnoyer, d. 



Cornish, Fred Davis, r. 
Langdon, Arthvir G. Marx, r. 
Lempster, John A. Wirkkala, r. 
Newport, Elsie C. Bailey, d. 

Herbert E. Brown, r. 

Maurice J. Downing, d. 

Jesse R. Rowell, r. 
Plainfield, Tracy M. Spalding, r. 
Springfield, Seely W. Philbrick, r. 
Sunapee, George R. Merrifield, r. and d. 
Unity, Margaret B. DeLude, r. 



GRAFTON COUNTY 



Alexandria, Almon M. Bucklin, r. 
Ashland, Robert H. Eastman, r. 
Bath, Arthur H. Gilbert, Sr., r. 
Bethlehem, Malcolm J. Stevenson, r. 
Bristol, Bowdoin Plumer, r. 
Campton, Philip S. Willey, r. 
Canaan, Joseph L. Graham, r. 
Enfield, Isaac H. Sanborn, r. 
Hanover, David J. Bradley, r. 

Elizabeth W. Hayward, r. 

Robert S. Monahan, r. 

Genevieve S. Neale, d. 
Haverhill, Wilfred J. Larty, r. 

Norman A. McMeekin, r. 
Holdemess, Stanley A. Chamberlain, r. 
Landaff, George F. Clement, r. and d. 
Lebanon, 

Ward 1, George H. Beard, r. 
George H. Edson, d. 



Ward 2, Ernest R. Coutermarsh, d. 

John B. Guay, d. 
Ward 3, J. Daniel Porter, r. 

Gladys L. Whipple, r. 
Lincoln, George M. McGee, Sr., d. 
Lisbon, Rita Collyer, r. 
Littleton, Charles F. Armstrong, r. 
L. Fay Burrill, r. 
Fred Kelley, r. 
Lyman, Archie Birch, r. 
Lym,e, Harold W. Haskins, r. and d. 
Monroe, Katherine G. Johnson, r. 
Orford, Charles L. Cushman, r. 
Piermont, Meda L. Kinghorn, d. 
Plymouth, Kenneth G. Bell, r. 

Suzanne Loizeaux, r. 
Rumney, Jesse A. Barney, r. 
Thornton, Richard L. Bradley, r. 
Wentworth, Grover C. Breck, d. 
Woodstock, Dagmar Davis, r. and d. 



The Legislature of 1959 



xv 



coos COUNTY 



Berlin, 




Ward 1, 


Oliver A. Dussault, d. 




Guy J. Fortier, d. 




Philip H. Perrault, d. and r. 


Ward 2, 


Romeo Desilets, d. 




Frank H. Sheridan, d. 


Ward 3, 


Hilda C. F. Brungot, 




r. and d 




Marie A. Christiansen, 




r. and d 


Ward J,, 


Arthur A. Bouchard, d. 




Rebecca A. Gagnon, d. 




Clarence J. Lacasse, d. and r. 


Oolebrook, 


Harry N. Marsh, r. 


Columbia, 


Lovell V. Oakes, r. 



Dalton, William O. Emerson, r. 
Gorhani, Frank L. Crockett, r. 

George W. W. GraJiam, r. 
Jefferson, Phyllis A. Kimball, r. 
Lancaster, =' Arthur L. Simonds, r. 

Walter E. Swett, r. and d. 
Milan, R. Wilbur Potter, r. 
Northumberland, Walter O. Bushey, d. 
Robert B. Styles, d. 
Pittsburg, Harvey H. Converse, r. and d. 
Stark, Jerry W. Emery, r. 
Stewartstown, Claude J. Baker, r. 
Stratford, Bert Stinson, d. 
Whitcfield, Ada C. Taylor, r. 



Walter P. Tenney deceased, replaced by Victor B. Spollett, r. 

Harold L. Jones deceased. 

Harold B. Haggett deceased, replaced by Lyle N. Watson, r. 

Henry I. Burbank deceased. 

Lewis A. Nelson deceased, replaced by William L. Montgomery, d. 

Patrick J. Winston deceased, replaced by Walter J. Burke, d. 

Guy A. Swenson, Jr., resigned, replaced by Harold G. Gibson, r. 

Arthur L. Simonds resigned, replaced by Louis E. Bragg, r. and d. 



SPECIAL SESSION 

February 11-19, 1958 



CHA1*TER 1 



AN ACT RELATIVE TO EFFECTIVE DATE OF REGULATIONS FOR THE TAKING OF 
OYSTERS, CLAMS AND CLAM WORMS. 

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

1:1 Effective Date of Certain Regulations. The regulations pro- 
mulgated by the director of the fish and game department upon advice 
of the advisory committee on shore fisheries relative to taking of clams, 
clam worms and oysters, under the authority of RSA 211:62, shall be 
effective on the date of the passage of this act and shall remain in effect 
until superseded by other regulations of said director promulgated in 
accordance with the provisions of RSA 211:61 to 211:63. 

1:2 Takes Effect. This act shall take effect upon its passage. 
[Approved February 19, 1958] 
[Effective date February 19, 1958.] 



CHAPTER 2. 



AN ACT RELATIVE TO RATIFICATION OF DEED FROM THE STATE TO THE 

CITY OF Concord. 

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

2:1 Ratification of Conveyance. The deed of land in the city of 
Concord from the State of New Hampshire, by the governor and council, 
to the city of Concord, covering the so-called Concord Airport property, 
dated May 6, 1942, recorded in Merrimack County Registry vol. 650, 
page 255, is hereby ratified and confirmed. 

2 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved February 19, 1958] 
[Effective date February 19, 1958.] 



2 Chapter 3 [1958 

CHAPTER 3. 

AN ACT RELATIVE TO THE SALE OF THE PORTSMOUTH ARMORY. 

Be it enacied by the Senate and House of Representatives in Geyieral 
Court convened: 

3:1 Authorization for Sale. The g-overnor and council are hereby 
authorized to sell at private sale the Portsmouth armory and site to the 
city of Portsmouth at such price as they may determine to be fair and 
equitable as soon as the same is vacated by the National Guard of the 
state of New Hampshire in order to occupy a new armory in Portsmouth. 

3:2 Takes Effect. This act shall take effect upon its passag'e. 
[Approved February 19, 1958.] 
[Effective date February 19, 1958.] 



CHAPTER 4. 

AN ACT RELATIVE TO LICENSES TO MANUFACTURE LIQUOR. 

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

4:1 Licenses. Amend RSA 178:1 by striking out the words "two 
thousand" in line eight and inserting' in place thereof the words, five 
hundred, so that said section as amended shall read as follows : 

178:1 Manufacturers. The manufacture of liquor in this state 
shall be permitted under such regulations as the commission shall de- 
termine and under sucli terms as are not inconsistent with the provisions 
of the constitution of the United States or the statutes of the United 
States, but no liquor manufactured in this state by any manufacturer 
shall be sold or delivered in this state in any manner which is inconsist- 
ent with the provisions of this title. Each manufacturer of liquor shall 
pay an annual license fee of five hundred dollars. 

4:2 Takes Effect. This act shall take effect June 1, 1958. 
[Approved February 19, 1958.] 
[Effective date June 1, 1958.] 



1958] Chapter 5 3 

CHAPTER 5. 

AN ACT REESTABLISHING A FRANCHISE TAX ON CERTAIN UTILITIES TO 
REPLACE AN UNCONSTITUTIONAL TAX. 

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

5:1 Franchise Tax. Amend RSA by inserting after chapter 83 the 
following- new chapter : 

Chapter 83-A 
Franchise Tax 

83-A:l Terms Defined. The following terms when used in this 
chapter shall have the meanings set forth below, except when the con- 
text in which they are used requires a different meaning: 

I. "Commission" shall mean the state tax commission. 

II. "Director" shall mean the director of the division of interest 
and dividends of the state tax commission. 

III. "Income derived from the exercise of franchise" hereinafter 
referred to as "income" shall mean net utility operating income computed 
in accordance with the uniform classification of accounts and appurte- 
nant report forms as prescribed by the public utilities commission and in 
effect on date of passage of this chapter applicable to the particular class 
of utilities subject to this chapter, except that the amounts paid or pay- 
able the United States under the income tax provisions of the Federal 
Internal Revenue Code (Subtitle A, Title 26, USC.) shall not be allowed 
as a deduction in computing income, 

IV. "Net book value of the electrical or gas operating property" 
as used in section 7 of this chapter shall be computed by deducting from 
the amount of fixed capital-electric or gas, the amount of intangible 
property, general equipment, miscellaneous tangible property and un- 
finished construction all as said items are required to be reported and 
in accordance with the uniform classification of accounts of the public 
utilities commission applicable to the particular class of utility in effect 
on the date of passage of this chapter and by subtracting from the re- 
sultant figure (hereinafter referred to as the "amount of operating prop- 
erty") depreciation reserves applicable to the said amount of operating 
property. Said depreciation reserves applicable to the amount of opera- 
ting property located in New Hampshire shall be that percentage of total 
depreciation reserves as shall equal the percentage of the amount of 
operating property in New Hampshire to the total amount of operating 
property wherever located. 

83-A:2 Tax Imposed. Every person, partnership, association and 
corporation, except municipal coi-porations, engaged within this state as 
a public utility in the manufacture, generation, distribution, transmis- 



4 Chapter 5 [1958 

sion, or sale of gas or electric energy, shall pay to the state, annually, a 
special tax upon the franchise exercised by such utility, such tax to be 
assessed at a rate equal to four per cent of the income such utility de- 
rives from the exercise of such franchise in this state during the calendar 
year of assessment. 

83-A:3 Method of Assessment. On or before April first in each 
year in which such a public utility as the holder of such franchise exer- 
cises or proposes to exercise the extraordinary privileges conferred there- 
by, it shall file with the commission, on a form prescribed by the commis- 
sion, a statement of its estimated income for the current calendar year, 
together with such additional information as the commission shall re- 
quire. The liolder of a franchise shall report as the estimate of its income 
its actual income for the preceding year, unless the tax commission shall 
for good cause shown permit or require the use of another estimate. 

83-A:4 Payment of Tax. Each public utility subject to the tax 
herein imposed shall, not later than May first in each year pay to the 
director a tentative tax which shall be computed by applying the rate 
set forth in section 2 hereof to the amount reported as required by section 
3 ; provided, however, that when only a portion of the business of a public 
utility is conducted within this state the tax shall be computed on the 
estimated income as allocated by the commission under section 7 hereof. 
The time for payment may be extended by the commission as provided 
by section 6, or upon its own motion. 

83-A:5 Adjustment. As soon as may be after the termination of 
the calendar year, but in no case later than March 31st of the succeed- 
ing year, each public utility subject to a tax under this chapter with re- 
spect to said calendar year shall report its actual income for said calendar 
year to the commission. If said actual income shall exceed the amount 
upon which tlie tax was paid, the utility shall pay thereupon an addi- 
tional amount which shall be computed by applying the rate prescribed 
in section 2 hereof to said excess ; and if it shall appear that the tentative 
tax paid hereunder was greater than the amount actually payable, said 
excess payment shall be applied against any tax due in the succeeding 
year unless the utility requests a refund of said overpayment, in which 
event the commission shall so certify to the state treasurer, and the state 
treasurer shall thereupon refund the amount of the ovei-payment to the 
utility out of funds not otherwise appropriated. 

83-A:6 Extension of Time. If any public utility is unable to file 
a statement when due the commission, upon written application there- 
for, may grant an extension of time in which to file such statement and 
pay the tax, for a period of not exceeding thirty days. Further extensions 
may be granted upon written application therefor but no such extension 
shall prevent the accrual of interest unless the commission finds that the 



1958J Chapter 5 5 

reason such public utility cannot file a statement on time is beyond its 
control. 

83-A:7 Proportio'nate Value. Whenever only a portion of the 
business of a public utility is conducted within this state the commis- 
sion, in determining the amount of the income of such utility allocable 
to this state, may consider any pertinent evidence and shall also consider 
the following factors giving equal weight to each : (a) The percentage 
of the net book value of the electrical or gas operating property, used and 
useful in this state, determined from the uniform classification of 
accounts of the public utilities commission applicable to the particular 
class of utility at the close of the preceding calendar year to the total 
net book value of such operating property every wheie, on such date ; and 
(b) the percentage of the total amount of gas or electric energy pro- 
duced by it in this state available for transmission, distribution or sale 
for the preceding year to the total amount of gas or electric energy pro- 
duced and purchased by it for transmission, distribution, or sale eveiy- 
where for the same period. 

83-A:8 Failure to File. If any public utility shall neglect or fail 
to file a statement as herein provided, or shall file an incomplete or in- 
correct statement the commission may compute a tax based upon such 
evidence as it may be able to obtain and such tax shall be paid as herein 
provided. Payment of the tax shall not relieve the public utility from the 
payment of any penalty for failure to file a correct statement on time, 
or from the payment of interest upon any tax due. 

83-A:9 Penalty. If any public utility shall fail to file a statement 
when due, or shall file an incomplete or incorrect statement, it shall be 
subject to a penalty of twenty-five dollars for each day a full, complete 
and correct statement remains unfiled. Said penalty shall become in- 
cident to the tax and shall be collected with the tax. The commission may 
remit all or any portion of the penalty when it finds that there are miti- 
gating circumstances. 

83-A:10 Corrections and Revisions. If a tax has been computed 
by the commission because no statement was filed, or an incomplete or 
incorrect statement was filed, the commission may make such adjust- 
ments and corrections as may be necessary v/hen a full and complete 
statement is filed. Any utility aggrieved by a decision of the commission 
under this chapter may petition the commission for a hearing and after 
hearing the commission may make such order thereon as justice re- 
quires. The director shall collect any further tax, penalty and interest 
found to be due or the commission may abate any portion of the tax. 
interest and penalty that has been paid. If an abatement is granted re- 
fund shall be made in accordance with section 5 of this chapter. 

83-A:ll Later Tax. If, at any time within six years from April 



6 Chapter 5 [1958 

first in the year a tax is due, or the date a statement is filed, if it is not 
filed by said April first, the commission shall find that a utility failed to 
file a statement, or filed a false or incorrect statement or would have 
been liable for a tax or a greater tax than that paid, the commission, dur- 
ing such time, may compute a tax based upon the facts as they actually 
existed. The director shall collect such tax or additional tax and shall, 
if the commission has found that the failure to pay such tax or additional 
tax was due to the unjustified fault of the utility, collect such tax or 
additional tax with interest and penalties as herein provided. If, at any 
time within six years from April first of the year in which a tax is due, 
a utility shall find that it was not liable for the tax in the amount paid by 
it but v»^as liable for a tax of a lesser amount, it may make a WTitten re- 
quest of the commission for a refund or credit for the overpayment 
setting forth the reasons justifying the same; and the commission shiall 
have the same powers with respect to gi^anting such refund or credit as 
it has in the case of the overpayment of a tentative tax as provided in 
section 5 hereof. When the commission shall have rendered a decision 
thereon or if thirty days shall elapse from the date of receipt thereof and 
the commission shall have taken no action, then the utility shall have 
the right to request a rehearing and to appeal in the manner herein 
provided. 

83-A:12 Investigations. The commission, the director, an agent or 
employee of the commission may make an examination or investigation 
during the usual business hours of the books, accounts, records, papers, 
vouchers and documents of any public utility in respect to any matter 
relating hereto being examined or investigated. It shall be the duty of 
every officer, agent or employee of such public utility to exhibit all such 
things and to cooperate with the person making such examination or in- 
vestigation so far as possible to determine the truth and correctness of 
the thing or matter under consideration. 

83-A:13 Witnesses. The commission, or any one of them, or the 
director shall have the power to compel the attendance of witnesses and 
the production of any books, records, papers, vouchers, accounts and 
documents of any public utility believed by the commission to be liable 
for the payment of a tax under this chapter, or of any person believed to 
have information or knowledge pertinent to any matter under investi- 
gation or examination by the commission, at any hearing held pursuant 
to this chapter. 

83-A:14 Fees. The fees of witnesses required to attend any hear- 
ing shall be the same as those allowed witnesses in the superior court and 
shall be paid by the state. 

83-A:15 Appeal. Any utility aggrieved by a decision or order un- 
der the provisions hereof may appeal therefrom to the supreme court as 



1958 J Chapter 5 7 

provided in RSA 541, but such appeal shall not stay or delay payment of 
the tax unless the supreme court or any justice thereof shall so order. 

83-A:16 Interest. If any such tax is not paid when due, interest 
at the rate of ten per cent per annum shall be added thereto from the date 
due until the time of payment. 

83-A:17 Collection. The director shall possess all of the powers 
of a collector of taxes, as defined in RSA 80, to collect any overdue tax. 

83-A:18 Questions of Law. The commission may at any time re- 
serve, certify and transfer to the supreme court for decision any question 
of law w^hich maj' arise in connection with the administration of this 
chapter. 

83- A: 19 Application to Taxes Paj^able the First Year. Notwith- 
standing any other provisions of this chapter the tax due as of May 1, 
1958 shall be ten twelfths of the amount which would otherwise be due. 

83-A :20 Disposition of Revenue. The revenue derived hereunder 
shall be covered into the general funds of the state. 

83-A:21 Saving Clause. If any part or parts of this chapter shall 
be held to be invalid, such invalidity shall not affect the validity of the 
remaining parts of this chapter. 

5:2 Repeal. RSA 83 relative to franchise tax is hereby repealed. 

5:3 Effective Dates. The provisions of RSA 83-A as inserted by 
section 1 of this act shall be in effect for the collection of the franchise 
tax due as of May 1, 1958 and for the collection of said tax due as of 
May 1, 1959 but for succeeding years said chapter shall be suspended un- 
less the general court shall specifically enact legislation continuing said 
franchise tax and the provisions of said chapter. 

5:4 Study Committee. There shall be a special commission of five 
members, appointed as hereinafter provided, v^^hose duty shall be to 
study utility taxation including franchise taxes, and to make recom- 
mendations to the next session of the general court, by January 15, 1959, 
relative to the taxation of public utilities engaged in the manufacture, 
generation, distribution, transmission or sale of gas or electric energy. 
The speaker of the house of representatives shall appoint three members 
of said commission from among the membership of the house and the 
president of the senate shall appoint two members of said commission 
from among the membership of the senate. The members of said com- 
mission shall serve without compensation but may be reimbursed for 
actual expenses incurred in the performance of their duties hereunder. 

5:5 Takes Effect. This act shall take effect as of March 1, 1958 
and shall be effective as hereinbefore provided. 
[Approved February 19. 1958.] 
[Effective date March 1, 1958.] 



8 Chapter 6 [1958 

CHAPTER 6. 

AN ACT RELATIVE TO ADDITIONAL PERSONNEL FOR THE FISH AND GAME 
DEPARTMENT, STATE POLICE, MOTOR VEHICLE DEPARTMENT AND 
RECREATION DIVISION IN ORDER TO PUT INTO EFFECT THE 
REDUCED WORK WEEK FOR CERTAIN STATE EMPLOYEES; 
FOR USE OF STATE FUNDS FOR INCIDENTIAL EX- 
PENSES CONNECTED THEREWITH; MAKING 
APPROPRIATION FOR THE TAX STUDY COM- 
MISSION AND FOR EXPENSES FOR 
THE SPECIAL SESSION OF THE 
GENERAL COURT. 

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

6:1 Reduced Work Week. In order that the provisions of 1957, 
274:10, 12 to reduce the work week of certain classified state employees 
may be carried out the amounts required for the employment of additional 
personnel, and incidental expenses connected therewith, by the motor 
vehicle department shall be a charge upon the highway reserve fund 
established by RSA 228:11, as inserted by 1957, 289:7; of the amounts 
required for the employment of additional personnel, and incidental ex- 
penses connected therewith, by tlie department of state police eighty-five 
per cent shall be a charge upon said highway reserve fund and the balance 
shall be a charge upon the funds available by 1957, 274:14; the amounts 
required for the employment of additional personnel, and incidental ex- 
penses connected therewith, by the fish and game department shall be a 
charge upon the unexpended balance of the fish and game fund as of 
June 30, 1958; and the amounts required for the employment of addi- 
tional personnel, and incidental expenses connected therewith, by the 
recreation division of the forestry and recreation department, shall be a 
charge upon the funds in the state recreational fund, as established by 
RSA 219 :20. 

6:2 Terms Defined. The term "incidental expenses" as used herein 
shall mean additional expenses for current expenses, travel, equipment, 
OASI and retirement payments necessitated by the employment of addi- 
tional personnel. 

6:3 Use of Funds. Amend 1957, 274:14 by inserting after the 
words "additional personnel" the words, and the payment of incidental 
expenses connected therewith, so that said section as amended shall read 
as follows: 274:14 Salary Adjustment Fimd. Notwithstanding any 
other provisions 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 pur- 



1958J Chapter 6 9 

pose of the employment of additional personnel, and the payment of in- 
cidental expenses connected therewith, to effect the purpose of this act 
to reduce the work week. 

6 :4 Effect on Other Statutes. Any acts or part of acts inconsist- 
ent with the provisions of sections 1 to 4 of tliis act are hereby suspended 
during the time said sections are in effect. 

6:5 Utility Taxation Study Commission. There is hereby appro- 
priated the sum of twent3''-fi[ve hundred dollars to be expended by the 
commission established at this special session of the legislature to study 
taxation of gas and electric utilities. Said commission may employ ex- 
perts and other assistants as may be necessary in the performance of 
their duties in making said study. The governor is authorized to draw his 
warrants for the sum hereby appropriated out of any money in the 
treasury not otherwise appropriated. 

6:6 Payment for Expenses of Personnel for Special Session. The 

following sums shall be allowed and paid to the following named persons 
for services in connection with the specicil session of the legislature and 
said sums shall be a charge upon the appropriation for the legislature: 
That Lloyd E. Fogg, sergeant-at-arms.. be allowed the sum of $143 ; that 
Nathan A. Tirrell, sergeant-at-arms of the senate, be allowed the sum 
of $132; that Benjamin F. Greer, clerk of the senate, be allowed the sum 
of $200 ; that Francis W. Tolman, assistant clerk of the house, be allowed 
the sum of $190; that Maurice J. Murphy, Jr., counsel to the senate, be 
allowed the sum of $200; that Alice V, Flanders, chief house legislative 
service assistant, be allowed the sum of $196; that Esther T. Hurd, 
senate recorder, be allowed the sum of $144 ; that Marion C. Colby, house 
legislative service assistant, be allowed the sum of $195 ; that Margaret 
L. Ford, house legislative service assistant, be allowed the sum of $154; 
that Virginia B. Hall, senate legislative service assistant, be allowed the 
sum of $114; that Cynthia H. Kirby, senate legislative service assistant, 
be allowed the sum of $114; that Helen Y. Andrews, judiciary legislative 
service assistant, be allowed the sum of $156; that Eleanor C. Brown, 
appropriations legislative service assistant, be allowed the sum of $144; 
that Helene H. Wester, speaker's legislative service assistant, be allowed 
the sum of $165; that Alice P. Pinkham, mileage clerk, be allowed the 
sum of $204 ; that Fred C. Abbott, house custodian of mails and supplies, 
be allowed the sum of $117; that Maurice F. Youmans, senate messenger 
acting as custodian of mails and supplies, be allowed the sum of $90 ; that 
Mabel L. Richardson, Bertha E. Boutwell, Harry J. E. Robinson, Ernest 
C. Pillsbury, doorkeepers of the house, be allowed the sum of $90 each ; 
that Daniel E. Cronin, senate doorkeeper, be allowed the sum of $90; 
that J. Edward Silva, warden of the coat room, be allowed the sum of 
$90 ; that Mellen B. Benson, assistant warden of the coat room, be allowed 
the sum of $90 ; that Edith B. Gardner, telephone messenger of the house, 



10 Chapter 7 [1958 

be allowed the sum of $90 ; that Joseph Means, speaker's page, be allowed 
the sum of $90; that Forrest A. Bucklin, library messenger, be allowed 
the sum of $90 ; that Elmer H. Downs, James Martin, H. Furber Jewett, 
George J. Heon and Herbert Willard, pages, be allowed the sum of $90 
each; that Carl S. Adams, judiciary messenger, be allowed the sum of 
$90 ; that William Palfrey, appropriations messenger, be allowed the sum 
of $90; that Oney Russell, clerk's messenger, be allowed the sum of $90; 
that George T. Ray, Jr., be allowed the sum of $100 for the preparation 
of the permanent journal and the indexing thereof; that Raymond K. 
Perkins, governor's legislative counsel, be allowed the sum of $900 ; that 
Mildred Whittey, stenogi'apher, be allowed the sum of $25; that Marjorie 
M. Greene, stenographer, be allowed the sum of $25; that Telfer Mook, 
chaplain, be allowed the sum of $90; that superintendent of buildings 
and grounds be allowed for additional janitor service the sum of $315.81. 

6:7 Takes Effect. The provisions of sections 1 to 4 inclusive of 
this act shall take effect as of July 1, 1958, and shall be effective until 
June 30, 1959; the remaining provisions of this act shall take effect up- 
on the passage of this act. 
[Approved February 19, 1958.] 
[Effective date Sections 1 to 4 Incl. July 1, 1958.] 
[Remaining Provisions February 19, 1958.] 



CHAPTER 7. 

JOINT RESOLUTION IN FAVOR OF HENRY C. DUKE. 

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

That the sum of seven thousand dollars is hereby appropriated to 
be expended by the state treasurer to the order of Henry C. Duke as a 
reimbursement for wrongful confinement, said payments to be as 
follows : The sum of two thousand five hundred dollars upon the passage 
of this resolution and the balance of said sum at the rate of one hundred 
and twenty-five dollars a month for a period of thirty-six months. The 
governor is authorized to draw his warrants for the sums hereby appro- 
priated out of any money in the treasury not otherwise appropriated. 
[Approved February 19, 1958.] 



LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 

JANUARY SESSION OF 1959 



CHAPTER 1. 

AN ACT RELATING TO DOGS. 

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

1:1 Stealing or Poisoning Dogs, etc. Amend RSA 466 by insert- 
ing after section 42 the following new sections: 466:42-a Stealing 
Dogs, Etc. Whoever wrongfully removes the collar from or steals a dog 
licensed and collared as aforesaid shall be fined not more than fifty dol- 
lars. Whoever distributes or exposes a poisonous substance, with intent 
that the same shall be eaten by any dog, shall be fined not less than ten 
nor more than fifty dollars. 

466:42-b Civil Recovery. Whoever wrongfully kills or maims, 
entices or caiTies away a licensed dog shall be liable to its owner for its 
value in a civil proceeding. 

1 :2 Repeal. RSA 466 :42, relating to stealing dogs, etc., is hereby 
repealed. 

1:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved February 5, 1959.] 
[Effective date April 6, 1959.] 



CHAPTER 2 

AN ACT RELATIVE TO GIVING SECURITY IN COURT PROCEEDINGS. 

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

2:1 Statutory Construction. Amend RSA 21 by inserting after 
section 25 the following new section: 21:25-a Sufficient Sureties. 

Whenever a person is required to recognize or give bond "with sufficient 



12 Chapter 3 [1959 

sureties," with "corporate sureties," or "sufficient bond" or "give 
security" in any court proceeding the deposit of cash in the required 
amount shall be deemed sufficient. 

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

[Approved February 6, 1959.] 
[Effective date April 7, 1959.] 



CHAPTER 3 



AN ACT PROVIDING FOR COMPETITIVE BIDDING ON COUNTY SALES 
OF PERSONAL PROPERTY. 

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

3:1 Personal Property Sales by County. Amend RSA 28 by in- 
serting after section 8 the following new section: 28:8-a Competitive 
Bidding. Any sale of personal property made by a county where the 
estimated value thereof is in excess of three hundred dollars shall be 
by competitive bidding, provided that the county commissioners by 
unanimous vote may waive the provisions for such bidding. In case the 
commissioners so vote a copy of such action shall be recorded in their 
offices with a statement of the reasons therefor and such record shall 
be open to public inspection. 

3:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved February 11, 1959] 
[Effective date April 12, 1959] 



CHAPTER 4. 



AN ACT RELATING TO PAYMENTS TO CITIES AND TOWNS BY 
MUNICIPAL COXniTS. 

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

4 :1 Court Receipts. Amend RSA 502 : 15 by striking out the words 
"such payments" in the first line and inserting in place thereof the words, 
all payments due the city or town treasurer, so that said section as 
amended shall read as follows: 502:15 Payments to Cities or Towns. 
All payments due the city or town treasurer shall be made montlily, on or 
before the fifth day of each month, and shall cover the net receipts as 



1959] Chapter 5 13 

aforesaid of the said court for the month preceding, with a detailed 
statement of the amount, date, and from whom all money has been re- 
ceived. 

4:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved February 17, 1959.1 
[Effective date April 18, 1959.] 



CHAPTER 5. 

AN ACT RELATING TO NONSUPPORT. 

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

5:1 Support. Amend RSA 460:23 (supp) as amended by 1955, 
262:1, by striking- out the word "and" in the fifth line and inserting in 
place thereof the word, or, so that said section as amended shall read as 
follows: 460:23 Neglect by Husband or Father. If any husband or 
father shall neglect to maintain his wife or children when such wife or 
children are dependent upon his earnings for support, or neglects his em- 
ployment or misspends his earnings so as not to provide for the support 
of his wife or children, he shall be imprisoned not more than one year, 
or fined not more than one hundred dollars, or both ; such fine, if any, to 
be paid or applied in whole or in part to the support of the wife or children 
as the court may direct. 

5:2 Offenses. Amend RSA 570:25 by striking out the v/ords, "or 
a person who so neglects his employment or misspends his earnings as 
not to provide properly for the support of himself and family" in lines 
six, seven and eight, so that said section as amended shall read as follows : 
570:25 Vagabonds, etc. A vagabond or disorderly person, a person go- 
ing about begging, a person using any unlawful game or play, a person 
pretending to have knowledge in physiognomy or palmistry, a person 
pretending, for money, to tell destinies or fortunes or to discover by 
any spell or secret art where lost or stolen property may be found, a 
common drunkard, pilferer, or person wanton and lascivious in speech 
or behavior, shall be fined not more than one hundred dollars, or im- 
prisoned not more than six months, or both. 

5:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved February 20, 1959.] 
[Effective date April 21, 1959.] 



14 Chapter 6 [1959 

CHAPTER 6. 

AN ACT INCREASING THE SALARY OF THE CHESHIRE COUNTY ATTORNEY. 

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

6:1 Cheshire County Attorney. Amend RSA 7:35 (supp) as 
amended by 1955, 247:2, 1957, 34:1, 1957, 211:1, and 1957, 263:1, by 
striking out the words "In Cheshire, two thousand dollars" and inserting 
in place thereof the words. In Cheshire, three thousand dollars, so that 
said section as amended shall read as follows: 7:35 Salaries. The 
annual salaries of the county attornej^s 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-eight hundred dollars. 

In Cheshire, three thousand dollars. 

In Sullivan, two thousand dollars. 

In Grafton, twenty-four hundred dollars. 

In Coos, twenty-four hundred dollars. 

6 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved February 24, 1959.] 
[Effective date February 24, 1959.] 



CHAPTER 7 



AN ACT INCREASING THE SALARY OF THE JUSTICE OF THE 
PORTSMOUTH MUNICIPAL COURT. 

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

7:1 Portsmouth Municipal Court. Amend paragraph 1 of RSA 
502:7 (supp) as amended by 1955, 133:1; 182:1; 279:1; 296:1; 1957, 
66:1; 83:1; 108:1; 125:1; 175:1; 209:1; 227:1; 234:1; 243:1; by strik- 
ing out the words " In Portsmouth, three thousand dollars" and inserting 
in place thereof the words. In Portsmouth, three thousand five 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: 



1959] Chapter 8 15 

In Manchester, five thousand one hundred dollars; 

In Nashua, four thousand dollars ; 

In Concord, three thousand five hundred dollars; 

In Portsmouth, three thousand five hundred dollars; 

In Dover, two thousand five 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 eight hundred dollars ; 

In Lebanon, one thousand five hundred dollars ; 

In Newport, one thousand one hundred and fifty dollars ; 

In Derry, twelve hundred dollars; 

In Franklin, one thousand two hundred dollars ; 

In Exeter, twelve hundred dollars ; 

In Somersworth, eig"ht hundred dollars ; 

In Littleton, eight hundred dollars ; 

In Hampton, one thousand dollars; 

In Milf ord, six hundred dollars ; 

In Haverhill, eight hundred dollars; 

In Salem, one thousand dollars. 

7:2 Takes Effect. This act shall take efltect sixty days after its 
passage. 

[Approved March 4, 1959] 
[Effective date May 3, 1959] 



CHAPTER 8 



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: 

8:1 Special Heaid Tax. There is hereby levied and assessed in 
1959 and 1960 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. 

8:2 Resident Defined. The word "resident" as used herein shall 
mean a person, whether a citizen or an alien, except paupers and in- 
sane persons, who has resided in this state for at least six months next 
preceding the date of each assessment of the head tax hereunder. 

8:3 Time of Payment. Said head tax shall be assessed upon 
April 1, 1959, and April 1, 1960, and payable upon demand on or after 
each of said dates. 



16 Chapter 8 [1959 

8:4 Collection. The selectmen of towns and assessors of cities 
rihall on or before June 1, 1959 and June 1, 1960, make a list of all head 
taxes by them assessed against residents of their respective towns and 
cities and commit the same together with a warrant under their hands 
and seals to the collector of taxes for such town or city directing said 
collector to collect such head taxes on or before December first next 
following and keep the same in a special account, and monthly, or 
oftener, pay the same over to the 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 prescribed 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. 

8:5 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. 

8:6 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, 39:1, 
2, 50:17, 125:1 and 1957, 13 shall apply to the special head tax assessed 
hereunder. 

8:7 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. 

8:8 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. 

8:9 Payment to State. On or before the fifteenth day of the 
months of September, December, March and June, each town and citj'' 
shall cause its tax collector to certify sucli information as the state 
treasurer shall require and the treasurer to pay over to the state 
treasurer all special head taxes and penalties collected during the pre- 
ceding 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 thirtj' 
per cent of the sum so deducted shall be paid to said collector for his 
services in collecting said head taxes. If any town or city shall fail to 
make its payment when due the deduction of the ten per cent to be re- 
tained by it shall be reduced by one quarter of one per cent for each 
week or part thereof said payment is overdue. 



1959] Chapter 8 17 

8:10 Final Payment. Each town and city shall cause its treasurer 
on the fifteenth 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 provided that the total deduction retained from all pay- 
ments to the state treasurer shall not exceed ten per cent of the total 
amount of the original warrant less the amount of all lawful abate- 
ments certified to the state treasurer. If the payment is not made as 
above provided the state treasurer shall withhold the amount of any 
head taxes and penalties due to the state for which the town or city 
may be liable, from any amounts payable by the state to the city or 
town failing to make the payments of head taxes as aforesaid. The state 
treasurer shall not pay to any city or town any amounts that may be 
due to it from the state until all payments of head taxes then due have 
been paid to him. 

8:11 Extents. The state treasurer shall also issue his extent 
lor the amounts of all head taxes and penalties which have been collected 
and not remitted by any town or city as provided herein. 

8 :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 hard- 
ship and inability to collect the same to the tax commission for re- 
view. 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 abate- 
ments so disallowed. 

8:13 Supplementary Bond of Collector. Whenever the tax com- 
mission deems it necessary, a collector of taxes or town manager may be 
required to furnish a further and additional bond beyond that required 
by other provisions of law with sufficient sureties, in such form and 
amount as the commission may approve. The premiums shall be paid 
by the state. 

8:14 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 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 



18 Chapter 9 [1959 

of such supplies, materials and postage by city or town has been pre- 
viously approved by the tax commission. The expenses incurred or 
reimbursements 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. 

8:15 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 com- 
pensation 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. 

8:16 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. 

8:17 Refund of Tax Paid. If it shall appear that a person has 
paid a head tax for which he was not liable and said tax has been paid 
to the state treasurer by the town or city where it was collected, the 
state treasurer, after investigation by the tax commission, upon order 
of the tax commission, shall pay to the person who paid the tax the 
amount of the tax paid, provided application therefor is made to the 
tax commission on or before June thirtieth in the year next following 
the date of assessment. 

8:18 Application of Statutes. No person obtaining an abatement 
under section 12 of this act shall for that action be precluded from 
voting under section 1 of chapter 54 RSA. 

8:19 Takes Effect. This act shall take effect upon April 1, 1959. 
[Approved March 4, 1959] 
[Effective date April 1, 1959] 



CHAPTER 9 



AN ACT RELATIVE TO' THE DESTRUCTION OF RECORDS OF THE 
TEACHERS' RETIREMENT SYSTEM. 

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

9:1 Teachers' Retirement System. Amend RSA 192 by insert- 
ing after section 10 thereof the following new section: 192:10-a De- 
struction of Records. The board of trustees may destroy any records, 



1959] Chapter 10 19 

reports or miscellaneous papers which have been on file for more than 
six years and which in the opinion of the board are no longer of value 
to the state. 

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

[Approved March 4, 1959] 
[Effective date May 3, 1959] 



CHAPTER 10. 



AN ACT PROVIDING ASSISTANCE TO CERTAIN TOWNS FOR THE RELOCATION OF 
TOWN ROADS AFFECTED BY THE CONSTRUCTION OF THE 
HOPKINTON-EVERETT FLOOD CONTROL PROJECT. 

Whereas, the federal government is providing funds for the con- 
struction of the so-called Hopkinton-Everett Flood Control project, and 

Whereas, in connection with said construction the federal govern- 
ment will reimburse the towns for relocation of town roads but the 
federal government desires the state to perform certain services for the 
towns, and 

Whereas, since the said construction is about to begin it is impera- 
tive that the state give its consent to this procedure at the earliest possible 
time, now, therefore 

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

10:1 Relocation of Certain Town Roads. The commissioner of public 
works and highways is hereby authorized in connection with the re- 
location of any town roads in the towns of Weare, Hopkinton, Dunbarton 
and any other towns affected thereby necessitated by the construction, 
by the United States government, of the Hopkinton-Everett Flood Con- 
trol Project, to: 

I. Enter into an agreement with the towns of Weare, Hopkinton, 
Dunbarton and any other towns aifected thereby to perform all engineer- 
ing functions, plan rights of way, advertise for bids, and prepare and 
enter into contracts for, and supervise, the construction of such relocated 
town roads; 

H. Perform all engineering functions, plan rights of way, adver- 
tise for bids, and prepare and enter into contracts for, and supervise, 
the construction of such relocated town roads; 

HI. Expend such highway funds as are necessary to perform all 
engineering functions, plan rights of way, advertise for bids, and prepare 



20 Chapter 11 [1959 

and enter into contracts for, and supervise, the construction of such 
relocated town roads; 

IV, Enter into agreements with the selectmen of the towns of 
Weare, Hopkinton, Dunbarton and any other towns affected thereby for 
reimbursement to the state of New Hampshire by said towns for any and 
all funds expended by the state of New Hampshire in connection with the 
performance of engineering- functions, plan rights of way, advertising for 
bids, and preparing and entering into contracts for and supervising, the 
construction of town roads relocated as a result of the Hopkinton-Everett 
Flood Control Project. 

10:2 Limitation. That no state funds shall be expended by the 
commissioner of public works and highways until agreements set forth 
in paragraph IV of section 1 hereof have been entered into. 

10:3 Town Liability. That the towns of Weare, Hopkinton and 
Dunbarton and any other town entering into agreements with the com- 
missioner of public works and highways as provided in paragraph IV of 
section 1 hereof shall be liable to the state of New Hampshire for all 
funds expended by the state of New Hampshire in connection with the 
relocation of town roads necessitated by the construction of the Hopkin- 
ton-Everett Flood Control Project notwithstanding the fact that the said 
towns have not been reimbursed by the United States government for the 
relocation of any or all of the said town roads. 

10 :4 Takes Effect. This act shall take effect upon its passage. 
[Approved March 11, 1959] 
[Effective date March 11, 1959] 



CHAPTER 11. 

AN ACT RELATIVE TO SALE OF BROOK TROUT AS FOOD IN RETAIL FOOD STORES. 

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

11 :1 Brook Trout, Sale of. Amend RSA 212 :30 (supp) as amended 
by 1955, 33:1, by inserting after the word "hotels" in the second line the 
words, retail food stores, so that said section as amended shall read as 
follows: 212:30 Sale of Brook Trout. Brook trout raised by any such 
licensee may be possessed, bought and sold for use as food in hotels, re- 
tail food stores and restaurants, provided, however, that there shall be 
attached to each fish or part thereof so possessed, bought or sold, a special 
tag provided by the director, which tag shall remain attached to the fish 
or part thereof until immediately prior to cooking. The director shall 
make tags required hereunder available to licensees at a nominal charge. 



1959] Chapter 12 21 

11:2 Retail Food Stores. Amend RSA 212 :30-a (supp) as inserted 
by 1955, 33 :2, by inserting after the word "hotels" in the third line the 
words, retail food stores, so that said section as amended shall read as 
follows : 212 :30-a Sale of Brook Trout Raised Outside of State. Brook 
trout raised outside the state, if frozen, may be possessed, bought and 
sold for use as food in hotels, retail food stores and restaurants within 
the state, provided they be tagged by a tag approved by the director, 
which tag shall remain attached to the fish or part thereof until immedi- 
ately prior to cooking. Out-of-state, and in-state wholesalers who wish 
to sell frozen brook trout in this state must first procure a wholesaler's 
license to do so, the fee for which shall be five dollars, and which shall be 
renewed at the beginning of each calendar year. The director is author- 
ized to make tags available to wholesale licensees at a nominal charge. 

11 :3 Takes Effect. This act shall take eif ect sixty days after its 
passage. 

[Approved March 11, 1959] 
[Effective date May 10, 1959] 



CHAPTER 12. 

AN ACT RELATIVE TO COUNTY ATTORNEYS. 

Whereas the Constitution (Part II, Article 71) was amended to pro- 
vide that county solicitors be designated as county attorneys ; and 

Whereas said constitutional amendment became effective on No- 
vember 19, 1958 ; and 

Whereas the New Hampshire Revised Statutes Annotated should be 
amended to conform to the said constitutional amendment, now therefore 

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

12:1 Statutory Construction. Amend RSA 21 by inserting after 
section 27 the following new section : 21 :27-a County Attorney. The 

words "county solicitor" or the word "solicitor" when referring to the 
county law official, shall mean the county attorney. 

12 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 11, 1959] 
[Effective date May 10, 1959] 



22 Chapter 13 [1959 

CHAPTER 13. 

AN ACT RELATIVE TO BARBERING SCHOOLS AND BARBERING INSTRUCTORS. 

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

13:1 Barbering Schools. Amend RSA 313 by inserting after sec- 
tion 21, the following new sections: 313:21-a Educational Require- 
ments. In addition to the requirements of section 21, the board shall 
not issue a certificate of registration unless the school has minimum re- 
quirements of a continuous course of study of one thousand hours dis- 
tributed over a period of not less than six months including practical 
demonstrations, written and oral tests and instruction in sanitation, 
sterihzation and such other subjects as are required by the board. Each 
approved school shall have in good working order all apparatus and equip- 
ment for the full and ready teaching of all subjects included in the re- 
quired curriculum. A monthly report of attendance, study, practice and 
hours attested to be correct by the signature of both the student and in- 
structor shall be mailed to the board at the end of each month. All records 
of students progress in the school shall be open for inspection by mem- 
bers of the board at any time during class hours. Schools must provide 
a separate room for classrooms and instructors. Floors must have wash- 
able coverings. 

313:21-b Barbering Instructors. No person shall instruct in any 
school of barbering unless he has been approved and licensed as a barber- 
ing instructor by the board after oral or written examination or both as 
determined by the board. No person shall be approved and licensed as a 
barbering instructor unless (1) he shall have completed two years of 
high school or had an education equivalent thereto and (2) shall have 
completed three years of actual employment in a licensed shop. The fee 
for examination for barbering instructor shall be five dollars which fee 
shall include the issuance of a certificate as barbering instructor. No per- 
son shall be entitled to take the examination or receive an original certifi- 
cate as barbering instructor unless he has at the time a valid certificate 
or registration to practice barbering. The annual fee for renewals of cer- 
tificate as barbering instructor shall be two dollars. 

313:21-c Rules and Regulations. The board is authorized to adopt 
uniform and reasonable rules and regulations in relation to location, 
appointment, equipment, appliances, curriculum and conduct of all bar- 
bering schools. 

313 :21-d Penalty. The violation of or wilful failure to comply with 
any of the provisions hereof or of any rule or regulation of the board rela- 
tive to barbering schools shall constitute a misdemeanor punishable by a 
fine of not less than twenty-five dollars nor more than two hundred dollars. 



1969] Chapters 14, 15 23 

13:2 Takes Effect. This act shall take effect as of July 1, 1959. 
No renewals for barbering schools shall be issued after said date unless 
and until the requirements hereof have been met. Provided, however, that 
the board may give examination for barbering instructor certificate prior 
to July 1, 1959, but certificates therefor shall not be effective until July 1, 
1959. 

[Approved March 11, 1959] 
[Effective date July 1, 1959] 



CHAPTER 14. 



AN ACT TO CHANGE THE CLASSIFICATION OF THE CROTCHED MOUNTAIN 

Road in Greenfield. 

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

14:1 Change in Classification. The highway known as the Crotched 
Mountain Road in the town of Greenfield, beginning at the intersection 
with the Bennington road and thence running northeasterly to a point 
presently known as the west entrance of the Crotched Mountain Rehabili- 
tation Center, shall hereafter be classified as a class II highway. 

14 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 11, 1959] 
[Effective date March 11, 1959] 



CHAPTER 15. 

AN ACT RELATIVE TO INFORMATION REQUIRED ON LOCAL TAX BILLS. 

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

15:1 Notice to Taxpayer. Amend RSA 76 by inserting after sec- 
tion 11 the following new section: 76:ll-a Information Required. 

The tax bill which is sent to every person taxed, or his agent, if known, 
as provided in section 11, shall show the rate for municipal, school and 
county taxes separately. Any town, through its selectmen, may request 
that the tax commission compute the rates which will appear on the tax 
bills as provided hereunder and upon said request the tax commission 
shall furnish the required information. 

15:2 Takes Effect. This act shall take effect January 1, 1960. 
[Approved March 11, 1959] 
[Effective date January 1, 1960] 



24 Chapters 16, 17 [1959 

CHAPTER 16. 

AN ACT RELATIVE TO EXECUTORS OF ESTATES. 

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

16:1 Charitable Interests. Amend RSA 556:27 by adding at the 
end thereof the following : The attorney general or the director of the 
register of charitable trusts shall be a necessary party to any agreement 
between an executor and creditors or legatees or heirs-at-law whenever 
such agreement may directly or indirectly affect a charitable interest, 
residuary or otherwise, created in any estate, so that said section as 
amended shall read as follows: 556:27 Adjustment of Claims. The 
probate court may authorize administrators and guardians to adjust by 
compromise or arbitration any controversy between them and persons 
making claims against the estates in their hands. The attorney general or 
the director of the register of charitable trusts shall be a necessary party 
to any agreement between an executor and creditors or legatees or heirs- 
at-law whenever such agreement may directly or indirectly affect a chari- 
table interest, residuary or otherwise, created in any estate. 

16:2 Takes Efifect. This act shall take effect sixty days after its 
passage. 

[Approved March 11, 1959] 
[Effective date May 10, 1959] 



CHAPTER 17. 



an act relative to classification of a highway in the town of 

Haverhill. 

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

17 :1 Highway in Haverhill. The highway in the town of Haverhill 
running from the junction of Route 10 and U. S. route 302 westerly 
through the village of Woodsville to the Vermont boundary now desig- 
nated as U. S. Route 302 shall hereafter be classified as a Class H high- 
way. 

17:2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 11, 1959] 
[Effective date March 11, 1959] 



1959 J Chapters 18, 19 25 

CHAPTER 18. 

AN ACT RELATIVE TO CIVIL DEFENSE POWERS OF THE GOVERNOR TO PROVIDE 
EMERGENCY LINES OF SUCCESSION OF APPOINTIVE STATE OFFICES. 

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

18 :1 Civil Defense Powers of the Governor. Amend RSA 107 :6 by 
inserting- after paragrapli I the following new paragraph : I-a. To pro- 
vide by regulation emergency lines of succession to such appointive offices 
in the state government as the governor in his discretion deems to be 
necessary to insure reasonable continuity of state government in the 
event of disaster. 

18 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 17, 1959] 
[Effective date March 17, 1959] 



CHAPTER 19. 

AN ACT RELATING TO BAIL AND RECOGNIZANCES AND JUSTICES OF THE PEACE. 

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

19:1 Attested Copies. Amend RSA 597:10 (supp) as amended by 
1957, 71:2, by striking out the words "or justice" in the second and third 
lines so that said section as amended shall read as follov/s: 597:10 
Copies, on Appeal. In case of appeal the municipal court shall cause true 
and attested copies of the process, records, and recognizances, including 
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. 

19:2 Repeal. RSA 502:19, relative to criminal jurisdiction of 
justices of the peace, is hereby repealed. 

19:3 Municipal Court. Amend RSA 502 as amended by 1957, 
244:1 by inserting after section 50 the following new section: 502:50-a 
Certificates, etc. 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. 

19 :4 Repeal. RSA 501-A :2, as inserted by 1957, 244 :1, relating to 
fees of clerk of municipal court, is hereby repealed. 

19:5 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 17, 1959] 
[Effective date May 16, 1959] 



26 Chapter 20 [1959 

CHAPTER 20. 

AN ACT RELATIVE TO WITNESS FEES IN CRIMINAL CASES. 

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

20:1 Fees in Bind Over Proceedings. Amend RSA 592-A:12 
(supp) as inserted by Laws of 1957, 244:8 by adding after the words "as 
provided in RSA 502:14" the following: provided, however, that the 
county upon written approval thereof by the county attorney shall re- 
imburse the municipal court monthly for all witness fees in excess of one 
hundred dollars incurred in any criminal case exceeding the jurisdiction 
of the court to try and in which the hearing is for the purpose of de- 
termining probable cause to bind over the respondent to the superior 
court, so that said section as amended shall read as follows: 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 en- 
titled 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 wit- 
ness fees monthly to all persons who are entitled to such fees as appears 
by said register. The payment of such witness fees by the clerk of muni- 
cipal courts shall be made out of moneys collected by the court as pro- 
vided in RSA 502:14, provided, however, that the county upon written 
approval thereof by the county attorney shall reimburse the municipal 
court monthly for all witness fees in excess of one hundred dollars in- 
curred in any criminal case exceeding the jurisdiction of the court to try 
and in which the hearing is for the purpose of determining probable cause 
to bind over the respondent to the superior court. The payment of such 
witness fees in the superior court shall be a charge against the county. 

20:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 17, 1959] 
[Effective date May 16, 1959] 



1959] Chapters 21, 22 27 

CHAPTER 21. 

AN ACT RELATING TO A BRIDGE OR BRIDGES ACROSS THE MERRIMACK RiVER 
IN THE VICINITY OF NASHUA. 

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

21:1 Study Authorized. The commissioner of public works and 
highways is authorized and directed to make a study of the necessity, 
location and method of financing- of bridge or bridges across the Mem- 
mack River in the vicinity of Nashua. 

21:2 Federal Assistance. The commissioner of public works and 
highways is authorized to use available federal funds for the study. 

21:3 Report. The commissioner of public works and highways 
shall make a report of the findings of the study to the 1961 session of the 
general court. 

21:4 Takes Effect. This act shall take effect as of July 1, 1959. 
[Approved March 17, 1959] 
[Effective date July 1, 1959] 



CHAPTER 22. 



AN ACT TO PROVIDE EMERGENCY RELIEF FOR CERTAIN SCHOOL DISTRICTS 

WITH FUNDS ON DEPOSIT IN THE VALLEY TRUST COMPANY 

OF PENACOOK. 

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

22:1 Emergency Relief. School boards of school districts which 
had funds on deposit in the Valley Trust Company bank of Penacook when 
that institution was closed on June 24, 1958, by order of the state bank 
commissioner are hereby authorized to borrow money through the issu- 
ance of notes to meet the emergency caused by said funds being held un- 
available to pay school district expenses. This authorization shall be con- 
sidered sufficient to permit the school boards involved to incur indebted- 
ness, subject to the limitations outlined below, without the need for any 
additional authorization to be voted at an annual or special school district 
meeting. Any notes thus issued shall be in the name of and on the credit of 
the school district. The notes shall be issued in accordance with the pro- 
visions of the Municipal Finance Act, RSA 33, insofar as those provisions 
are not in conflict with the terms of this act. The cost of any such loan 
shall be borne by the school district. The amount borrow-ed by a school 
board under this emergency authorization shall not exceed the amount 



28 Chapter 23 [1959 

certified by the state bank commissioner as the total amount credited to 
the school district in the said Valley Trust Company at the time of the 
emergency borrowing. The repayment of any such loan shall constitute a 
binding obligation upon the school district. The school board may de- 
termine the length of the term of the loan. Provision shall be made for 
the loan to be repaid in equal annual installments, with the final pay- 
ment coming not more than five years after the date of negotiation of the 
loan. It shall be made a condition for the negotiation of such a loan that 
all funds released from deposit in the Valley Trust Company shall be 
applied promptly to repayment of all or a part of the principal of the 
loan. If less than the face amount of the loan is realized from funds re- 
leased from deposit, the repayment of that portion of the loan shall 
serve only to shorten the period required for the district to make payment 
in full, and shall not be used to reduce the amount of more than one 
annual payment on the loan. 

22 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 19, 1959] 
[Effective date March 19, 1959] 



CHAPTER 23. 



AN ACT EXEMPTING FROM REGISTRATION FEE MOTOR VEHICLES OWNED BY 

VETERAN AMPUTEES. 

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

23:1 Motor Vehicle Registration Fees; Exemption. Amend RSA 
262:1 by inserting after paragraph XIII the following new paragraph: 

Xlll-a. No fee shall be charged for registering a motor vehicle 
owned by any person who became an amputee while a member of the 
United States armed forces, and whose disability is rated as service- 
connected. 

23:2 Takes Effect. This act shall take effect as of April 1, 1959. 
[Approved March 24, 1959] 
[Effective date April 1, 1959] 



1959] Chapters 24, 25 2d 

CHAPTER 24. 

AN ACT RELATIVE TO THE DEFINITION OF FLY UNDER FISHING LAWS. 

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

24:1 Definitions. Amend the definition of Fly in RSA 207:1 
(supp), as amended by 1955, 277:5, by striking- out said definition and in- 
serting in place thereof the following" Fly: A hook dressed with 
feathers, hair, thread, tinsel or any similar material to which no spinner, 
spoon or similar device is added. 

24:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 24, 1959] 
[Effective date May 23, 1959] 



CHAPTER 25. 



AN ACT RELATIVE TO THE PROHIBITED USE OF ARTIFICIAL LIGHTS IN 

NIGHT HUNTING. 

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

25:1 Night Hunting. Amend RSA 208:8 (supp) as amended by 
1955, 62:1 by striking out the words "a rifle larger than a 22 cal. rimfire 
or shotgun with shot larger than No. 4, either in the gun, on the person, 
or in an automobile, boat, airplane or other craft propelled by mechanical 
power" and inserting in place thereof the words, or in an automobile, 
boat, airplane or other craft propelled by mechanical power, a bow and 
arrow, rifle, shotgun or pistol with live ammunition to fit the same 
whether loaded or unloaded, so that said section as amended shall read as 
follows: 208:8 Possession of Jacks, etc. No person shall have in his 
possession any jack or artificial light, swivel, pivot, or set gun while 
hunting wild birds or wild animals, including unprotected birds and wild 
animals on which a bounty may be paid. Any person convicted of illegal 
night hunting shall forfeit such firearms, jacks, or any other equipment 
used or usable in the illegal night hunting at the time of such violation. 
The deliberate use of an artificial light between one-half hour after sun- 
set and one-half hour before sunrise to illuminate, jack, or to show up 
wild animals by a person having in his possession or in an automobile, 
boat, airplane or other craft propelled by mechanical power, a bow and 
an-ow, rifle, shotgun or pistol with live ammunition to fit the same 
whether loaded or unloaded, shall be prima facie evidence of illegal night 



30 Chapters 26, 27 [1959 

hunting. Nothing herein contained shall be construed to prohibit the use 
of lights for hunting racoon as permitted in RSA 210 :2. 

25:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 24, 1959] 
[Effective date May 23, 1959] 



CHAPTER 26. 

AN ACT IN RELATION TO EXTENSION COURSES AT THE TEACHERS' COLLEGES. 

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

26:1 Teachers' Colleges. Amend RSA 186 by inserting after sec- 
tion 18 the following new section : 186:18-a Extension Courses. The 
teachers' colleges may offer at any location courses to persons not regu- 
larly enrolled at the colleges in any subject matter provided that the 
tuition received therefor is adequate to pay for such increased operating 
expenses as result from conducting such courses. 

26:2 Takes Effect. This act shall take effect as of June 1, 1959. 
[Approved March 24, 1959] 
[Effective date June 1. 1959] 



CHAPTER 27. 

AN ACT RELATIVE TO THE MISUSE OF DEER COUPONS. 

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

27:1 Deer Coupons. Amend RSA 208 by inserting after section 16 
thereof the following new section: 208:16-a Prohibition. No person 
shall attach an A2 coupon to the carcass of a deer unless the deer was 
killed by the holder of the license to which the A2 coupon was attached. 
Whoever shall violate any provision of this section shall be fined not more 
than one hundred dollars. 

27:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 25, 1959] 
[Effective date May 24, 1959] 



1959] Chapter 28 31 

CHAPTER 28. 

AN ACT RELATIVE TO INCREASE OF BENEFIT RATES, DISQUALIFICATIONS FOR 

BENEFITS AND RECIPROCAL ARRANGEMENTS UNDER T?IE 

UNEMPLOYMENT COMPENSATION LAW. 

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

28:1 Increase in Benefits. Amend RSA 282:2-B(l) (supp) as 
amended by 1955, 7:1, by striking out the whole of the same and insert- 
ing in place thereof the following: (1) Each eligible individual who is 
totally unemployed in any week shall be paid with respect to such week 
benefits in the amount shown in column B of the schedule delineated in 
this paragraph on the line on which in column A there is indicated the 
individual's annual wage class except as otherwise provided in paragraph 
(2) of this subsection. The maximum total amount of benefits payable 
to any eligible individual during any benefit year shall be the amount 
shown in column C of the schedule delineated in this paragraph on the 
line on which in column A there is indicated the individual's annual wage 
class except as otherwise provided in paragraph (2) of this subsection. 



A 




B 


C 


L'otal Annual Earnings 


Weekly Benefit 


Maximum 


In Base Period 


Amount 


Benefits 


$ 500.00 - 


$ 599.99 


$ 10 


$260 


600.00 - 


699.99 


11 


286 . 


700.00 - 


799.99 


12 


312 


800.00 - 


899.99 


13 


338 


900.00 - 


999,99 


14 


364 


1000.00 - 


1099.99 


15 


390 


1100.00 - 


1199.99 


16 


416 


1200.00 - 


1299.99 


18 


468 


1300.00 - 


1399.99 


19 


494 


1400.00 - 


1499.99 


20 


520 


1500.00 - 


1599.99 


21 


546 


1600.00 - 


1699.99 


22 


572 


1700.00 - 


1799.99 


23 


598 


1800.00 - 


1899.99 


24 


624 


1900.00 - 


1949.99 


25 


650 


1950.00 - 


1999.99 


26 


676 


2000.00 - 


2099.99 


27 


702 


2100.00 - 


2199.99 


28 


728 


2200.00 - 


2299.99 


29 


754 


2300.00 - 


2399.99 


30 


780 


2400.00 - 


2499.99 


31 


806 


2500.00 - 


2599.99 


32 


832 





Chapter 28 




2600.00 - 2699.99 




33 


2700.00 - 2799.99 




34 


2800.00 - 2899.99 




35 


2900.00 - 2949.99 




36 


2950.00 - 2999.99 




37 


3000.00 - and over 




38 



32 Chapter 28 [1959 

858 
884 
910 
936 
962 
988 

28:2 Disqualification for Benefits. Amend RSA 282:4-A (supp) 
as amended by 1955, 141:9 and 1957, 118:4, by striking out the words 
"any one week" in the fifth line and inserting in place thereof the words, 
each of three weeks, and by inserting after the figure "1-H" in the fifth 
line the words, except 1-H (4) (f), (g), (q) and (r) and wages earned in 
a like manner in another state, 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 voluntarily without good cause in 
accordance with rules and regulations of the director. For the purposes of 
this section the "period of unemployment" shall continue until the in- 
dividual has earned in each of three weeks wages in employment as de- 
fined in section 1-H, except 1-H(4)(f), (g), (q) and (r) and wages 
earned in a like manner in another state, 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, 

28:3 Disqualification for Benefits. Amend RSA 282:4 (supp) as 
inserted by 1955, 141 :9, by inserting after subsection K the following new 
subsection L:L. For the duration of his disciplinary layoff, but in no case 
more than two weeks beginning with the week in which such layoff is 
effective; provided, however, that the disciplinary layoff is based upon 
good cause as determined by the director or his authorized representa- 
tive. 

28:4 Reciprocal Arrangements. Amend RSA 282:16-B by insert- 
ing after the words "section 6" in the fourth line the words, in excess, 
for any week or weeks, of the benefits which would have been payable 
but for this section, or, so that said subsection as amended shall read as 
follows: B. Reimbursements paid from the fund pursuant to any 
reciprocal arrangements authorized by the provisions of this chapter 
shall be deemed to be benefits for the purposes of this chapter except that 
no charge shall be made to an employer's account under section 6 in ex- 
cess, for any week or weeks, of the benefits which would have been pay- 
able but for this section, or in excess of the maximum benefits payable 
under sections 2, 3 or 4, or when no benefits would have been payable to 



1959] Chapter 29 33 

an individual, but for this section, because of the lack of wages for in- 
sured work necessary to qualify for benefits. In the event that no charge 
is to be made to an employer's account such as hereinabove provided, 
such reimbursements shall be charged against the fund. The director of 
the department of employment security is authorized to make to other 
state or federal agencies and to receive from such other state or federal 
agencies, reimbursements from or to the fund, in accordance with 
arrangements entered into pursuant to subsection A of this section. 

28:5 Takes Effect. Section 1 of this act, relative to weekly bene- 
fit rate, shall take effect as of April 1, 1959 provided that benefits for all 
payable weeks ending after the effective date of said section shall be 
paid and treated in all respects in accordance with the provisions of the 
unemployment compensation law as amended by this act. Sections 2 and 3 
of this act, relative to disqualifications for benefits, and section 4 of this 
act, relative to reciprocal arrangements, shall take effect sixty days after 
passage. 

[Approved March 31, 1959] 
[Effective date — 

Section 1 — April 1, 1959 

Sections 2-3-4 — May 30, 1959] 



CHAPTER 29. 



AN ACT INCREASING CERTAIN PENALTIES FOR VIOLATIONS OF 
FISH AND GAME LAWS. 

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

29:1 Fishing. Amend RSA 211:1 by striking out the word "ten" 
in the third line and inserting in place thereof the word, fifty, so that 
said section as amended shall read as follows: 211:1 Violation of 
Rules and Regulations. A person who violates any provision of the rules 
and regulations promulgated under the provisions of RSA chapter 206. 
sections 10 to 13, shall be fined not more than fifty dollars and not more 
than five dollars for each fish taken, possessed, bought or sold in violation 
thereof, provided that a person who violates the regulations relative to 
trolling shall be fined not less than ten nor more than fifty dollars. 

29 :2 Fish and Game Licenses. Amend RSA 214 :37 by striking out 
the word "fifty" where it occurs in the second and eighth lines and in- 
serting in place thereof the words, one hundred, so that said section as 
amended shall read as follows: 214:37 Fines. Any person who 
violates the provisions of this chapter shall be fined not more than one 
hundred dollars. A person who furnishes to another person, or permits 



34 Chapters 30, 31 [1959 

another person to have or use, a hcense issued to himself, or changes or 
alters such license or coupon, or uses a license or license coupon issued to 
another person, or makes a false statement in an application, or know- 
ingly guides a hunter who has not a license as provided in chapter 215, 
RSA, shall be fined not less than fifteen dollars nor more than one hun- 
dred dollars, and such fine shall not be suspended. 

29:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 1, 1959] 
[Effective date May 31, 1959] 



CHAPTER 30. 

AN ACT RELATIVE TO INJURING PROPERTY WHILE TAKING FISH AND GAME. 

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

30:1 Taking Fish and Game. Amend RSA 207:36 by striking out 
the words "or destroy any fence or wall" in the first and second lines and 
inserting in place thereof the words, damage or destroy any fence, wall, 
lock, boat or dock, so that said section as amended shall read as follows : 
207:36 Injuring Property. No person shall tear down, damage or de- 
stroy any fence, wall, lock, boat or dock, or leave open any gate or bars, 
or trample or destroy any crop, on land of another person, while taking, 
trapping, hunting, or pursuing any fish, game or fur-bearing animal. 

30:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 1, 1959] 
[Effective date May 31, 1959] 



CHAPTER 31. 



AN ACT RELATIVE TO THE DESTRUCTION OF RECORDS BY THE BUREAU OF 

FOOD AND CHEMISTRY. 

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

Court convened: 

31:1 Blood Alcohol Records. Amend RSA 125 by inserting after 
section 12 the following new section : 125 :12-a Destruction of Records. 

The records, reports or miscellaneous papers of the bureau of food and 
chemistry of the department of health concerning the chemical analysis 
of blood, breath, urine or other bodily substances for alcoholic content 



1959] Chapter 32 35 

which have been on file for more than six years may be destroyed when 
in the opinion of the chief of the bureau they are no longer of value to 
the state. This section shall not apply to records or reports of examina- 
tions conducted under RSA 611. 

31:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 1, 1959] 
[Effective date May 31, 1959] 



CHAPTER 32. 



AN ACT RELATIVE TO PENALTY FOR HUNTING FROM MOTOR VEHICLES, 

BOATS OR AIRCRAFT. 

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

32:1 Hunting from Motor Vehicle, Boat or Aircraft. Amend RSA 
207 by inserting after section 7-a, as inserted by 1957, 188:1 the follow- 
ing new section : 207:7-b Penalty. Any person who violates a pro- 
vision of RSA 207:7 shall be fined not more than one hundred dollars 
and five dollars additional for each wild bird or wild animal taken or 
possessed contrary to the provisions thereof. 

32 :2 Change in Penalties. Amend RSA 207 :46 by striking out the 
words and figures "7 to 10 inclusive, ten" in the third line and inserting 
in place thereof the words and figures, 8 to 10 inclusive, not more than 
fifty, so that said section as amended shall read as follows: 207:46 
Penalties. A person who violates a provision of this chapter shall be 
fined as follows: For each violation of sections 2 to 5 inclusive, and 
sections 8 to 10 inclusive, not more than fifty dollars, and five dollars 
additional for each fish, bird or animal, or part thereof bought, sold, 
offered for sale or transported contrary to the provisions thereof; for 
each violation of sections 6, 11-14, 19-21, 27, 35 and 36, not more than 
fifty dollars ; for each violation of any rule or regulation of the director, 
except as otherwise provided in this title, ten dollars ; and for each viola- 
tion of any provision of this title for which a penalty is not otherwise pro- 
vided, ten dollars. A person who violates the provisions of section 4 shall 
be fined not more than two hundred dollars or imprisoned not more than 
six months, or both, and shall forfeit such firearms and silencing devices. 

32:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 1, 1959] 
[Effective date May 31, 1959] 



36 Chapters 33, 34 [1959 

CHAPTER 33. 

AN ACT RELATIVE TO APPEALS FROM CONVICTION FOR VIOLATION OF 
FISH AND GAME LAWS. 

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

33 :1 Revocation of Licenses for Fish and Game Violations. Amend 
RSA 214 by inserting after section 19 the following new section: 
214:19-a Appeal of Conviction. Whenever any person convicted of a 
violation of any provision of this title or of any rule or regulation of the 
director or of sections 7, 12 or 14 of RSA 572 shall appeal, his license 
shall be suspended pending disposition of the appeal. If the person so 
appealing is convicted, the period of suspension shall be computed from 
the date of the original conviction. 

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

[Approved April 1, 1959] 
[Effective date May 31, 1959] 



CHAPTER 34. 

AN ACT RELATIVE TO USE OF FEES AND FINES BY THE STATE DENTAL BOARD. 

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

34:1 Appropriation. Any excess in revenue from fees and fines 
by the state dental board during the fiscal year ending June 30, 1959, 
above the amount provided for in Laws 1957, 321:1 shall be for the use 
of said board with the approval of the governor and council. This balance 
shall not lapse but shall be added to the appropriation for the succeed- 
ing fiscal year. 

34:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 1, 1959] 
[Effective date April 1, 1959] 



1959J Chapter 35 37 

CHAPTER 35. 

AN ACT RELATIVE TO ANNUAL PAYMENTS TO RETIREMENT BOARD BY 
CALL, VOLUNTEER OR SUBSTITUTE FIREMEN. 

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

35:1 Call, Volunteer Firemen. Amend RSA 102:19 by striking 
out the word "three" in the fifth line and inserting in place thereof the 
word, six, so that said section as amended shall read as follows: 102:19 
Eligibility and Application for Benefits. Call, volunteer or substitute 
firemen to be eligible for the benefits hereof must be accepted by their 
respective city, town, precinct or organized volunteer company. All call, 
volunteer or substitute firemen who desire the benefits of this chapter 
shall make application to the retirement board and pay the sum of six 
dollars per year, said amount to be paid in one sum, and shall give notice 
of their application for the benefits hereof to the treasurer or other dis- 
bursing officer of the city, town or precinct which employs them. The 
chief, clerk or other responsible officer of a fire company whose members 
have applied for the benefits of this chapter shall forward to the secre- 
tary of the board, on a form approved by the board, the number and the 
names of such members as of July first of every year and shall also 
notify the board of any dismissals, resignations or deaths during the 
year of any of its members who were eligible to the benefits hereof. New 
members applying for the benefits of this chapter during the fiscal year, 
who are not replacing former members of their company who had applied 
lor benefits hereunder shall be assessed the full amount as stated above, 
if their applications are received on or before December thirty-first 
of any year, but their protection hereunder shall run only to June 
thirtieth of the following year or to the beginning of the new fiscal year. 
All new members who are not replacing former members during the fiscal 
year whose applications are received on or after January first of any 
year shall be assessed one-half the amount stated above and shall be 
protected only to June thirtieth of the same year or to the beginning 
of the new fiscal year. Members who, during the fiscal year, are replacing 
members who had accepted the benefits of this chapter but who are no 
longer members of the fire department, shall not be assessed, but shall 
be entitled to the benefits hereof to June thirtieth of the same fiscal year 
for which the member whom they are replacing was eligible. All assess- 
ments from call, volunteer or substitute firemen, for any fiscal year be- 
ginning July first to June thirtieth of the following year, shall be paid 
on or before June thirtieth of that fiscal year in which application or 
renewal of application is received by the board ; with the exception, that, 
in case of total and permanent disability or accidental death of any 
member who has made application for the benefits of this chapter, bene- 



38 Chapter 36 [1959 

fits accruing to such member or to his beneficiary shall not be paid until 
his assessment for that fiscal year has first been received by the board. 

35 :2 Takes Effect. This act shall take efliect as of July 1, 1959. 
[Approved April 1, 1959] 
[Effective date July 1, 1959] 



CHAPTER 36. 

AN ACT RELATING TO THE JURISDICTION OF JUVENILE COURTS. 

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

36:1 Jurisdiction. Amend RSA 169:1 by inserting after the word 
"years" in the second line the words, and those with respect to whom a 
petition is filed hereunder after his eighteenth birthday but before his 
twenty-first birthday because of an act of delinquency committed before 
such eighteenth birthday; further amend said section by striking 
out the words "of age" in the seventh line so that said section as amended 
shall read as follows: 169:1 Applicability of Chapter. This chapter 
shall apply to those children under tlie age of eighteen years, and those 
with respect to whom a petition is filed hereunder after his eighteenth 
birthday but before his twenty-first birthday because of an act of de- 
linquency committed before such eighteenth birthday, and any jurisdic- 
tion acquired by the court or the commissioner of public welfare, under 
order of the court, over a neglected child shall cease when said child 
arrives at the age of eighteen, provided, however, that in the case of a 
delinquent child over whom the court has acquired jurisdiction hereunder 
said jurisdiction shall continue until said child an'ives at the age of 
twenty-one years unless he is previously discharged by the court, or 
jurisdiction over him released to the superior court. 

36:2 Delinquent Child. Amend paragraph III of RSA 169:2 by 
adding at the end thereof the words, and any delinquent child as herein- 
before defined whose act or acts of delinquency were committed while he 
or she was under the age of eighteen, so that said paragraph as amended 
shall read as follows: III. "Child or juvenile," any boy or girl under 
the age of eighteen years and any delinquent child as hereinbefore de- 
fined whose act or acts of delinquency were committed while he or she 
was under the age of eighteen. 

36:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 2, 1959] 
[Effective date June 1, 1959] 



1959J Chapters 87, 38 39 

CHAPTER 37 

AN ACT TO PROVIDE FOR PAYMENT OF STATE EXPENSES BY MEANS OF 
WORKING CAPITAL FUNDS. 

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

37:1 Payment of State Expenses. Amend RSA 9 by inserting 
after section 14 the following- new section: 9:14-a Working Capital. 
The governor is hereby authorized to draw his warrant with the ad- 
vice and consent of the council, upon any money in the general fund of 
the treasury, including special and capital funds, for departments other 
tlian public works and highways or fish and game, for such sums to be 
set apart from time to time to the credit of the state treasurer as a 
working capital fund as may appear to the governor and council neces- 
sary and proper upon recommendation of the comptroller for payment 
of all proper charges against said departments other than public works 
and highways and fish and game. The governor is likewise (for working 
capital) hereby authorized to draw his warrant, with the advice and 
consent of the council, upon any money in the highway fund for ex- 
penditures for the public works and highway departments, or upon 
any money in the fish and game fund for expenditures for the fish 
and game department. The provisions of this section shall not author- 
ize the manifesting, approval or payment of any claim in excess of 
appropriations or for the purposes for which appropriations do not 
exist. A warrant duly executed under the provisions hereof shall be a 
sufficient warrant under RSA 6:10. 

37:2 Repeal. RSA 9:14 relative to working capital is hereby 
repealed. 

37:3 Takes Effect. This act shall take effect as of July 1, 1959. 
[Approved April 8, 1959] 
[Effective date July 1, 1959] 



CHAPTER 38 

AN ACT RELATIVE TO THE PRACTICE OF PROFESSIONAL ENGINEERING. 

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

38:1 Professional Engineering. Amend RSA 319:7 by inserting 
after the word "secretary" in the sixth line the words, said secretary 
may or may not be a member of the board, so that said section as 
amended shall read as follows: 319:7 — Organization and Meetings. 
The board shall hold at least four regular meetings each year. Special 



40 Chapter 38 [1959 

meetings shall be held at such time as the rules of the board may pro- 
vide. Notice of all meetings shall be given in such manner as the rules 
may provide. The board shall elect or appoint annually the following 
officers: A chairman, a vice-chairman, and a secretary. Said secretary 
may or may not be a member of the board. A quorum of the board shall 
consist of not less than three members. 

38:2 Change of Date. Amend RSA 319:12 by striking out said 
section and inserting in place thereof the following: 319:12 Roster. 
A biennial roster, as of December thirty-first in the year of the biennial 
report provided for in section 10, listing the names, registration number, 
qualifying branch of engineering specialization (not exceeding three 
branches) and addresses of all registered professional engineers, shall be 
published by the secretary of the board during the next following 
month of February. As of December thirty-first of the year following 
each biennial report, a supplement to the roster shall be likewise 
published. Copies of this roster and its supplement shall be mailed to 
each person so registered, placed on file with the secretary of state 
and furnished to the public upon request and payment of a reason- 
able charge in an amount determined by the board. 

38:3 Change in Requirements. Amend RSA 319:13 by striking 
out said section and inserting in place thereof the following: 319:13 
General Requirements for Registration. The following shall be con- 
sidered as minimum evidence satisfactory to the board that the ap- 
plicant is qualified for registration as a professional engineer: 

(a) Graduation in an approved engineering curriculum of four 
years or more, as approved by the board as of satisfactory standing, 
and the successful passing of a written, or written and oral, examination 
in fundamental engineering subjects, all of which are preliminary re- 
quirements ; and, in addition to the preliminary requirements, a specific 
record of an additional four years or more of experience in engineering 
work of a character satisfactory to the board and indicating that the 
applicant is competent to practice professional engineering, provided 
that in a case where the evidence of experience presented in the appli- 
cation does not appear to the board conclusive nor warranting the issuing 
of a certificate of registration, the applicant may be required to pre- 
sent further evidence for the consideration of the board, and also may 
be required to pass an oral or written examination, or both, as the 
board may determine; or 

(b) Successfully passing a written, or written and oral, examina- 
tion designed to show knowledge and skill approximating that attained 
through graduation in an approved engineering curriculum; and a 
specific record of eight years or more of experience in engineering work 
of a character satisfactory to the board and indicating that the appli- 
cant is competent to practice professional engineering; or 



1959 J Chapter 38 41 

(c) A specific record of twelve years or more of practice in pro- 
fessional engineering" work of a character satisfactory to the board and 
indicating- that the applicant is qualified to design and to take respon- 
sible charge of construction of engineering works; provided applicant 
is not less than thirty-five years of age, and provided that in a case 
where the evidence presented in the application does not appear to the 
board conclusive nor warranting the issuance of a certificate of regis- 
tration, the applicant may be required to pass an oral or written exam- 
ination, or both, as the board may determine. 

(d) An applicant for registration, who has no registration in an- 
other state or country, shall be a resident of this state or have a 
position of permanent employment herein. 

38:4 Credit for Graduate Study. Amend RSA 319:16 by adding 
at the end of said section the following: In counting years of ex- 
perience in section 13 (a), the board, at its discretion may give credit, 
not in excess of one year, for satisfactory graduate study in engineer- 
ing, so that said section as amended shall read as follows: 319:16 Ed- 
ucation Credits. The satisfactory completion of each year of an ap- 
proved curriculum in engineering in a school or college approved by 
the board as of satisfactory standing, witliout graduation, shall be con- 
sidered as equivalent to a year of experience in (b) of section 13. Gradua- 
tion in a curriculum other than engineering from a college or university 
of recognized standing may be considered as equivalent to two years of 
experience in said (b) ; provided, however, that no applicant shall re- 
ceive credit for more than four years of experience because of under- 
graduate educational qualifications. In counting years of experience in 
section 13 (a) , the board, at its discretion may give credit, not in excess 
of one year, for satisfactory graduate study in engineering. 

38:5 Certificate of Qualification. Amend RSA 319:19 by striking 
out the word "ten" in the sixteenth line and inserting in place thereof 
the word, fifteen, so that said section as amended shall read as follows : 
319:19 Applications and Registration Fees. Applications for regis- 
tration shall be on forms prescribed and furnished by the board, shall 
contain statements made under oath, showing the applicant's education 
and detail summary of his technical work, and shall contain not less than 
five references, of whom three or more shall be engineers having 
personal knowledge of his engineering experience. The registration fee 
for professional engineers shall be twenty-five dollars, fifteen dollars of 
which shall accompany application, the remaining ten dollars to be paid 
upon issuance of certificate. Application to take the examination in 
fundamental engineering subjects prior to completion of the requisite 
years of experience in engineering work shall be accompanied by a fee of 
seven dollars and fifty cents. This amount shall be credited against the 
total fee required for registration as a professional engineer. When a 
certificate of qualification issued by the National Bureau of Engin- 



42 Chapter 38 [1959 

eering- Registration is accepted as evidence of qualification, the total 
fee for registration as professional engineer shall be fi.fteen dollars. 
Should the board deny the issuance of a certificate of registration to 
any applicant the initial fee deposited shall be retained as an applica- 
tion fee. 

38:6 Certificates. Amend RSA 319:22 by striking out said sec- 
tion and inserting in place thereof the following: 319:22 Expirations 
and Renewals. Certificates of registration shall expire each year on 
June thirtieth and shall become invalid on that date unless renewed. 
It shall be the duty of the secretary of the board to notify every person 
registered under this act, of the date of the expiration of his certifi- 
cate and the amount of the fee that shall be required for its renewal 
for one year and the charges for delayed renewal; such notice shall be 
mailed at least one month in advance of the date of the expiration of 
said certificate. Renewal may be effected at any time during the month 
of June by the payment of the normal renewal fee as determined by the 
board. The failure on the part of any registrant to renew his certifi- 
cate annually in the month of June as required above shall not deprive 
such person of the right of renewal, but the fee to be paid for the renewal 
of a certificate after the month of June and before the first day of Novem- 
ber of the same year shall be one and one half times the normal renewal 
fee, and, on and after said first day of November the fee to be paid shall 
be twice the normal renewal fee. The rig-ht of renewal shall be limited 
to a period of two years from the date of expiration of a certificate. 
After this period the certificate of a former registrant shall become 
null and void, but may be reinstated by the board after re-application, 
payment of a fee of fifteen dollars and after approval of the board. The 
board, at its discretion, may re-examine said former registrant. 

38:7 Powers of the Board. Amend RSA 319 by inserting after 
section 22 the following new section : 319 :22-a Determination of Fee. 

The board shall annually, prior to the first day of June in each year, 
beginning in 1959, determine the normal annual fee to be paid for 
renewals of certificates. Said normal renewal fee shall not be less than 
two dollars nor more than five dallars. 

38:8 Increase in Fee. Amend RSA 319:25 by striking out the 
word "ten" in the second line and inserting in place thereof the word, 
fifteen, and by striking out the words "of the National Council of State 
Boards of Engineering Examiners, or" so that said section as amended 
shall read as follows: 319:25 Interstate Registration. The board 
may, upon application therefor, and the pajnnent of a fee of fifteen 
dollars, issue a certifcate of registration as a professional engineer 
to any person who holds a certificate of qualification or registration 
issued to him by proper authority of the National Bureau of Engin- 
eering Registration, or of any state or territory or possession of the 
United States, or of any country, provided that the applicant's qualifica- 



1959J Chapter 38 43 

tions meet the requirements of this act and the rules established by 
the board. 

38:9 Wrongful Use of Certificate. Amend RSA 319:29 (supp) as 
amended by 1955, 124:6, by inserting- after the word "obtaining" in the 
sixth line the words, or attempting to obtain, so that said section as 
amended shall read as follows: 319:29 Violations and Penalties. Any 
person who shall practice or offer to practice professional engineering 
in this state without being registered in accordance with the provi- 
sions of this act, or any person presenting or attempting to use as 
his own the certificate of registration or the seal of another, or any 
person who shall give any false or forged evidence of any kind to the 
board or to any member thereof in obtaining or attempting to obtain a 
certificate of registration, or any person who shall falsely impersonate 
any other registrant of like or different name, or any person who shall 
attempt to use an expired or revoked certificate of registration, or any 
person who shall violate any of the provisions of this act, shall be 
guilty of a misdemeanor, and shall, upon conviction, be sentenced to pay 
a fine of not less than one hundred dollars nor more than five hundred 
dollars. 

38:10 Exemptions from Chapter. Amend paragi'aph II of RSA 
319:30 by striking out said paragraph and inserting in place thereof 
the following: II. The practice of a person not a resident of and 
having no established place of business in this state, practicing herein, 
or elsewhere, the profession of engineering in connection with, or on 
account of, engineering work or construction being carried on, or to be 
carried on, in this state when such practice, wherever performed, does 
not exceed in the aggregate more than thirty days in any calendar year ; 
provided such person is legally qualified by registration to practice 
the said profession in his own state or country in which the requirements 
and qualifications for obtaining a certificate of registration are not lower 
than those specified in this act. Practice for any portion of a day 
shall be deemed to be performed for a whole day, and days of practice 
shall be measured consecutively from the first day to, and including, 
the last day of each engagement on which such person, or his agents, 
performs, or has obligation to perform, engineering ; or 

38:11 Employees. Amend paragraph IV of RSA 319:30 by strik- 
ing out the words "paragi'aphs II and III" where they occur and insert- 
ing in place thereof the words, paragraph II, so that said paragraph as 
amended shall read as follows: IV. The work of an employee or a 
subordinate of a person holding a certificate of registration under this 
act, or an employee of a person practicing lawfully under paragraph II 
of this section; provided such work does not include final designs or 
decisions and is done under the direct responsibility, checking, and 
supervision of a person holding a certificate of registration under this 



44 Chapter 39 [1959 

act or a person practicing lawfully under paragraph II of this section; 
or 

38:12 Interstate Commerce. Amend paragraph VI of RSA 319 :30 

by striking out said paragraph and inserting in place thereof the follow- 
ing: VI. The practice of professional engineering solely as an officer 
or an employee of a corporation engaged in interstate commerce as 
defined in the Act of Congress entitled "An Act to Regulate Commerce" 
approved February 4, 1887, as amended, or in interstate communication 
as defined in the Act of Congress entitled "Communications Act of 
1934" approved June 19, 1934. 

38:13 Architects. Amend paragraph VII of RSA 319 :30 by strik- 
ing out the words "and the doing of such engineering work as is in- 
cidental to his architectural work;" so that said paragraph as amended 
shall read as follows: VII. The practice of architecture by a duh^ 
registered architect; or 

38:14 Repeal. Paragraphs I and III of RSA 319:30 relative to 
certain exemptions under the engineering law are hereby repealed. 

38:15 Effective Date. This act shall take effect as of May thirty- 
first, 1959, provided that nothing herein shall be construed to aifect 
registration of professional engineers in force at the date of the passage 
of this act. 

[Approved April 8, 1959] 
[Effective date May 31, 1959] 



CHAPTER 39. 



AN ACT RELATIVE TO REGISTRATION OF COMMERCIAL FERTILIZERS, 

MINIMUM PLANT FOOD CONTENT IN FERTILIZERS AND 

REGISTRATION UNDER PROTEST. 

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

39:1 Definitions. Amend RSA 439:3 (supp) as inserted by 1955, 
52:1 by inserting at the end of said section the following new paragraph: 
(o) The word "commissioner" means the commissioner of agriculture 
or his authorized agent. 

39:2 Commercial Fertilizers. Amend paragraph (a) of RSA 
439:4 (supp) as inserted by 1955, 52:1 by striking out said paragraph 
and inserting in place thereof the following: (a) Each brand and 
grade of commercial fertilizer shall be registered before being offered 
for sale, sold or distributed in this state, except mixed fertilizers or 
fertilizer materials used for research or experimental purposes so deter- 



1959J Chapter 39 45 

mined by the commissioner. The application for registration shall be 
submitted to the commissioner on forms furnished by the commissioner 
and shall be accompanied by a label or true copy of said label upon re- 
quest of the commissioner, in addition to a registration fee, per grade, 
as follows: ten dollars for the nitrogen; ten dollars for the phosphoric 
acid ; ten dollars for the potash ; ten dollars for the magnesium oxide or 
magnesium ; ten dollars for the boron or borax ; and ten dollars for each 
other plant food elements claimed to be in the said brand or grade of 
fertilizer. All registrations expire on or before January 1, annually. The 
application shall include the following information in the following order : 
(1) The name and address of the person guaranteeing the fertilizer. (2) 
The brand and grade. (3) The guaranteed analysis showing the minimum 
percentage of plant food claimed in the following order and form : Total 
nitrogen . . . per cent; available phosphoric acid . . . per cent; soluble 
potash . . . per cent. Unacidulated mineral phosphatic materials and 
basic slag shall be guaranteed as to both total and available phosphoric 
acid, and the degree of fineness. In the case of bone, tankage, and other 
natural organic phosphate materials, only the total phosphoric acid need 
be guaranteed. Additional plant food elements, determinable by chemical 
methods, may be guaranteed only by permission of the commissioner by 
and with the advice of the dii'eotor of the agricultural experiment station. 
When any such additional plant foods are claimed, they shall be included 
in the guarantee, and shall be subject to inspection and analysis in ac- 
cordance with the methods and regulations that may be prescribed by 
the commissioner. 

39:3 Exceptions. Amend RSA 439:11 (supp) as inserted by 
1955, 52:1 by striking out the word "complete" in the fifth line and in- 
serting in place thereof the word, mixed, by striking out the word 
"natural" in the ninth line and by inserting after the first sentence the 
following sentence: The provisions of this section shall not apply to 
specialty fertilizers nor to any fertilizer materials in which the sources 
of nitrogen, available phosphoric acid and soluble potash are derived 
solely from organic materials; so that said section as amended shall 
read as follows: 439:11 Minimum Plant Food Contents. No super- 
phosphate containing less than eighteen per cent available phosphoric 
acid nor any mixed fertilizer in which the sum of the guarantees for the 
nitrogen, available phosphoric acid, and soluble potash totals less than 
twenty per cent shall be distributed in this state except for mixed fertili- 
zers containing twenty-five per cent or more of their nitrogen in water- 
insoluble form of plant or animal origin, in which case the total nitrogen, 
available phosphoric acid, and soluble potash shall not total less than 
sixteen per cent; provided, however, that animal manures and bird 
manures shall be excepted from the provisions of this section. The pro- 
visions of this section shall not apply to specialty fertilizers nor to any 
fertilizer materials in which the sources of nitrogen, available phosphoric 



46 Chapter 40 [1959 

acid and soluble potash are derived solely from organic materials. The 
commissioner is authorized to lower the minimum plant food content 
after a public hearing due to a national emergency and/or unavailability 
of fertilizer materials, 

39:4 Special Registration. Amend RSA 439 (supp) as inserted 
by 1955, 52:1 by inserting after section 17 the following new section: 
439:17-a — Under Protest. The commissioner is authorized and em- 
powered to register a fertilizer ''under protest" and to so mark the 
registration, if it appears to him that the fertilizer does not warrant the 
proposed claim for it, or if the fertilizer and its labelling and other 
material required to be submitted do not comply with the provisions of 
this chapter, so as to afford the registrant an opportunity to make the 
necessary corrections. The commissioner shall designate the time limit 
within w^hich such corrections must be made and may cancel said under- 
protest registration for failure to comply with such requirements. 

39:5 Takes Effect. This act shall take effect as of January 1, 
1960. 

[Approved April 8, 1959] 
[Effective date January 1, 1960] 



CHAPTER 40 



AN ACT RELATIVE TO THE SALARIES OF THE JUSTICES OF THE SOMERSWORTH 
MUNICIPAL COURT AND THE MUNICIPAL COURT OF GOFFSTOWN. 

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

40:1 Somersworth 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, 108:1, 125:1, 175:1, 209:1, 227:1, 234:1, 243:1 and 1959, 7:1 

by striking out the words "In Somersworth, eight hundred dollars" 
and inserting in place thereof, In Somersworth, twelve hundred dollars, 
so that said paragraph as amended shall read as follows: 1. 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 five hundred dollars; 

In Dover, two thousand five hundred dollars; 

In Laconia, three thousand dollars; 

In Keene, two thousand five hundred dollars; 



1959] Chapter 41 47 

In Claremont, two thousand three hundred dollars; 

In Berlin, twenty-two hundred dollars; 

In Rochester, one thousand eight hundred dollars; 

In Lebanon, one thousand five lumdred dollars; 

In Newport, one thousand one hundred and fifty dollars; 

In Derry, twelve hundred dollars; 

In Franklin, one thousand two hundred dollars; 

In Exeter, twelve hundred dollars; 

In Somersworth, twelve 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. 

40:2 Justice of Goffstown Municipal Court. Amend RSA 502 by 
inserting after section 7, as amended, the following new section: 
502:7-a Salary. The salary of the justice of the municipal court of 
the town of Goffstown shall be in the amount of nine hundred dollars 
per annum. Said salary shall be paid from the treasury of the town 
of Goffstown and may be paid quarterly or monthly, 

40:3 Takes Effect. This act shall take effect sixty days after 
its passage. 

[Approved April 8, 1959] 
[Effective date June 7, 1959] 



CHAPTER 41 



AN ACT INCREASING TAX ON ADMISSION FOR BOXING AND WRESTLING 
AND RELATIVE TO USE OF FUNDS. 

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

41:1 Athletic Exhibiticns. Amend RSA 285:18 by striking out 
the word "three" in the seventh line and inserting in place thereof the 
word, five, so that said section as amended shall read as follows : 285:18 
Tax and Report. Any person, club, or association, which may hold or 
exercise any of the privileges conferred by this chapter or rules adopted 
hereunder, shall within seventy-two hours after the determination of 
each exhibit file with the commission a written report which shall include 
the number of tickets sold for such exhibit, the amount of gross receipts 
thereof and such other facts as the commission may prescribe, and 
also shall pay to the commission, within said time, a tax of five per 
cent of the total receipts of paid admissions after deduction of any 



48 Chapter 42 [1959 

federal taxes. Upon the failure of any person, club or association to 
make such report and tax payment its permit shall be immediately can- 
celled. 

41:2 Increase of Funds Available. Amend RSA 285:7 by strik- 
ing out the words "five hundred" in the second line and inserting in 
place thereof the words, one thousand, so that said section as amended 
shall read as follows: 285:7 Balance. Any balance remaining in the 
athletic fund at the end of each fiscal year, over and above a balance 
of one thousand dollars, shall be distributed by the state treasurer 
to the several cities and towns in proportion to the amounts collected 
from licensees acting therein under this chapter. 

41:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 8, 1959] 
[Effective date June 7, 1959] 



CHAPTER 42 

AN ACT RELATIVE TO DUTY OF TOWN CLERK AS TO COPY OF CERTIFICATE 
OF MARRIAGE OF NONRESIDENT. 

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

42:1 Report of Marriage. Amend RSA 126:9 by striking out the 
words "whether in this or another state" and inserting in place thereof 
the words, provided that this requirement for report shall only be made 
in the case where the nonresident is a resident of a town in this state, 
so that said section as amended shall read as follows: 126:9 — Of Non- 
resident. Whenever there is filed with a town clerk a certificate of the 
marriage of any person not a resident of the town where such marriage 
is solemnized he shall, within ten days after such filing, forward an 
attested copy of such certificate to the clerk of the town where each non- 
resident so married resides, as shown by the certificate, provided that 
this requirement for report shall only be made in the case where the 
nonresident is a resident of a town in this state. 

42:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 8, 1959] 
[Effective date June 7, 1959] 



1959] Chapter 43 49 

CHAPTER 43. 

AN ACT RELATIVE TO BIRTH REGISTRATION CARDS, FEES FOR VITAL 
STATISTIC RECORDS, AND FOR CORRECTION OF VITAL RECORDS. 

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

43:1 Vital Statistic Records. Amend RSA 126:13 by inserting 
after the word "statistics" in the first line the words, or the town clerk, 
and by striking- out the words "fifty cents" in the fifth line and inserting 
in place thereof the words, one dollar, so that said section as amended 
shall read as follows: 126:13 Birth Registration Cards. The regis- 
trar of vital statistics, or the town clerk, may issue to any person a 
card containing such information relative to the date and place of birth 
of such person as may be on record in his office. Such cards shall be 
in such form as the registrar may deteraiine. The fee for the issuance 
of any such card shall be one dollar. 

43:2 Certified Copies. Amend RSA 126:15 by striking out the 
words "fifty cents" in the third line and inserting in place thereof the 
words, one dollar, so that said section as amended shall read as follows: 
126:15 — Fees For. A town clerk or the registrar of vital statistics 
shall be paid in advance, by any person requesting any copy or verifi- 
cation as provided in section 14 hereof, the sum of one dollar for making 
search, which sum shall include payment for the issuance of such copy 
or verification, provided that the fee to town clerks for examination 
of documents and issuance of a delayed birth certificate shall be two 
dollars. 

43:3 Vital Records. Amend RSA 126 by inserting after section 
23 the following new section: 126:23-a Correction and Amendment. 

Any correction or amendment to a record of any birth, marriage or 
death shall be made by the town clerk according to regulations pre- 
scribed by the registrar of vital statistics and the town clerk shall 
receive for amending or correcting any record the fee of one dollar 
to be paid by the person making application for such an amendment 
or correction provided that no fee shall be charged for additions or 
minor corrections to records of birth and death if made within six 
months after the record has been filed. 

43:4 Repeal. RSA 126:21, relative to institutional records RSA 
126:22, relative to unreported facts and RSA 126:23, relative to 
vouchers, are hereby repealed. 

43:5 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 8, 1959.] 
[Effective date June 7, 1959.] 



50 Chapters 44, 45, 46 [1959 

CHAPTER 44. 

AN ACT RELATING TO LIMIT OF ACCUMULATION OF THE BOYS' AND GIRLS' 

BENEFIT FUND. 

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

44:1 Industrial School, Benefit Fund. Amend RSA 621:29 by 

striking out the words "five thousand" in the second line and inserting- 
in place thereof the words, ten thousand, so that said section as amended 
shall read as follows: 621:29 — Limit of Accumulation. Whenever 
this fund exceeds the amount of ten thousand dollars, the excess shall 
be credited as revenue. 

44:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 8, 1959.] 
[Effective date June 7, 1959.] 



CHAPTER 45. 

AN ACT RELATIVE TO THE SALE OF THE CONCORD ARMORY. 

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

45:1 Authority. The governor and council are hereby authorized 
to sell at private sale the Concord Armory to the city of Concord for 
municipal purposes at such price as they may determine to be fair and 
equitable 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 Concord. 

45:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 8, 1959.] 
[Effective date April 8, 1959.] 



CHAPTER 46. 



AN ACT RELATIVE TO FEES FOR REGISTERING BRANDS OF COMMERCIAL FEED 
AND PROVIDING FOR SO-CALLED UNDER PROTEST REGISTRATION. 

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

46:1 Commercial Feed Law. Amend RSA 442:3 by striking out 
the word "fifteen" in the fifth line and inserting in place thereof the 



1959] Chapter 46 51 

v/ord, twenty, so that said section as amended shall read as follows: 
442:3 Registration. Each brand of commercial feed shall be reg- 
istered before being- offered for sale, sold, or otherwise distributed in 
this state. The application for registration shall be submitted to the 
commissioner on forms furnished by him, and shall be accompanied 
by a fee of twenty dollars per brand, and if the commissioner so 
requests shall also be accompanied by a label or other printed matter 
describing the product. Upon approval by the commissioner a copy of 
the registration shall be furnished to the applicant. All registrations 
expire on December 31 of each year. 

46:2 Formula. Amend RSA 442:15 by striking out said section 
and inserting in place thereof the following : 15 Exceptions. The term 
"customer-formula feed" means a mixture which contains commercial 
feeds, each batch of which is formulated according to the specific in- 
structions of the final purchaser. Customer-formula feed, as herein 
defined, shall be sold only for consumption by the livestock or poultry 
of the parties ordering such customer-formula feed, and said customer- 
formula feeds, shall be exempt from the general requirements of the 
chapter relative to labeling and registration, provided, (a) that each 
container or package of said customer-formula feed shall have attached 
thereto, in lieu of the tag or label required by section 7, a written or 
printed tag upon which shall be stated the following information: (1) 
that the product in the container or package is a customer-formula 
feed; (2) the name and address of the mixer, processor, or manufac- 
turer; (3) the name and address of purchaser ordering said customer- 
formula feed; (4) net weight of the contents; (5) the purpose for which 
the feed is to be fed, that is, dairy feed, poultry food, pig feed, etc.; 
(6) if a medicated feed, the chemical name and amount of the drug, 
antibiotic, or hormone the mix should contain, (b) If distributed in 
bulk, the label or tag, with the above required information, shall ac- 
company delivery and be furnished to the purchaser at the time o£ 
delivery. 

46:3 Special Registration. Amend RSA 442 by inserting after 
section 6 the following new section: 442:6-a — Under Protest. The 
commissioner is authorized and empowered to register a feed "under 
protest" and to so mark the registration, if it appears to the commis- 
sioner that the product does not warrant the proposed claim for it, 
or if the feed and its labelling and other material required to be 
submitted do not comply with the provisions of this chapter, so as to 
afford the registrant an opportunity to make the necessary corrections. 
The commissioner shall designate the time limit within which such cor- 
rections must be made and may cancel said under-protest registration 
for failure to comply with such requirements. 



52 Chapters 47, 48 [1959 

46:4 Takes .Effect. This act shall take effect as of January 1, 
1960. 

[Approved April 8, 1959.] 
[Effective date January 1, I960.] 



CHAPTER 47. 



AN ACT RELATIVE TO LICENSE FEES FOR PERSONS OPERATING A VEHICLE 
USED IN THE BUSINESS OF BUYING AND SELLING LIVE POULTRY. 

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

47:1 Buying and Selling Live Poultry. Amend RSA 344:9 by 
striking- out the word "three" in the second line and inserting in place 
thereof the word, five, and by striking out the word "two" in the fourth 
line and inserting in place thereof the word, three, so that said section 
as amended shall read as follows: 344:9 Fees for License. The fee 
for each license issued hereunder shall be five dollars, which shall en- 
title the licensee to one set of number plates. The price for each certified 
copy of license and an additional set of number plates shall be three 
dollars. The fee for each certification of transfer shall be one dollar. 

47:2 Takes Effect. This act shall take effect as of April 1, 1960. 
[Approved April 8, 1959.] 
[Effective date April 1, I960.] 



CHAPTER 48. 

AN ACT RELATIVE TO PERSONNEL AT THE STATE DEPARTMENT OF HEALTH 

LABORATORY. 

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

48:1 Milk Testing Regulations. Amend RSA 184:15 by inserting 
after the word, "chemists" in the second line the words, or bacteriolo- 
gists, and deleting the words "chemists at the state laboratory of 
hygiene" in the third and fourth lines, and inserting in place thereof the 
words, personnel at the state department of health laboratory, so that 
said section as amended shall read as follows: 184:15 Exceptions. 
The provisions of this subdivision shall not apply to graduate chemists 
or bacteriologists in the employ of the state board of health, nor to the 
glassware and other instruments verified and used by such personnel 
at the state department of health laboratory. 



1959] Chapter 49 53 

48:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 9, 1959.] 
[Effective date June 8, 1959.] 



CHAPTER 49. 



AN ACT RELATIVE TO REDEVELOPMENT OF SO-CALLED DISASTER AREAS, AND 
FOR GENERAL PLANNING ACTIVITIES. 

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

49:1 Redevelopment Areas. Amend RSA 205 by inserting after 
section 4 the following new section: 205:4-a Disasters. Any area 
certified by the governing body of a city or town to be in need of re- 
development or rehabilitation as a result of a flood, fire, hurricane, earth- 
quake, storm, or other catastrophe respecting which the governor of 
the state has certified the need for disaster assistance under pubhc 
law 875, Eighty-first Congress, or other federal law, shall be a blighted 
area within the meaning of this chapter but clauses (1) and (3) of RSA 
205:4 shall not be applicable to a redevelopment plan for a redevelop- 
ment project carried out in such a disaster area. 

49:2 Gene?.-al Planning. Amend RSA 205 by inserting after sec- 
tion 9 the following new sections: 205:9-a Preliminary or General 
Planning of Redevelopment Activities. A housing authority is author- 
ized to make preliminary or general plans outlining redevelopment ac- 
tivities for the community as a whole or for neighborhoods to embrace 
two or more redevelopment project areas, preliminary surveys to deter- 
mine if the undertaking and carrying out of a redevelopment project 
are feasible, and plans for carrying out a program of voluntary repair 
and rehabilitation of buildings and improvements. 

205:9-b Demonstration Projects. A housing authority is author- 
ized to develop, test and report methods and techniques, and carry out 
demonstrations and activities, for the prevention and the elimination 
of urban blight. 

49:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 9, 1959,] 
[Effective date June 8, 1959.] 



54 Chapters 50, 51 [1959 

CHAPTER 50. 

AN ACT RELATIVE TO THROWING, DEPOSITING AND DUMPING OF REFUSE. 

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

50:1 Prohibition. Amend RSA 249:27 by striking out the word 
"more" in the seventh line and inserting in place thereof the word, 
less, and by adding- after the word "dollars" the words, nor more than 
one hundred dollars, so that said section as amended shall read as fol- 
lows: 249:27 Throwing, Depositing and Dumping of Refuse: Penalty. 
If any person .shall put or place, or cause to be put or placed, in or upon 
any highway, street, square, lane, alley, public bathing place or the ap- 
proaches thereto, or into any public waters, streams or watercourse 
or other public place in any city or town any bottles, glass, crockery, 
cans, scrap metal, junk, paper, garbage, old automobile or parts there- 
of or refuse of any nature whatsoever or any noxious thing, he shall 
be fined not less than twenty-five dollars nor more than one hundred 
dollars. Provided that nothing herein shall be construed as affecting 
authorized collections of such articles as garbage or refuse. 

50:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 9, 1959.] 
[Effective date June 8, 1959.] 



CHAPTER 51. 

AN ACT RELATIVE TO SERVING MILK FOR DRINKING FROM BULK CONTAINERS. 

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

51:1 Sale of Milk. Amend RSA 184:27 by striking out the word 
"full" in the eleventh line and by striking out the words "patron so 
served" in the same line and inserting in place thereof the word, 
patrons, so that said section as amended shall read as follows: 184:27 
Limitations on Requirements. Nothing contained in this sub-division 
shall be construed to prevent or prohibit a person from purchasing milk 
in bulk for uses other than for serving patrons for drinking purposes, 
nor to prevent the sale or serving of cream, skimmed milk, or buttermilk 
from bulk, if the same is pure and wholesome and is sold and served 
as cream, skimmed milk, or buttermilk, nor shall it prevent or prohibit 
the sale of milk in mixed drinks at soda fountains. Nor shall it serve 
to prohibit the serving of homogenized pasteurized milk from dispensers 
approved by the state department of health whose bulk containers have 



1959] Chapter 52 55 

been filled and sealed at a pasteurization plant, provided that the dis- 
penser is in view of the patrons. 

51:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 9, 1959.] 
[Effective date April 9, 1959.] 



CHAPTER 52. 

AN ACT AUTHORIZING REHABILITATION WORK IN REDEVELOPMENT PROJECTS. 

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

52:1 Redevelopment Projects. Amend RSA 205 by inserting after 
section 1 the following new section: 205:l-a Findings and Declaration 

of Necessity. It is hereby found and declared that (a) certain of the 
blighted areas and the areas in the process of becoming blighted, or 
portions thereof may, through the means provided herein, be sus- 
ceptible of conservation or rehabilitation in such manner that the con- 
ditions and evils of blight may be eliminated, remedied or prevented 
and, to the extent feasible, the salvable blighted areas should be con- 
served and rehabilitated through voluntary action and the regulatory 
process, and (b) all powers conferred in this chapter are for public uses 
and purposes for which public money may be expended and such other 
powers exercised, and the necessity in the public interest for these pro- 
visions is hereby declared as a matter of legislative determination. 

52:2 Authority Granted. Amend RSA 205 by inserting after sec- 
tion 2 the following new section: 205:2-a Rehabilitation Work. Any 

housing authority now or hereafter established pursuant to RSA 203 
may carry out as a redevelopment project or as a part of a redevelop- 
ment project, any work or undertaking to remove, prevent or reduce 
blight, blighting factors, or the cause of blight in blighted areas and 
in areas in the process of becoming blighted, or in portions thereof, by 
the planning and performance of rehabilitation or conservation work, 
which may include the making and carrying out of plans for a progi-am 
of voluntary repair and rehabilitation of buildings or other improve- 
ments; the installation, construction or reconstruction of streets, utili- 
ties, parks, playgrounds and other improvements; and the work and 
undertakings under other provisions of this chapter or any combination 
of such work or undertakings. 

52:3 Additional Powers Granted. Amend RSA 205 by adding at 
the end thereof the following new sections: 205:11 Workable Pro- 
gram. The governing body of a municipality, or such public officer or 
public body as it may designate, is hereby authorized to prepare a work- 



56 Chapter 53 [1959 

able program, which may include an official plan of action as it exists 
from time to time for effectively dealing- with the problem of blighted, 
deteriorated or deteriorating areas within the community and for the 
establishment and preservation of a well planned community with well 
organized neighborhoods, for utilizing appropriate private and public 
resources to eliminate and to prevent the development or spread of 
such areas, to encourage needed rehabilitation, to provide for the re- 
development of blighted areas, and to establish and preserve a well 
planned community. 205:12 Relocation Payments. A housing au- 
thority is authorized to make plans for relocation of and to make pay- 
ment to persons, including families, business concerns and others, dis- 
placed by a redevelopment project, for moving expenses and loss of 
property for which reimbursement or compensation is not otherwise 
made, including the making of such payments financed by the federal 
government, provided that any amount set aside for any such payments 
not financed by the federal government shall be approved by the govern- 
ing body of the municipality. 

52:4 Takes Effect. This act shall take effect upon its passage. 
[Approved April 9, 1959.] 
[Effective date April 9, 1959.] 



CHAPTER 53. 



AN ACT RELATIVE TO THE USE OF OUTBOARD MOTORS AND POWER BOATS BY 
STATE EMPLOYEES AND THE REGISTRATION OF STATE OWNED POWER BOATS 

AND OUTBOARD MOTORS. 

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

53:1 Restrictions on Boating; Application. Amend RSA 486 by 
inserting after section 4 the following new section: 486:5 State Em- 
ployees. The provisions of this chapter shall not apply to the use of 
outboard motor or power boats by state employees when essential to 
the discharge of their official duties in an emergency or other extra- 
ordinary situation. 

53:2 Exemption from Registration Fee. Amend RSA 270:5 by 
inserting at the end of said section the following new paragraph: 

V. Power boats and outboard motors owned and operated by 
the state shall be exempt from registration fees but shall be registered 
as any other power boat or outboard motor. 



1959] Chapters 54, 55 57 

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

[Approved April 9, 1959.] 
[Effective date June 8, 1959.] 



CHAPTER 54. 



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: 

54:1 Supplemental Appropriation. The sum of two hundred 
thousand dollars is hereby appropriated for the fiscal year ending- June 
30, 1959 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 department, institution or 
account. The sum hereby appropriated shall be a charge on the general 
fund. 

54:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 9, 1959.] 
[Effective date April 9, 1959.] 



CHAPTER 55. 



AN ACT AUTHORIZING THE DIRECTOR OF PURCHASE AND PROPERTY TO 
PURCHASE IN ADVANCE OF REQUISITION. 

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

55:1 Advance Purchases. Amend RSA 8:21 by striking out said 
section and inserting in place thereof the following: 8:21 Sundrj^ 
Materials and Supplies. 

I. The director of purchase and property may purchase materials 
and supplies in advance of requisition by state departments and institu- 
tions, and such purchases shall be a charge against each departmental 
or institutional appropriation upon requisition and delivery. 

II. The state treasurer upon presentation by the director of 
purchase and property of manifests covering said supplies is author- 
ized to pay the same from any money in the treasury not otherwise 
appropriated. 



58 Chapter 56 [1959 

III. The director of purchase and property is authorized to 
assess a fair and equitable charge with respect to such materials and 
supplies, such charg-e to be made against the departmental or institu- 
tional appropriation upon requisition and delivery. Such charges shall 
be sufficiently high to defray all administrative, warehousing, process- 
ing, distribution and transportation costs incurred by the division of 
purchase and property plus the cost of supplies necessary to the 
operation of the division. 

IV. The funds arising from such charges shall be separately 
accounted for, and are hereby appropriated to and made available for 
expenditure by the director of purchase and property, subject to the 
approval of the comptroller, for the purposes set forth in paragraph 
III hereof. 

55:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 15, 1959.] 
[Effective date April 15, 1959.] 



CHAPTER 56. 



AN ACT PKOVIDING FOR NOTICE TO TOWNS OR CITIES RELATIVE TO CERTAIN 
BILLS PENDING BEFORE THE GENERAL COURT. 

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

56:1 Private Bills Affecting Municipal Subdivisions. Amend RSA 
14 by inserting after section 6 the following new section: 14:6-a 
Notice Required. Whenever there is introduced into either branch of 
the general court a private act which relates to a particular town or 
city or other political subdivision the legislative drafting service in 
the office of the attorney general shall forthwith send copies thereof 
to the board of selectmen of the town, governing body of the city or 
executive head of the political subdivision concerned and to the clerk 
of the town, city or political subdivision. Said service may also forward 
copies of the bill to any other officials of the municipality who, in the 
judgment of the service, should receive notice of the introduction of 
said bill. 

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

[Approved April 15, 1959.] 
[Effective date June 14, 1959.] 



1959] Chapters 57, 58 59 

CHAPTER 57. 

AN ACT RELATIVE TO QUESTION AS TO INTEREST AND DIVIDEND INCOME 
ON ANNUAL INVENTORY BLANK. 

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

57:1 Information Required. Amend RSA 77:30-a (supp) as in- 
serted by 1957, 317:2 by striking out the same and inserting in place 
thereof the following: 77:30-a Question on Inventory Blank. The 

inventory blank referred to in RSA 74:4 shall contain the following 
question: "Did you last year receive income from one or more trustees, 
none of whom is an inhabitant of this state, or has derived his appoint- 
ment from a court of this state, which ,said trustee received as interest 
or dividends and which if received directly by you from its source would 
be subject to taxation?" 

57:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 15, 1959.] 
[Effective date June 14, 1959.] 



CHAPTER 58. 



AN ACT RELATIVE TO ACCEPTANCE OF CONTRACTS FOR HIGHWAY 
IMPROVEMENT AND CONSTRUCTION. 

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

58:1 Highway Contracts. Amend RSA 228:4 by inserting after 
paragraph II the following new paragraph : III. Notwithstanding the 
provisions of paragraph II the commissioner, in the case of a contract 
for highway improvement and construction, shall have ninety days after 
the opening of bids in which to award and execute the contract. 

58:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 16, 1959.] 
[Effective date April 16, 1959.] 



60 Chapter 59 [1959 

CHAPTER 59. 

AN ACT RELATIVE TO REGISTRATION FEES OF MOTOR BOATS AND 
OUTBOARD MOTORS. 

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

59:1 Boats and Outboard Motors. Amend RSA 270:5 (supp) as 
amended by 1959, 53 by striking" out said section and inserting in place 
thereof the following: 270:5 Fees. The commission shall collect fees 
as follows: 

I. Commercial Boats. There shall be paid to the commission for 
every such boat inspected as to which a certificate is g^iven by said com- 
mission, a fee based upon the following schedule: Boats used for pas- 
seng-ers only, or for passengers and freight, permitted to carry a maxi- 
mum of not exceeding ten persons, six dollars ; boats permitted to carry 
a maxiumu of more than ten and not exceeding twenty-five persons, 
twelve dollars; boats permitted to carry a maximum of more than twenty- 
five and not exceeding one hundred and fifty persons, eighteen dollars; 
boats permitted to carry over one hundred and fifty persons, thirty 
dollars; boats used exclusively for towing freight, twelve dollars. 

11. Operators' Licenses. There shall be paid to the commission 
for every general certificate of captain, master, pilot or engineer, two 
dollars ; and for every limited certificate of captain, master, pilot or en- 
g-ineer, one dollar. A general certificate shall entitle the holder thereof 
to act in the capacity named on any boat of the class described in the 
certificate; a limited certificate shall entitle him to act in such capacity 
only on a particular boat named in the certificate. Only one certificate 
shall ibe required to entitle the holder thereof to act in any or all the 
above capacities on any motor boat permitted to carry a maximum of 
twenty-five persons. 

TIL Private Boats; Outboard Motors. There shall be paid to the 
commission for each reg-istration for privately operated outboard motors 
a fee as follows: For outboard motors up to and including the manu- 
facturer's rated capacity of five horsepower, three dollars; for motors 
with the manufacturer's rated capacity of five and one-tenth horsepower 
to thirteen and nine- tenths horsepower, four dollars ; for motors with the 
manufacturer's rated capacity of fourteen horsepower and over, five 
dollars. In case of boats propelled by more than one outboard motor the 
fee shall be computed on the horsepower of each individual motor. 

IV. Private Boats; Inboard Type. There shall be paid to the 
commission for each registration for privately operated inboard boats a 
fee as follows: For boats up to and including eighteen feet in length, 
five dollars; for boats in excess of eighteen feet in length and not ex- 
ceeding twenty-six feet in length, eight dollars; for boats in excess of 



1959] Chapter 60 61 

twenty-six feet in length, ten dollars. The length of boats shall be de- 
termined by the outside overall dimension measured along the center 
line of the craft from the bow to the stern. 

V. Dealer's Registration. There shall be paid to the commis- 
sion by a manufacturer or dealer for a registration certificate, as pro- 
vided by section 21, five dollars. Those requiring more than one number 
plate shall pay to the commission three dollars for each additional plate. 

VI. Power boats and outboard motors owned and operated by the 
state shall be exempt from registration fees but shall be registered as any 
other power boat or outboard motor. 

59:2 Takes Effect. The provisions of this act shall become 
effective for all registrations issued for the calendar year 1960. 
[Approved April 21, 1959.] 
[Eflfective for all 1960 registrations.] 



CHAPTER 60. 



AN ACT RELATIVE TO DAMAGING AND DETAINING LIBRARY AND GALLERY 

PROPERTY. 

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

60:1 Wilful Damage. Amend RSA 572 by inserting after section 
42 the following new sections: 572:42-a Offenses Against Libraries. 

Any person who shall wilfully or maliciously deface, damage or destroy 
any property belonging to or in the care of any gallery or museum or any 
state, public, school, college, or other institutional library, shall be fined 
not more than three hundred dollars. Any such person shall forfeit to or 
for the use of such library, gallery, or museum, three times the amount 
of the damage sustained, to be recovered in an action in the superior court. 
572:42-b Detaining Books. Any person who wilfully detains any book, 
newspaper, magazine, manuscript, pamphlet, publication, recording, film 
or other property belonging to or in the care of any gallery or museum 
or any state, public, school, college or other institutional library, may be 
given written notice to return it, which shall bear upon its face a copy 
of this section, mailed by certified mail to his last address or delivered by 
a person designated by the lawful custodian of such property; and if he 
shall thereafter wilfully and knowingly fail to return such property with- 
in fifteen days after such notice, he shall be fined not more than one hun- 
dred dollars. 

60:2 Repeal. RSA 572:42, relative to oflTenses against libraries, is 
hereby repealed. 



62 Chapter 61 [1959 

60:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 21, 1959.] 
[Effective date June 20, 1959.] 



CHAPTER 61. 

AN ACT RELATING TO INVESTMENTS OF SAVINGS BANKS. 

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

61:1 Loan Secured by Mortgages of New Hampshire Real Estate. 

Amend paragraph I of RSA 387:4 (supp) as amended by 1955 214:13, by 
inserting after the words "which payments" where they appear in the 
first sentence thereof, the following: so long as the balance of the loan 
exceeds seventy per cent of the value of the real estate by which it is 
secured, so that said paragraph I as amended shall read as follows : 

I. New Hampshire Real Estate. Those directly secured by first 
mortgage on real estate situated within this state or within any state 
contiguous to this state ; but no such investment shall be in a loan that 
exceeds seventy per cent of the value of the real estate by which it is 
secured ; except that investment may be in a loan which exceeds seventy 
per cent but not eighty per cent of the value of the real estate by which 
it is secured, provided that it be secured by a first mortgage on real 
estate in this state containing a dwelling unit for not more than four 
families, and which mortgage shall provide for payment of the note 
within a period of twenty years from the date when the first monthly 
payment shall become due, and the first monthly payment shall become 
due nine months from the date of the note or one month from the final 
disbursement of funds, whichever shall first occur, and which payments, 
so long as the balance of the loan exceeds seventy per cent of the value 
of the real estate by which it is secured, shall include a proportionate 
share of the amount necessary to pay the real estate and other taxes 
upon such property. No loan on mortgage shall be made except upon 
written application showing the date, name of applicant, amount asked 
for and security offered, and except upon report of not less than two 
members of the board of trustees or board of directors, who ,shall certify 
on said application, according to their best judgment, on the basis of an 
appraisal made by one of their members, or by some officer of the bank, 
or some appraiser employed by the bank for the purpose of appraisal, the 
value of the premises to be mortgaged ; and such application shall be filed 
and preserved with the records of the corporation. The premises so 
mortgaged shall be revalued in the same manner at intervals of not more 
than five years so long as they are mortgaged to the corporation. If at 



1959] Chapter 62 63 

the time of such revakiation the amount of the loan is in excess of 
the percentag'e of the value of the premises mortgaged, as allowed 
above, a sufficient reduction in the amount of the loan shall be required, 
as promptly as may be practical, to bring the loan to within the author- 
ized percentage. In determining whether any loan exceeds the authorized 
percentage of the value 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' Affairs under Title III of the Servicemen's Re- 
adjustment Act of 1944, as amended from time to time, or (2) an obliga- 
tion wholly guaranteed under such title or (3) that portion of any loan 
or obligation which the Small Business Administration has uncondi- 
tionally agreed to purchase, nor shall any bank be restricted to the above 
authorized percentages on a loan secured by property which the borrower 
is purchasing from the bank. 

61:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 21, 1959.] 
[Effective date June 20, 1959.] 



CHAPTER 62. 



AN ACT INCREASING EXAMINATION FEES FOR THE PRACTICE OF 

ACCOUNTANCY. 

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

62:1 Examination Fee for Accountants. Amend RSA 309:7 by 
striking out the words "twenty-five" in the second line and inserting in 
place thereof the word, thirty-five, and by striking the word "ten" in the 
sixth line and inserting in place thereof the word, twenty, so that said 
section as amended shall read as follows: 309:7 Fees. The board 
shall charge for the examinations provided for herein the fee of thirty- 
five dollars. This fee shall be payable by the applicant at the time of 
making application. In case the application is rejected, the fee shall be 
refunded. Should the applicant fail to pass the required examination, re- 
examination or subsequent examinations shall be given for an additional 
fee of twenty dollars for each examination. No additional fee shall be 
charged for the certificate of a successful applicant. 

62:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 21, 1959.] 
[Effective date June 20, 1959.] 



64 Chapters 63, 64 [1959 

CHAPTER 63. 

AN ACT RELATIVE TO EMERGENCY BORROWING BY THE STATE TREASURER. 

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

63:1 Borrowing Limit. Amend RSA 6:13 by striking out said 
section and inserting in place thereof the following: 6:13 Borrowing 
Money. If money due from the state is demanded and there are not 
sufficient funds in the treasury available for the payment of the same, 
the treasurer under the direction of the governor and council is author- 
ized to borrow on the state's credit for a period of not more than five 
years, at the lowest rate of interest obtainable, such sums as may be 
necessary. At no time shall borrowing outstanding with respect to any 
fiscal year exceed three million dollars. The renewal of existing obliga- 
tions incurred hereunder shall not be considered in computing outstand- 
ing borrowing nor shall previously retired obligations of the current fiscal 
year be considered. 

63:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 21, 1959.] 
[Effective date June 20, 1959.] 



CHAPTER 64. 

AN ACT RELATIVE TO ELECTED OFFICIALS AS SPECIAL POLICE OFFICERS. 

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

64:1 City Officials. Amend RSA 48:1 (supp) as amended by 1955, 
17:1 by inserting after the word "firemen" in the seventh line the words, 
or special police officers, so that said section as amended shall read as 
follows: 48:1 Disqualification for Employment by City. No publicly 
elected official of a city, except school district officers, who as such 
official is authorized to appropriate or expend public funds shall be em- 
ployed during the term for which he is elected by any department, board 
or commission of the city in any other capacity or in any other position 
of employment by the city where compensation is allowed, except as 
justice or clerk of the municipal court, or call firemen, or special police 
officer; provided that in case any city charter, at the time this section 
takes effect, provides specifically that certain elected officials may be 
employed in other specified employments, or positions, contrary to the 
provisions of this section, the provisions of said charter shall prevail. 
Upon the acceptance of any such prohibited employment by a publicly 



1959] Chapter 65 65 

elected official, as prohibited herein, the elective office shall forthwith be- 
come vacant and shall be filled as provided by law. The provisions of this 
section sliall not affect the rights of cities or towns to make such con- 
solidation of official function as may have been heretofore authorized by 
statute. 

64 ;2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 21, 1959.] 
[Effective date June 20, 1959.] 



CHAPTER 65. 

AN ACT RELATIVE TO CERTAIN REFUNDS FROM THE STATE TREASURY. 

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

65:1 General Funds. Amend RSA 6 by inserting after section 12 
the following new section : 6:12-a Refunds. Whenever it shall appear 
that a state department or agency has in the course of its administration 
received funds from sources outside the state treasury designated as 
revenue, which said funds have been paid into the treasury, and it is later 
found that certain of said revenue so paid in is in excess of the amounts 
which should legally be paid to the state, the head of the department or 
agency concerned may certify the facts of such excess revenue to the 
comptroller and request a repaj^ment thereof to the persons entitled 
thereto. The governor, with the consent of the council, may, in such in- 
stances, draw his warrants for the repayment of such excess revenue 
from funds in the treasury not otherwise appropriated and the comp- 
troller and the treasurer shall credit such repayments to the proper 
revenue item for the department or agency concerned. 

65:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 21, 1959.] 
[Effective date June 20, 1959.] 



66 Chapter 66 [1959 

CHAPTER 66. 

AN ACT TO' PROVIDE FOR THE REGULATION OF CREDIT LIFE INSURANCE 
AND CREDIT ACCIDENT AND HEALTH INSURANCE. 

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

66:1 New Chapter. Amend RSA by inserting- after chapter 408 
the following new chapter: 

Chapter 408-A 
Credit Life and Accident and Health Insurance 

408-A :1 Purpose. The purpose of this chapter is to promote the 
public welfare by regulating credit life insurance and credit accident nnd 
health insurance. Nothing in this chapter is intended to prohibit or dis- 
courage reasonable competition. The provisions of this chapter shall be 
liberally construed. 

408-A :2 Scope and Definitions. (1) This chapter may be cited 
as "The Model Act for the Regulation of Credit Life Insurance and Credit 
Accident and Health Insurance." 

(2) All life insurance and all accident and health insurance sold 
in connection with loans or other credit transactions of less than five 
years' duration shall be subject to the provisions of this chapter. Such 
insurance sold in connection with a loan or other credit transaction of 
five years' duration or more shall not be subject to the provisions of this 
chapter. 

(3) For the purpose of this chapter: 

(a) "Credit life insurance" means insurance on the life of a 
debtor pursuant to or in connection with a specific loan or other credit 
transaction ; 

(b) "Credit accident and health insurance" means insurance 
on a debtor to provide indemnity for payments becoming due on a specific 
loan or other credit transaction while the debtor is disabled as defined in 
the policy ; 

(c) "Creditor" means the lender of money or vendor or 
lessor of goods, services, property, rights or privileges, for which payment 
is arranged through a credit transaction or any successor to the right, 
title or interest of any such lender, vendor, or lessor, and an affiliate, 
associate or subsidiary of any of them or any director, officer or employee 
of any of them or any other person in any way associated with any of 
them; 

(d) "Debtor" means a borrower of money or a purchaser or 
lessee of goods, services, property, rights or privileges for which pay- 
ment is arranged through a credit transaction; 



1959J Chapter 66 67 

(e) "Indebtedness" means the total amount payable b^' a 
debtor to a creditor in connection with a loan or other credit trans- 
action ; 

(f) "Commissioner" means the insurance commissioner of 
the state of New Hampshire. 

408-A;3 Forms of Credit Life Insui^ance and Credit Accident and 
Health Insurance. Credit life insurance and credit accident and health 
insurance shall be issued only in the following form.s: 

( 1 ) Individual policies of life insurance issued to debtors on the 
term plan; 

(2) Individual policies of accident and health insurance issued 
to debtors on a term plan or disability benefit provisions in individual 
policies of credit life insurance; 

(3) Group policies of life insurance issued to creditors pro- 
viding- insurance upon the lives of debtors on the term plan ; 

(4) Group policies of accident and health insurance issued to 
creditors on a term plan insuring- debtors or disability benefit provisions 
in group credit life insurance policies to provide such coverage. 

408-A:4 Amount of Credit Life Insurance and Credit Accident 
and Health Insurance. (1) Credit Life Insurance, The amount of 
credit life insurance shall not exceed the initial indebtedness. Where an 
indebtedness repayable in substantially equal installments is secured by 
an individual policy of credit life insurance, the amount of insurance 
shall at no time exceed the scheduled amount of indebtedness, and where 
secured by a group policy of credit life insurance, shall at no time ex- 
ceed the amount of unpaid indebtedness. 

(2) Credit Accident and Health Insurance. The total amount 
of indemnity payable by credit accident and health insurance in the event 
of disability, as defined in the policy, shall not exceed the aggregate of 
the periodic scheduled unpaid installments of the indebtedness; and the 
amount of each periodic indemnity payment shall not exceed the original 
indebtedness divided by the number of periodic installments. 

408- A :5 Term of Credit Life Insurance and Credit Accident and 
Health Insurance. The term of any credit life insurance or credit 
accident and health insurance shall, subject to acceptance by the insurer, 
commence on the date when the debtor becomes obligated to the creditor, 
or the date from which interest or finance charges accrue if later, except 
that, where a group policy provides coverage with respect to existing 
obligations, the insurance on a debtor with respect to such indebtedness 
shall commence on the effective date of the policy. Where evidence of in- 
surability is required and such evidence is furnished more than thirty 
days after the date when the debtor becomes obligated to the creditor, 
the term of the insurance mav commence on the date on which the insur- 



68 Chapter 66 [1959 

ance company determines the evidence to be satisfactory, and in such 
event there shall be an appropriate refund or adjustment of any charge to 
the debtor for insurance. The term of such insurance shall not extend more 
than fifteen days beyond the scheduled maturity date of the indebtedness 
except when extended without additional cost to the debtor. If the in- 
debtedness is discharg-ed due to renewal or refinancing prior to the 
scheduled maturity date, the insurance in force shall be terminated be- 
fore any new insurance may be issued in connection with the renewed or 
refinanced indebtedness. In all cases of termination prior to scheduled 
maturity, a refund shall be paid or credited as provided in section 8. 

408-A:6 Provisions of Policies and Certificates of Insurance; 
Disclosure to Debtors. (1) All credit life insurance and credit accident 
and health insurance sold shall be evidenced by an individual policy, or 
in the case of group insurance by a certificate of insurance, which in- 
dividual policy or group certificate of insurance shall be delivered to the 
debtor. 

(2) Each individual policy or group certificate of credit life in- 
surance, and/or credit accident and health insurance shall, in addition to 
other requirements of law, set forth the name and home office address of 
the insurer, and the identity by name or otherwise of the person or per- 
sons insured, the rate or amount of payment, if any, by the debtor sepa- 
rately for credit life insurance and credit accident and health insurance, a 
description of the amount, term and coverage including any exceptions, 
limitations or restrictions, and shall state that the benefit shall be paid 
to the creditor to reduce or extinguish the unpaid indebtedness and, 
wherever the amount of insurance may exceed the unpaid indebtedness, 
that any such excess shall be payable to a beneficiary, other than the 
creditor, named by the debtor or to his estate. 

(3) Said individual policy or group certificate of insurance shall 
be delivered to the insured debtor at the time the indebtedness is in- 
curred except as hereinafter provided. 

(4) If said individual policy or group certificate of insurance 
is not delivered to the debtor at the time the indebtedness is incurred, a 
copy of the application for such policy or a notice of proposed insurance, 
signed by the debtor and setting forth the name and home office address 
of the insurer, the identity by name or otherwise of the person or per- 
sons insured, the rate or amount of payment by the debtor, if any, 
separately for credit life insurance and credit accident and health in- 
surance, a description of the amount, term and coverage provided, shall 
be delivered to the debtor at the time such indebtedness is incun'ed. 
The copy of the application for, or notice of proposed insurance, shall 
refer exclusively to insurance coverage, and shall be separate and apart 
from the loan, sale or other credit statement of account, instrument or 
agreement, unless the information required by this subsection is promi- 



1959J Chapter 66 69 

nently set forth therein. Upon acceptance of the insurance by the in- 
surer and within thirty days of the date upon which the indebtedness is 
incurred, the insurer shall cause the individual policy or group certificate 
of insurance to be delivered to the debtor. Said application or notice of 
proposed insurance shall state that upon acceptance by the insurer, the 
insurance shall become effective as provided in section 5 of this chapter. 

408-A:7 Filing, Approval and Withdrawal of Forms. (1) All 

policies, certificates of insurance, notices of proposed insurance, appli- 
cations for insurance, endorsements and riders shall be filed v/ith the 
commissioner of the state in which the policy is issued. 

(2) The commissioner shall within thirty days after the filing 
of any such policies, certificates of insurance, notices of proposed in- 
surance, applications for insurance, endorsements and riders, dis- 
approve any such form if the table of premium rates charged or to be 
charged appears by reasonable assumptions to be excessive in relation to 
benefits, or if it contains provisions which are unjust, unfair, inequitable, 
misleading, deceptive or encourage misrepresentation of the coverage, 
or are contrary to any provision of the insurance code or any rule or 
regulation promulgated thereunder. 

(3) If the commissioner notifies the insurer that the form is 
disapproved, it is unlawful thereafter for such insurer to issue or use 
such form. In such notice, the commissioner shall specify the reason for 
his disapproval and state that a hearing will be granted within twenty 
days after request in writing by the insurer. No such policy, certificate 
of insurance, notice of proposed insurance, nor any application, endorse- 
ment or rider, shall be issued or used until the expiration of thirty days 
after it has been so filed, unless the commissioner shall give his prior 
written approval thereto. 

(4) The commissioner may, at any time after a hearing held 
not less than twenty days after written notice to the insurer, withdraw 
his approval of any such form on any ground set forth in subsection 2 
above. The vvTitten notice of such hearing shall state the reason for the 
proposed withdrawal. 

(5) It is not lawful for the insurer to issue such forais or use 
them after the effective date of such withdrawal. 

(6) Any order or final determination of the commissioner un- 
der the provisions of this section shall be subject to judicial review. 

408-A:8 Premiums and Refunds. (1) Each insurer issuing 
credit life insurance or credit accident and health insurance shall file with 
the commissioner its schedules of premium rates for use in connection 
with such insurance. Any insurer m.ay revise such schedules from time 
to time, and shall file such revised schedules with the commissioner. No 
insurer shall issue any credit life insurance policy or credit accident and 
health insurance policy for which the premium rate exceeds that de- 



70 Chapter 66 [1059 

termined by the schedules of such insurer as then on file with the com- 
missioner. The commissioner may require the filing- of the schedule of 
premium rates for use in connection with and as a part of the specific 
policy filing's as provided by section 7. 

(2) Each individual policy, group certificate or notice of pro- 
posed insurance shall provide that in the event of termination of the 
insurance prior to the scheduled maturity date of the indebtedness, any 
refund of an amount paid by the debtor for insurance shall be paid or 
credited promptly to the person entitled thereto ; provided, however, that 
the commissioner shall prescribe a minimum refund and no refund which 
would be less than such minimum need be made. The formula to be used 
in computing such refund shall be filed with and approved by the com- 
missioner. 

(3) If a creditor requires a debtor to make any payment for 
credit life insurance or credit accident and health insurance and an m- 
dividual policy or group certificate of insurance is not issued, the creditor 
shall immediately give written notice to such debtor and shall promptly 
make an appropriate credit to the account. 

(4) The amount charged to a debtor for credit life or credit 
health and accident insurance shall not exceed the premium charged by 
the insurer, as computed at the time the charg-e to the debtor is de- 
termined. 

408-A:9 Issuance of Policies. All policies of credit life insur- 
ance and credit accident and health insurance shall be delivered or issued 
for delivery in this state only by an insurer authorized to do an insur- 
ance business therein, and shall be issued only through holders of 
licenses or authorizations issued by the commissioner. 

408- A: 10 Claims. (1) All claims shall be promptly reported to 
the insurer or its designated claim representative, and the insurer shall 
maintain adequate claim files. All claims shall be settled as soon as 
possible and in accordance with the terms of the insurance contract. 

(2) All claims shall be paid either by draft drawn upon the in- 
surer or by check of the insurer to the order of the claimant to whom pay- 
ment of the claim is due pursuant to the policy provisions, or upon 
direction of such claimant to one specified. 

(3) No plan or arrangement shall be used whereby any person, 
firm or corporation other than the insurer or its designated claim rep- 
resentative shall be authorized to settle or adjust claims. The creditor 
shall not be designated as claim representative for the insurer in adjust- 
ing claims; provided, that a group policyholder may, by arrangement 
with the group insurer, draw drafts or checks in payment of claims due 
to the group policyholder subject to audit and review by the insurer. 

408-A:ll Existing Insurance, Choice of Insurer. When credit 
life insurance or credit accident and health insurance is required as addi- 



1959] Chapter 66 71 

tional security for any indebtedness, the debtor shall, upon request to 
the creditor, have the option of furnishing the required amount of in- 
surance through existing policies of insurance owned or controlled by him 
or of procuring and furnishing the required coverage through any in- 
surer authorized to transact an insurance business within this state. 

408-A:12 Enforcement. The commissioner may, after notice 
and hearing, issue such rules and regulations as he deems appropriate 
for the supervision of this chapter. Whenever the commissioner finds that 
there has been a violation of this chapter or any rules or regulations 
issued pursuant thereto, and after written notice thereof and hearing 
given to the insurer or other person authorized or licensed by the com- 
missioner, he shall set forth the details of his findings together with an 
order for compliance by a specified date. Such order shall be binding on 
the insurer and other person authorized or licensed by the commissioner 
on the date specified unless sooner withdrawn by the commissioner or a 
stay thereof has been ordered by a court of competent jurisdiction. 

408-A:13 Judicial Review. Any party to the proceeding 
affected by an order of the commissioner shall be entitled to a rehearing 
and appeal in accordance with the provisions of RSA 541. 

408-A:14 Penalties. In addition to any other penalty provided 
by law, any person who violates an order of the commissioner after it 
has become final, and while such order is in effect, shall, upon proof 
thereof to the satisfaction of the court, forfeit and pay to the state of 
New Hampshire a sum not to exceed two hundred fifty dollars which 
may be recovered in a civil action, except that if such violation is found 
to be willful, the amount of such penalty shall be a sum not to exceed 
one thousand dollars. The commissioner, in his discretion, may revoke or 
suspend the license or certificate of authority of the person guilty of 
such violation. Such order for suspension or revocation shall be upon 
notice and hearing, and shall be subject to judicial review as provided in 
section 13 of this chapter. 

408-A:15 Separability Provision. If any provision of this chap- 
ter, or the application of such provision to any person or circumstances, 
shall be held invalid, the remainder of the chapter, and the apiolication 
of such provision to any person or circumstances other than those as to 
which it is held invalid, shall not be affected thereby. 

66:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 23, 1959.] 
[EflTective date June 22, 1959.] 



72 Chapters 67, 68 [1959 

CHAPTER 67. 

AN ACT RELATIVE TO ADVERTISING BY MOTELS, CABINS AND MOTOR COURTS. 

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

67:1 Motels and Motor Courts. Amend RSA 353 by inserting 
after section 3 the following new subdivision: 

Motels and Motor Courts 

353 :4 Definition of Terms. Terms used in this subdivision shall 
be construed as follows, unless a different meaning is clearly apparent 
from the language or context or is otherwise inconsistent with the mani- 
fest intention of the legislature: 

L ''Motels" are only those public lodging buildings, including 
cabins and motor courts, where entrance is gained thereto, directly from 
the outdoors to guest rooms. 

II. "Room rates" are the prices charged for the rental of 
motel accommodations. 

III. "Operator" is the owner or manager of a motel, whether 
a person or a corporation. 

IV. "Outside sign" is any sign located where same is visible 
to the general public. 

353:5 Signs. No motel operator shall place or cause to be 
placed any outside sign bearing room rates thereon, unless both the 
minimum and maximum rates for such rental appear in such uniform 
size as to be readily discernible by the travelling public. 

353:6 Penalty. Any operator who knowingly violates the pro- 
visions of the foregoing section shall be fined not more than one hundred 
dollars. 

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

[Approved April 23, 1959.] 
[Effective date June 22, 1959.] 



CHAPTER 6<S. 

AN ACT RELATING TO THE COMPETENCY OF NOTARIES. 

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

68:1 Notary Public. Amend RSA 455 by inserting after section 
2 the following new section: 



1959J Chapter 69 73 

455:2-a Competency. It shall be lawful for any notary public or 
any other officer authorized to administer an oath or take an acknowledg- 
ment or proof of an instrument or make protest, who is a stockholder, 
director, ofhcer or employee of a bank or other corporation, to take the 
acknowledgment of any party to any written instrument executed to or 
by such corporation, or to administer an oath to any other stockholder, 
director, officer, employee or agent of such corporation, or to protest for 
non-acceptance or non-payment bills of exchange, drafts, checks, notes 
and other negotiable instruments which may be owned or held for 
collection by such corporation; provided it shall be unlawful for any 
notary public or other officer authorized to administer an oath or take 
an acknowledgment or proof of an instrument or make protest, to take 
the acknowledgment of an instrument executed by or to a bank or other 
corporation of which he is a stockholder, director, officer or employee, 
where such notary or other officer is a party to such instrument, either 
individually or as a representative of such corporation, or to protest any 
negotiable instrument owned or held for collection by such corporation, 
where such notary or other officer is individually a party to such instru- 
ment. This section shall not be construed to imply that the acts herein 
made lawful may heretofore have been unlawful, and no instrument 
heretofore acknowledged or notarized before a notary public or other 
officer who would have been competent to act under the terms hereof 
shall hereafter be impugned or invalidated on the grounds that such 
notary public or other officer was incompetent to act. 

68:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 23, 1959.] 
[Effective date June 22, 1959.] 



CHAPTER 69. 

AN ACT RELATING TO STATEMENTS OF CASHIERS OF NATIONAL BANKS. 

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

69:1 Report of Stock Ownership. Amend RSA 84:5 by striking 
out the same and inserting in place thereof the following new section : 

84:5 Statement of Cashier. The cashier of every such bank 
shall on or before April 10 in each year, send by mail, to the selectmen or 
assessors of the several towns of the state in which any of its stock- 
holders reside, on the first day of that month, a statement of the number 
of shares of capital stock of such bank owned by residents of such to>vn 
and the total par value thereof, and to the selectmen or assessors of the 



74 Chapter 70 [1959 

town in which such bank is located a like statement with respect to the 
shares owned by nonresidents of this state, such statements to be made 
under oath. 

69:2 Penalty. Amend RSA 84:6 by striking out the words "a list 
of stockholders and" so that said section as amended shall read as 
follows : 

84:6 Penalty. The cashier of any bank, who shall neglect or 
refuse to comply with the provisions of the preceding section, or who 
shall make a false statement, shall forfeit the sum of one hundred dollars 
for each offense for the use of the tov/n to whose selectmen he did not 
send a statement, as required by said provision. 

69 :3 Takes Effect. This act shall take effect April 9, 1960. 
[Approved April 23, 1959.] 
[Effective date April 9, I960.] 



CHAPTER 70. 

AN ACT RELATIVE TO PROBATE OF WILLS. 

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

70:1 Names of Heirs. Amend KSA 552 by inserting after section 
5 the following new section: 552:5-a Names of Heirs. The executor 
named in the will or any person presenting the will for probate shall, 
with his petition for appointment, file a list of the names of the surviving 
spouse and known heirs at law of tlie testator, their relationships, and 
their addresses, if known. 

70 :2 Notice to Legatees and Heirs at Law. Amend RSA 552 :15 by 

inserting after the word "therein" in the third line the words, and shall 
notify the surviving spouse and heirs at law that the will has been 
proved, so that said section as amended shall read as follows: 552:15 
Notice to Legatees and Heirs at Law. Every executor shall, within sixty 
days after his appointment, notify each legatee specifically named in the 
will of the fact that such legatee appears to be interested therein, and 
shall notify the surviving spouse and heirs at law, if known, that the 
will has been proved, and shall, within ninety days after his appointment, 
certify to the judge that notice as herein required has been given, stat- 
ing in what manner and to whom. 

70:3 Notice. Amend RSA 552:16 bv inserting after the word 
"legatee" where it occurs the words, surviving spouse and heirs at law, 
so that said section as amended shall read as follows: 552:16 — Form 
of Service. The notice shall be in form prescribed by the probate court. 



1959 J Chapters 71, 72 75 

and shall be delivered by such executor to such legatee, surviving spouse 
and heirs at law in person or by sending the same by mail, postage pre- 
paid, addressed to the last known place of residence or place of business 
of such legatee, surviving spouse and heirs at law. When tlie legatee is a 
corporation, association or institution notice shall be given to the presi- 
dent or treasurer thereof. 

70:4 Takes EflFect. This act shall take effect sixty days after its 
passage. 

[Approved April 23, 1959.] 
[Effective date June 22, 1959.] 



CHAPTER 71. 

AN ACT RELATIVE TO TIME FOR TAKING TROUT. 

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

71:1 Time for Taking. Amend RSA 211 by inserting after sec- 
tion 2 the following new section: 211:2-a Trout and Salmon. Not- 
withstanding any other provision of law or rules and regulations promul- 
gated under RSA 206, the taking of brook trout, lake trout, lake trout 
hybrids, aureolus or golden trout and salmon between two hours after 
sunset and one hour before sunrise is prohibited. Whoever violates any 
of the provisions of this section shall be fined not more than ten dollars 
and not more than five dollars for each fish taken in violation hereof. 

71 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 23, 1959.] 
[Effective date April 23, 1959.] 



CHAPTER 72. 



AN ACT RELATIVE TO HAWKS AND OWLS AND THE TAKING OF 
PROTECTED BIRDS. 

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

72 :1 Definitions under Fish and Game Laws. Amend the definition 
for unprotected birds in RSA 207:1 by striking out the words "coopers 
hawk, shark-shinned hawk, great horned owl, barred owl, snowy owl" so 
that said definition as amended shall read as follows : Unprotected Birds : 
English sparrows, European starlings, crows, except such birds as are 
protected by the laws of federal government. 



76 Chapter 73 [1959 

72 :2 Taking Protected Birds. Amend RSA 209 by inserting after 

section 8 the following new section: 209:8-a Exceptions. 

The owner or occupant of lands, the members of his immediate house- 
hold or his employees may kill on such lands, hawks or owls destroying 
poultry or other property. Any person may take protected birds for 
educational or scientific purposes, provided such person shall first obtain 
a wi'itten permit from the director of fish and game for such purpose. 
Such permit shall be in such form as the director of fish and game shall 
prescribe and may be suspended or revoked by him at any time. The pro- 
visions of RSA 214 :30 to 33 inclusive, shall apply to the permits granted 
under the provisions of this section. 

72:3 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved April 28, 1959.] 
[Effective date June 27, 1959.] 



CHAPTER 73. 



AN ACT EXTENDING THE TIME W^HEN EXPENDITURES CAN BE MADE 
FROM CERTAIN AERONAUTICAL APPROPRIATIONS. 

Be it enacted by the Senate and Hotise of Repr^esentatives in General 
Court convened: 

73:1 Time Extended. Amend 1957, 319:2 by striking out the 
figure "1959" in the last line and inserting in place thereof the figure, 
1961, so that said section as amended shall read as follows: 319:2 
Aeronautical Appropriations. Notwithstanding other provisions of law 
the unexpended balance of the amount appropriated by section 33 of 
chapter 306 of the Revised Laws, 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, 1961. 

73:2 Airport Construction. Amend 1957. 319 by inserting after 
section 5 the following new section: 319:5-a Continuing Appropri- 
ation. The appropriation for airport aid and development program pro- 
vided for in section 1 shall not lapse but shall be a continuing appropri- 
ation for the purposes therein stated. 

73:3 Takes Effect. This act shall take effect upon its passage. 
[Approved May 6, 19e59.] 
[Effective date May 6, 1959.] 



1959J Chapter 74 77 

CHAPTER 74. 

AN ACT PROVIDING A LONGER SEASON AND INCREASED LICENSE FEES 
FOR BOW AND ARROW HUNTING. 

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

74:1 Increased Fees. Amend RSA 208:5 (supp) as amended by 
1955, 136:1 by striking out the word "two" in the second line and in- 
serting- in place thereof the word, three; by striking out the word 
"three" in the fourth line and inserting in place thereof the word, four; 
by striking out the words "twenty-one" in the seventh line and insert- 
ing in place thereof the words, thirty-one ; and by striking out the word 
"ten" in the ninth line and inserting in place thereof the word, twenty, 
so that said section as amended shall read as follows: 208:5 Bow and 
Arrow. Any resident holding a valid New Hampshire hunting license 
upon the payment of an additional fee of three dollars, or any non- 
resident holding a valid New Hampshire hunting license upon the pay- 
ment of an additional fee of four dollars, or a nonresident not holding a 
New Hampshire hunting license, upon the payment of a fee of ten 
dollars, shall be issued a special license. Said special license shall entitle 
the holder to hunt deer with bow and arrow for a period of thirty-one 
days immediately prior to the open season for taking deer in Bear Brook 
Reservation and for a period of twenty days immediately prior to the 
open season for taking deer elsewhere, provided that if said nonresi- 
dent not holding a New Hampshire hunting license shall be a person 
under sixteen years of age he shall not be entitled to hunt under said 
special license except when accompanied by a properly licensed person 
who is twenty-one years of age or over. A special license shall not be 
required for residents less than sixteen years of age, but such person 
while hunting with bow and arrow must be accompanied by a properly 
licensed person who is twenty-one years of age or over, and must further 
comply with all provisions of this chapter. Any person taking a deer 
under the provisions of this section shall notify a conservation officer 
within twenty-four hours of such taking. 

74:2 Takes Effect. This act shall take effect January 1, 1960. 
[Approved May 6, 1959.] 
[Effective date January 1, I960.] 



78 Chapters 75, 76 11959 

CHAPTER 75. 

AN ACT RELATIVE TO THE EFFECTIVE DATE OF FEDERAL - STATE OLD AGE 
AND SURVIVORS INSURANCE AGREEMENTS. 

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

75:1 Effective Date of Modification. Amend subparagraph (3) of 
RSA 101:3 I (supp) as amended 1955, 301, part 11:4 by striking out all 
after the word "modification" in the third line so that as amended said 
subparagraph shall read as follows: (3) Such agreement or modifica- 
tion of the agreement shall be effective with respect to services per- 
formed after an effective date specified in such agreement or modifi- 
cation. 

75:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 6, 1959.] 
[Effective date July 5, 1959.] 



CHAPTER 76, 

AN ACT RELATING TO ^JURISDICTION OF MOTOR ^^HICLE OFFENSE. 

Be it enacted by the Senate and House of Representatives in General 
Cou7^t convened.: 

76:1 Municipal Court. Amend RSA 262:21 by striking out the 
words "the nearest" in the second line and inserting in place thereof the 
word, any, so that said section as amended shall read as follows : 262 :21 
Jurisdiction. In case there is no municipal court in the town where the 
offense occurs, any municipal court in the county shall have jurisdiction 
of the offense, and the defendant shall be taken there for trial. 

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

[Approved May 6, 1959.] 
[Effective date July 5, 1959.] 



1959J Chapters 11, 78 79 

CHAPTER 77. 

AN ACT RELATIVE TO VETERANS' BURIAL EXPENSES. 

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

77:1 Change in Amount. Amend RSA 165:16 by striking out the 
word "four" in the sixteenth line and inserting" in place thereof the word, 
five, so that said section as amended shall read as follows: 165:16 
Burial Expenses. Whenever any member or former member of the 
armed forces of the United States, who served in any of the following 
wars or armed conflicts, the Spanisli War, Philippine Insurrection, Boxer 
Rebellion, World War I or World War II, or Korean Conflict, as defined 
in section 17, for a total period of ninety days (unless sooner released 
from such service by reason of disability incurred in service) and whose 
services were terminated under conditions other than dishonorable, dies 
and the commander and adjutant of any recognized veterans' organi- 
zation of which he was a member, or the majority of the selectmen of 
the town or the mayor of the city in which such veteran dies, if he or she 
was not a member of such organization, shall certify under oath to the 
state veterans' council that such veteran did not leave suflicient estate 
to pay the expenses of his or her funeral, the governor shall draw a 
warrant in favor of the commander or adjutant, selectmen, or mayor, for 
a sum not exceeding one hundred dollars to defray such burial expenses, 
provided that the total amount of the funeral expense does not exceed 
five hundred dollars. Within one year from the time of burial of said 
veteran an account, verified by vouchers, of the sums so spent for burial 
expenses shall be sent to the state veterans' council by said commander, 
adjutant, selectmen, city council or mayor. Whoever neglects or refuses 
to furnish said account shall be fined ten dollars. 

77:2 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved May 6, 1959.] 
[Effective date July 5, 1959.] 



CHAPTER 78. 

AN ACT RELATIVE TO MUNICIPAL BUDGET LAW. 

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

78:1 Municipal Budget Law. Amend RSA 32:5 by striking out 
said section and inserting in place thereof the following: 32:5 Prepa- 
ration of Budget. It shall be the duty of the budget committee to pre- 



80 Chapter 78 [1959 

pare budgets according to forms prescribed by the tax commission for 
town expenditures, village district expenditures, and school expendi- 
tures and for this purpose to hold at least one public hearing on each 
budget, notice of which shall be given at least seven days in advance. In 
the preparation of the budgets the budget committee shall consult the 
selectmen, school board, village district commissioners, and other officers 
and departments as to the costs of government, revenue anticipated, and 
services performed, and it shall be the duty of any town, school or village 
district officer or employee to furnish information required by said com- 
mittee. It shall also be the duty of all boards of selectmen, of school 
boards and of village district commissioners to prepare and submit to the 
budget committee of the town an itemized statement of expected receipts 
and expenditures for the ensuing year at such time as said budget com- 
mittee shall fix. When completed the budget of the town shall be printed 
in the town report, or separately; the budget of the school in the school 
report, or separately; the budget of the village district in the village dis- 
trict report, or separately; and each shall be distributed or published in 
some newspaper printed or circulated in said town at least nine days 
before the town, school or village district meeting. If any town, having 
adopted the provisions hereof, shall fail to elect or appoint a budget com- 
mittee, the selectmen shall perform the duties of said committee. 

78:2 Limitations. Amend RSA 32:10 by striking out said section 
and inserting in place thereof the following: 32:10 Exceeding' Appro- 
priations. In towns adopting the provisions of this chapter, no board of 
selectmen, school board, commissioners of a village district wholly with- 
in said town, or other expending agencj^ shall pay or agree to pay any 
money or incur any liability involving the expenditure of money for any 
purpose for which an appropriation has not been made, except for the 
purpose of paying judgments rendered against the town or school dis- 
trict, or said village district. Provided however that in cases arising dur- 
ing the year following the annual meeting where changes occur which 
make it unnecessary to use the amount appropriated for a specific pur- 
pose, an unexpended balance may be transferred by the board of select- 
men or the school board, or the village commissioners of such village dis- 
trict from one appropriation to another provided the total amount ex- 
pended for all purposes does not exceed the total amount appropriated 
at the town, school, or village district meetings for all purposes. 

78:3 Certificates Given. Amend RSA 32 by inserting after section 
10 the following new section: 32:10-a Emergencies. In the case of 
any sudden and unexpected emergency the selectmen or village district 
commissioners on application to the tax commission and the school board 
on application to the state board of education, may be given a certificate 
of emergency authorizing them to make an expenditure or incur a 
liability whether or not an appropriation has been made for the same at 



1959] Chapter 79 81 

the preceding- annual meeting- provided, however, that no such certificate 
of emergency shall be granted unless the budget committee of the 
town has approved the expenditure. 

78:4 Correction of Error. Amend RSA 32:13 (supp) as amended 
by 1957, 131:2 by striking- out the figure "12" in the fifth line and in- 
serting in place thereof the figure, 10, so that said section as amended 
shall read as follows: 32:13 Initiation of Removal Proceedings. Up- 
on receipt of the reports provided for by RSA 32:12, the budget com- 
mittee shall examine the same promptly, and if it shall be found that the 
selectmen, town manag-er, school board or village district commissioners 
have failed to comply with the provisions of section 10 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. 

78:5 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 6, 1959.] 
[Effective date July 5, 1959.] 



CHAPTER 79. 



AN ACT RELATH'E TO REIMBURSEMENT TO TOV^N FOR LOSS OF TAX ON 
FOREST RESERVE LANDS. 

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

79:1 Public Forest Lands. Amend RSA 219:27 by striking out 
said section and inserting in place thereof the following: 219:27 State 
Tax; Application, Any town in which national forest lands and land 
held by the state for operation and development as state forest land are 
situated whether acquired by gift, purchase, or in any other manner, 
may apply, by its selectmen, to the tax commission, on forms prepared 
and provided by the said commission, annually, before September first, 
for an abatement of its portion of the state tax, to an amount not ex- 
ceeding one-half the taxes for all purposes which such town might have 
received from taxes on said lands in such year had said lands been tax- 
able. No abatement shall be made for lands held by the state for rec- 
reational purposes. 

79:2 Application for Reimbursement. Amend RSA 219:32 by 

striking out said section and inserting in place thereof the following: 
219:32 Loss of Taxes. In any year in which no state tax is levied, any 
town in which national forest lands and land held by the state for opera- 
tion and development as state forest land are situated whether acquired 



82 Chapter 80 [1959 

by gift, purchase, or in any other manner, may apply, by its selectmen, 
to the tax commission, on forms prepared and provided by the said com- 
mission, annually, before September first, for reimbursement of an 
amount not exceeding- one-half the taxes for all purposes which such 
town might have received from taxes on said lands in such year had said 
lands been taxable. No reimbursement shall be made for lands held by 
the state for recreational purposes, 

79:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 6, 1959.] 
[Effective date July 5, 1959.] 



CHAPTER 80. 



AN ACT COORDINATING THE RETIREMENT AGE FOR WOMEN EMPLOYEES 

UNDER THE STATE EMPLOYEES' RETIREMENT SYSTEM WITH THAT 

PROVIDED UNDER THE FEDERAL SOCIAL SECURITY ACT. 

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

80:1 Employees Retirement System. Amend paragraph I of RSA 
100:6 by striking out said paragraph and inserting in place thereof the 
following: I. Any member in service may retire on a service retire- 
ment allowance upon written application to the board of trustees setting 
forth at what time, not less than thirty days nor more than ninety days 
subsequent to the filing thereof, he desires to be retired, provided the 
member at the time so specified for his retirement has attained age 
sixty-five if a man, or age sixty-two if a woman, and notwithstanding 
that during such period of notification he may have separated from 
service. Any member in service who attains age seventy, except an 
elected or appointed official of the state, shall be retired forthwith or 
on the first day of the next calendar month, unless said member shall 
request an extension of service. Said request shall be made to a commit- 
tee consisting of the director of personnel and two members of the board 
of trustees of the retirement system, only one of whom shall be an em- 
ployee member. The two members from the board of trustees shall be 
named for terms of two years by the board of trustees. Said committee 
shall determine whether or not a member in service who has reached 
the age of seventy is fit to remain in state service and the decision of the 
committee shall be final. The status of each member thus continued in 
service shall be reconsidered annually as of the birthday of said member. 

80:2 Service Retirement Benefits. Amend subparagraph (b) of 
paragraph II of RSA 100:6 (supp) as amended by 1955, 301, part IV :3. 



1959J Chapter 81 83 

by striking- out said subparagraph and inserting in place thereof the 
following: (b) A state annuity if the member has attained age sixty- 
five whicli together with his employee annuity shall be equal to the sum 
of the following: (1) thirty per cent of his average final compensa- 
tion in excess of one thousand two hundred dollars but not in excess of 
four tliousand two hundred dollars, plus (2) fifty per cent of the portion 
of his average final compensation in excess of four thousand two hun- 
dred dollars; except that if he has less than thirty-five years of credit- 
able service, his state annuity, tog^ether with his employee annuity, shall 
be such proportion of said sum as the number of his years of creditable 
service bears to thirty-five. Provided, however, that in the case of a 
member with thirty-five or more years of creditable service the state 
annuity shall be in such amount as, together with his employee annuity 
and his primary insurance amount shall be at least equal to fifty per 
cent of his average final compensation, and in the case of a member with 
less than thirty-five years of creditable service the state annuity shall 
be in such amount as, together with his employee annuity and his pri- 
mary insurance amount, shall be at least equal to the proportion of fifty 
per cent of his average final compensation which his period of creditable 
service bears to thirty-five ; and, further provided; that in the case of a 
woman member who has not attained age sixty-five, the state annuity 
shall be the actuarial equivalent at the time of retirement of the state 
annuity accrued to the date of retirement and payable at age sixty-five. 

80:3 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved May 6, 1959.] 
[Effective date July 5, 1959.] 



CHAPTER 81. 

AN ACT RELATIVE TO PURCHASE AND SELLING OF LIVE POULTRY. 

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

81:1 Bond for Unlimited Licenses. Amend subparagraph (1) of 
RSA 344:1 by striking out the words "ten thousand dollars" and in- 
serting in place thereof the words, twenty thousand dollars, so that said 
subparagraph as amended shall read as follows: (1) An unlimited 
license to each person who shall furnish a bond with sufficient surety in 
an amount to be determined by the commissioner, but not to exceed 
twenty thousand dollars, payable to the state of New Hampshire and 
conditioned for the faithful performance of all legal obligations incurred 
in the buying and selling of live poultry the meat or product of which is 



84 Chapter 82 [1959 

to be sold or used for food ; such bond shall be held by the commissioner 
to satisfy any court judgment obtained or execution issued against any 
licensee because of failure to perform such legal obligation ; and. 

81 :2 Takes Effect. This act shall take effect on April 1, 1960. 
[Approved May 6, 1959.] 
[Effective date April 1, I960.] 



CHAPTER 82. 



AN ACT RELATIVE TO THE TERM OF OFFICE OF TOWN AUDITORS IN 

CERTAIN CASES. 

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

82:1 Town Auditors. Amend RSA 41 by inserting after section 
32 the following new section: 41:32-a Election. Any town may, un- 
der an article in the warrant for the annual town meeting vote to elect 
a board of two or more auditors for the terms as herein provided. The 
terms of office shall be staggered so that after the year of adoption one 
auditor shall be chosen for a term of office for the same number of years 
as there are auditors on the board, provided however that in the year 
of adoption the members of the board shall be chosen for varying terms 
so that the term of one member shall expire in the next succeeding year, 
the term of the second member, the next year, and so on for the number 
of years as there are members on the board. The board of auditors shall 
perform the duties set forth for auditor in RSA 41:31. If a town has 
adopted an official ballot for the election of its officers the election of a 
board of auditors shall not take place until the annual town meeting 
following the town meeting at which the provisions of this section are 
adopted. 

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

[Approved May 6, 1959.] 
[Effective date July 5, 1959.] 



1959] Chapter 83 85 

CHAPTER 83. 

AN ACT ADOPTING THE UNIFORM RENDITION OF PRISONERS AS WITNESSES 
IN CRIMINAL PROCEEDINGS ACT. 

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

83:1 New Chapter. Amend RSA by inserting after chapter 613 the 
following new chapter : 

Chapter 613-A 

Uniform Rendition of Prisoners as Witnesses 
613-A :1 Definitions. As used in this chapter: 

(a) "Witness" means a person who is confined in a penal institu- 
tion in any state and whose testimony is desired in another state in any 
criminal proceeding or investigation by a grand jury or in any criminal 
action before a court. 

(b) "Penal institutions" includes a jail, prison, penitentiary, 
house of correction, or other place of penal detention. 

(c) "State" includes any state of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, and any territory of the 
United States, 

613-A :2 Summoning Witness in this State to Testify in An- 
other State. A judge of a state court of record in another state, which 
by its laws has made provision for commanding persons confined in penal 
institutions within that state to attend and testify in this state, may 
certify (1) that there is a criminal proceeding or investigation by a 
grand jury or a criminal action pending in the court, (2) that a person 
who is confined in a penal institution in this state may be a material 
witness in the proceeding, investigation, or action, and (3) that his pres- 
ence will be required during a specified time. Upon presentation of the 
certificate to any judge having jurisdiction over the person confined, 
and upon notice to the attorney general, the judge in this state shall 
fix a time and place for a hearing and shall make an order directed to the 
person having custody of the prisoner requiring that the prisoner be 
produced before him at the hearing. 

613-A :3 Court Order. If at the hearing the judge determines 
(1) that the witness m.ay be material and necessary, (2) that his attend- 
ing and testifying are not adverse to the interests of this state or to the 
health or legal rights of the witness, (3) that the laws of the state in 
which he is requested to testify will give him protection from arrest and 
the service of civil and criminal process because of any act committed 
prior to his arrival in the state under the order, and (4) that as a practical 
matter the possibility is negligible that the witness may be subject to 



86 Chapter 83 [1959 

arrest or to the service of civil or criminal process in any state through 
which he will be required to pass, the judge shall issue an order, with a 
copy of the certificate attached, (a) directing the witness to attend and 
testify, (b) directing the person having custody of the witness to pro- 
duce him, in the court where the criminal action is pending, or where the 
grand jury investigation is pending, at a time and place specified in the 
order, and (c) prescribing such conditions as the judge shall determine. 

613-A:4 Terms and Conditions. The order to the witness and 
to the person having custody of the witness shall provide for the return 
of the witness at the conclusion of his testimony, proper safeguards on 
his custody, and proper financial reimbursement or prepayment by the 
requesting jurisdiction for all expenses incurred in the production and 
return of the witness, and may prescribe such other conditions as the 
judge thinks proper or necessary. The order shall not become effective 
until the judge of the state requesting the witness enters an order 
directing compliance with the conditions prescribed. 

613-A :5 Exceptions. This chapter does not apply to any per- 
son in this state confined as insane or mentally ill or as a defective de- 
linquent or under sentence of death. 

613-A :6 Prisoner from Another State Summoned to Testify in 
this State. If a person confined in a penal institution in any other state 
may be a material witness in a criminal action pending in a court of record 
or in a grand jury investigation in this state, a judge of the court may 
cerify (1) that there is a criminal proceeding or investigation by a 
grand jury or a criminal action pending in the court, (2) that a person 
who is confined in a penal institution in the other state may be a ma- 
terial witness in the proceeding, investigation, or action, and (3) that 
his presence will be required during a specified time. The certificate shall 
be presented to a judge of a court of record in the other state having 
jurisdiction over the prisoner confined, and a notice shall be given to 
the attorney general of the state in which the prisoner is confined. 

613-A :7 Compliance. The judge of the court in this state 
may enter an order directing compliance with the terms and conditions 
prescribed by the judge of the state in which the witness is confined. 

613-A :8 Exemption from Arrest and Service of Process. If 

a witness from another state comes into or passes through this state 
under an order directing him to attend and testify in this or another 
state, he shall not while in this state pursuant to the order be subject 
to arrest or the service of process, civil or criminal, because of any act 
committed prior to his arrival in this state under the order. 

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



1959] Chapter 84 87 

613-A:10 Short Title. This act may be cited as the Uniform 
Rendition of Prisoners as Witnesses in Criminal Proceedings Act. 

613-A:11 Severability Clause. If any provision of this chap- 
ter or the application thereof to any person or circumstance is held in- 
valid, the invalidity shall not affect other provisions or applications of 
the chapter which can be given effect without the invalid provision or 
application, and to this end the provisions of this chapter are severable, 

83:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 6, 1959.] 
[Effective date July 5, 1959.] 



CHAPTER 84. 



AN ACT AUTHORIZING CERTAIN DEDUCTIONS FROM RETIREMENT BENEFITS 

OF STATE EMPLOYEES. 

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

84:1 State Employees' Retirement System. Amend RSA 100 by 
inserting after section 11 the following new section: 100:ll-a Author- 
ized Deductions. Notwithstanding any other provisions of this chapter, 
any member who makes application for benefits hereunder and who is at 
the time a member of an insurance or hospitalization group plan for 
which payroll deductions are authorized by the state, may request that 
the monthly premium for such ser\dce be deducted from the monthly 
retirement benefit payment which he or she is to receive, and in such 
case said deduction shall be made from the sums due the member. Pro- 
vided further that deductions from retirement benefits shall be made, 
if requested by retired state employees presently receiving such benefits 
who transfer an existing direct pay membership or subscribe as a new 
member for such plan, if permitted by regulations of such plan. 

84:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 6, 1959.] 
[Effective date July 5, 1959.] 



88 



Chapter 85 



[1959 



CHAPTER 85. 

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: 

85:1 Apportionment. That of every thousand dollars of public 
taxes hereafter to be raised, the proportion which each town and place 
shall pay, and for which the treasurer of the state is hereby authorized 
to issue his warrant, shall be as follows, to wit : 



Rockingham County ($370,073,449), $167.66 



Atkinson 

Auburn 

Brentwood 

Candia 

Chester 

Danville 

Deei*field 

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 



3,422,920 
4,092,534 
2,028,646 
2,899,864 
2,847,135 
1,457,672 
3,229,931 

19,431,519 
1,835,298 
3,887,482 

28,536,627 
2,066,004 
3,933,617 
4,530,399 

38,644,900 
3,487,689 
2,236,380 
5,905,978 
6,290,039 
3,986,249 
1,848,168 
9,339,866 
8.941,816 
2,996,412 

10,295,842 
4,232,938 
2,721,937 
8,119,450 
108,428,997 
5,097,760 

15,084,637 

27,037,451 
1.921,825 



1.55 

1.85 

.92 

1.31 

1.29 

.66 

1.46 

8.80 

.83 

1.76 

12.93 

.94 

1.78 

2.05 

17.51 
1.58 
1.01 
2.68 
2.85 
1.81 
.84 
4.23 
4.05 
1.36 
4.67 
1.92 
1.23 
3.68 

49.12 
2.31 
6.84 

12.25 
.87 



1959] 



Chapter 85 



89 



Seabrook 

South Hampton 

Stratham 

Windliam 



Barrington . 

Dover 

Durham .... 
Farmington 

Lee 

Madbury . . . 
Middleton . . 

Milton 

New Durham 
Rochester . . 
Rollinsford . 
Somersworth 
Strafford . . . 



Strafford County, ($186,765,644), $84.62 

3,082,356) 

65,159,470) 

10,944,372) 

6,374,650) 

2,312,599) 

1,740,088) 

567,189) 

5,026,647) 

3,295,880) 

52,951,942) 

5,574,612) 

27,195,217) 

2,540,622) 



Belknap Conn 



Alton 

Barnstead . . . 

Belmont 

Center Harbor 

Gilford 

Gilmanton . . . 

Laconia 

Meredith .... 
New Hampton 
Sanbornton . . 
Tilton 



Carroll Coun 



Albany 

Bartlett 

Brookfield .... 

Chatham 

Conway 

Eaton 

Effingham .... 

Freedom 

Hart's Location 
Jackson 



9,589,622) 
1,307,331) 
3,118,290) 
5,240,224) 



y, ($131,449,620), $59.55 

10,344,964) 

2,737,628) 

5,333,064) 

3,710,072) 

13,182,631) 

3,627.346) 

63,285,053) 

13,069,481) 

3,803,989) 

3,787,652) 

8,567,740) 



y, ($92,837,976), $42.05 

891,067) 

3,466,954) 

1,114,667) 

497,937) 

17,470,821) 

726,865) 

1,566,568) 

2,228,632) 

49,345) 

2,949.903) 



4.35 

.59 

1.41 

2.37 



1.40 

29.52 

4.96 

2.89 

1.05 

.79 

.26 

2.28 

1.49 

23.99 

2.52 

12.32 

1.15 



4.69 
1.24 
2.42 
1.68 
5.97 
1.64 
28.67 
5.92 
1.72 
1.72 
3.88 



.40 

1.57 
.50 
.23 

7.91 
.33 
.71 

1.01 
.02 

1.34 



90 



Chapter 85 



[1959 



Madison . . . 
Moultonboro 
Ossipee .... 
Sandwich . . 
Tamworth , 
Tuftonboro 
Wakefield . . 
Wolfeboro . 



2,935,680) 
12,447,337) 
6,308,218) 
4,702,043) 
4,180,760) 
7,189,693) 
5,324,928) 
18,786,558) 



1.33 
5.64 
2.86 
2.13 
1.89 
3.26 
2.41 
8,51 



Allenstown . 
Andover . . . . 
Boscawen . . 

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 



Merrimack County, ($221,036,275), $100.14 

3,721,259) 

3,863,005) 

4,651,519) 

5,978,010) 

2.574.796) 

1,566,318) 

1,909,442) 

95,158,512) 

1,048,351) 

2,253,969) 

2,505,380) 

21,660,361) 

5.187.797) 

1,557,756) 

12,875,814) 

8,776,672) 

2,468,330) 

4,055,275) 

10,075,729) 

3.938.233) 

8,317,634) 

6,469,371) 

1,288,711) 

2,444,624) 

3.980.234) 

1,487,752) 

1,221,421) 



1.69 
1.75 
2.11 
2.71 
1.17 

.71 

.87 
43.11 

.47 
1.02 
1.14 
9.81 
2.35 

.71 
5.83 
3.98 
1.12 
1.84 
4.56 
1.78 
3.77 
2.93 

.58 
1.11 
1.80 

.67 

.55 



Amherst . . 
Antrim . . . . 
Bedford . . . 
Bennington 
Brookline . 



Hillsborough County, ($552,945,655), $250.51 

8,377,594) 

4,700,641) 

10,932,619) 

2,667,362) 

2,254,576) 



3,80 
2.13 
4.95 
1.21 
1.02 



1959J 



Chapter 85 



91 



Deering 

Francestown . 
Golfstown . . . 
Greenfield . . . 
Greenville . . . 

Hancock 

Hillsborough 

Hollis 

Hudson 

Litchfield . . . . 
Lyndeborough 
Manchester . . 

Mason 

Merrimack . . . 

Milford 

Mont Vernon 

Nashua 

New Boston . 
New Ipswich . 

Pelham 

Peterborough 

Sharon 

Temple 

Weare 

Wilton 

Windsor 



1,475,361) 
2,507,177) 

18,440,048) 
2,455,504) 
3,131,860) 
4,091,415) 
9,318,933) 
5,297,043) 

12,483,898) 
1,708,192) 
1,693,772) 
269,877,270) 
1,185,349) 
7,083,391) 

16,015,425) 
1,865,696) 
120,222,296) 
2,909,618) 
4,150,715) 
6,289,810) 

18,034,670) 

668,411) 

1,505,378) 

3,697,870) 

7,637,904) 

265,857) 



122 

3 

7 

54 
1 
1 
2 



.67 

.13 
.35 
.11 
.42 
.85 
.22 
.40 
.65 
.77 
.77 
.27 
.54 
.21 
.26 
.85 
.47 
.32 
.88 
.85 
.17 
.30 
.68 
.68 
.46 
.12 



Cheshire County, ($174,109,668), $78.88 



Alstead . . . 
Chesterfield 
Dublin . . . . 
Fitzwilliam 
Gilsum . . . . 
Harrisville . 
Hinsdale . . . 
Jaffrey . . . . 

Keene 

Marlboro . . 
Marlow . . . 
Nelson . . . , 
Richmond . 
Rindge . . . . 
Roxbury . . 
Stoddard . . 
Sullivan . . , 



3,347,141) 
6,198,769) 
4,935,377) 
4,147,552) 

830,321) 

2,996,208) 

7,020,094) 

13,998,389) 

80,838,319) 

4,189,024) 

831,864) 
1,918,103) 

758,222) 
4,672,642) 

358,263) 
1,685,849) 

740,895) 



1.52 

2.81 

2.24 

1.88 

.38 

1.36 

3.18 

6.34 

36.62 

1.90 

.38 

.87 

.34 

2.12 

.16 

.76 

.33 



92 



Chapter 85 



[1959 



Surrey 

Swanzey 

Troy 

Walpole 

Westmoreland 
Winchester . . 



Sullivan Coun 



Acworth . . . 
Charlestown 
Claremont . 
Cornish . . . 
Croydon . , . 
Goshen .... 
Grantham . 
Langdon . . 
Lempster . . 
Newport . . 
Plainfield . . 
Springrfield . 
Sunapee . . . 

Unity 

Washington 



Alexandria 
Ashland . . . 

Bath 

Benton .... 
Bethlehem . 
Bridgewater 
Bristol .... 
Campton . . 
Canaan . . . 
Dorchester 
Easton .... 
Ellsworth . 

Enfield 

Franconia . 
Grafton . . . 
Groton .... 
Hanover . . . 
Haverhill . . 
Hebron .... 



Grafton Coun 



969,082) .44 

9,524,653) 4.31 

5.104.846) 2.31 

9,968,023) 4.52 

2,342,935) 1.06 

6,733,097) 3.05 

y, ( $87,168,228), $39.49 

1,348,199) $ .61 

6,706,201) 3.04 

44,613,349) 20.21 

2,811,850) 1.28 

902,399) .41 

1,001,614) .45 

604,275) .27 

803,492) .37 

670,488) .30 

14,011,530) 6.35 

2,670,155) 1.21 

1,344,045) .61 

7,353,617) 3.33 

957,188) .43 

1,369,826) .62 

y, ($215,312,311), $97.55 

1,123,351) $ .51 

5,734,117) 2.60 

1,619,868) .73 

185,725) .08 

6,638,077) 3.01 

2,713,391) 1.23 

7,186,818) 3.26 

4,725,862) 2.14 

3,320,693) 1.50 

340,884) .15 

468,295) .21 

115,622) .05 

5,013,779) 2.27 

2,969,284) 1.35 

1,069,237) .48 

746,168) .34 

23,652,828) 10.72 

8.168.847) 3.70 

1,572,898) .71 



1959 J 



Chapter 85 



93 



Holderness 
Landaff . . 
Lebanon . . 
Lincoln . . . 
Lisbon . . . 
Littleton . 
Lyman . . . 
Lyme .... 
Mom'oe . . 
Orange . . . 
Orf ord . . . 
Piermont . 
Plymouth . 
Rumney . . 
Thornton . 
Warren . . 
Waterville 
Wentworth 
Woodstock 



6,153,945) 

484,916) 

30,522,298) 

5,893,321) 

6,934,276) 

49,672,779) 

507,196) 

2,888,388) 

11,111,665) 

319,491) 
2,292,484) 
2,161,655) 
8,765,784) 
2,755,307) 
2,021,106) 
1,170,385) 

195,015) 
1,005,163) 
3,091,393) 



2.79 

.22 

13.83 

2.67 

3.14 

22.50 

.23 

1.31 

5.03 

.15 

1.04 

.98 

3.97 

1.25 

.92 

.53 

.09 

.46 

1.40 



Coos County, ($174,572,911), $79.10 



Berlin 

Carroll 

Clarksville 

Colebrook 

Columbia 

Dalton 

Dummer 

Errol 

Gorham 

Jefferson 

Lancaster 

Milan 

Northumberland 

Pittsburg 

Randolph 

Shelburne 

Stark 

Stewartstown 

Stratford 

Wentworth's Location 
Whitefield 



99,299,562) 
2,703,412) 

535,688) 
5,075,102) 

792,048) 
1,139,995) 

870,929) 
1,155,061) 
19,665,930) 
2,094,220) 
9,650,990) 
1,838,857) 
11,571,584) 
3,522,403) 
1,913,094) 
1,951,662) 

745,919) 
1,500,091) 
2,450,857) 

355,224) 
5,740,283) 



$ 44.99 

1.23 
.24 

2.30 
.36 
.52 
.40 
.52 

8.91 
.95 

4.37 
.83 

5.24 

1.60 
.87 
.88 
.34 
.68 

1.11 
.16 

2.60 



94 



Chapter 86 



[1959 



Unincorporated Places, ($989,315), $.45 



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 



( 



69,823) 
9,216) 

25,908) 

297,239) 

4,800) 

23,618) 
53,125) 
2,592) 
82,061) 
84,522) 
131,375) 
58,900) 
81,136) 

65,000) 



.03 
.01 
,01 
.13 
.01 

.01 
.02 
.01 
.04 
.04 
.06 
.02 
.08 

.03 



85:2 Limitation. The same shall be the proportion of assessment 
of public taxes until a new apportionment shall be made and established, 
and the treasurer for the time being shall issue his warrant accordingly. 

85:3 Takes Effect. This act shall take effect upon its passage. 
[Approved May 6, 1959.] 
[Effective date May 6, 1959.] 



CHAPTER 86. 

AN ACT ESTABLISHING A FRANCHISE TAX ON GAS AND ELECTRIC UTILITIES. 

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

86:1 Franchise Tax. Amend RSA by inserting after chapter 83-A, 
as inserted by an act passed at the special session of 1958 on February 19, 
1958, being chapter 5 of the Laws of 1958 relative to reestablishing a 
franchise tax on certain utilities, the following new chapter: 



Chapter 83-B 

Franchise Tax 

83-B:l Terms Defined. The following terms when used in this 
chapter shall have the meanings set fortli below, except when the con- 
text in which they are used requires a different meaning: 



1959] Chapter 86 95 

I. "Franchise tax," hereinafter referred to as the "tax," shall 
mean the tax computed on the franchises of a public utility under this 
act on the business conducted by such utility within this state. 

II. "Public utility" shall mean every person, partnersliip, 
association and corporation except municipal corporation, eng-ag-ed within 
this state in the manufacture, generation, distribution, transmission, or 
sale of gas or electric energy. 

III. "Commission" shall mean the state tax commission. 

IV. "Director" shall mean the director of the division of in- 
terest and dividends of the state tax commission. 

V. "Net income derived from the exercise of franchise," 
hereinafter referred to as "income," shall mean net utility operating in- 
come less deductions from income as reported in accordance with the 
applicable uniform classification of accounts of the public utilities com- 
mission in effect on the date of the passage of this chapter. 

VI. "Net book value of the electrical or gas operating prop- 
erty," hereinafter referred to as "net book value" shall mean the value 
computed by deducting from the amount of fixed capital electric or gas, 
the amount of intangible property, general equipment, miscellaneous 
tangible property and unfinished construction all as said items are re- 
quired to be reported and in accordance with the uniform classification 
of accounts of the public utilities commission applicable to the particular 
class of utility in effect on the date of passage of this chapter and by 
subtracting from the resultant figure (hereinafter referred to as the 
"amount of operating property") depreciation reserves applicable to the 
said amount of operating property. Said depreciation reserves applicable 
to the amount of operating property located in New Hampshire shall be 
the percentage of total depreciation reserves as shall equal the percent- 
age of the amount of operating property in New Hampshire to the total 
amount of operating property wherever located. 

83-B:2 Tax Imposed. Every public utility shall pay to the state, 
annually, a special tax upon the franchise exercised by such public 
utility within the state, such tax to be assessed at a rate equal to eight 
per cent of the income such public utility derives in this state during the 
calendar year of assessment from the exercise of such franchise. 

83-B:3 Reports. On or before April first in each year in which 
a public utility as the holder of such franchise exercises or proposes to 
exercise the privileges and accepts or proposes to accept the obligations 
conferred thereby, it shall file with the commission, on a form prescribed 
by the commission, a statement of its income for the previous calendar 
year, together with such additional information as the commission shall 
require. Such income for the previous calendar year shall be used as the 
basis for computing the tentative tax unless for good cause sliown the tax 
commission shall permit or require the use of an estimate of income for 
the current calendar year for such purpose. 



96 Chapter 86 [1959 

83-B:4 Computation of Tax. The commission shall compute a 
tentative tax by applying the rate set forth in section 2 hereof to the in- 
come reported as required by section 3 hereof; provided, however, that 
when only a portion of the business of a public utility is conducted within 
the state, the tax shall be computed on that portion of the income as is 
derived from business conducted within the state only, said portion be- 
ing determined under the provisions of section 8 hereof. Notification of 
the amount of the tentative tax shall be given by the commission to the 
public utility not less than fifteen days before payment of the tax is due. 

83-B:5 Payment of Tax. Not later than May first in each year 
or not sooner than fifteen days after receipt by the public utility of the 
notification required bj'' section 4 hereof, whichever is later, each public 
utility subject to the tax shall pay to the director the tentative tax com- 
puted in accordance with section 4 hereof; provided, however, the time 
for payment may be extended by the commission as provided by section 7 
or upon its own motion. 

83-B:6 Adjustment. Not later than the first day of April of 
each year, each public utility subject to a tax under this chapter with 
respect to the preceding calendar year shall report its actual income for 
said calendar year to the commission. After making the appropriate 
adjustments to such actual income to eliminate the effect of out-of-state 
business in the manner provided for in section 8 hereof, the commission 
shall determine the tax for said calendar year by applying the rate pre- 
scribed in section 2 hereof to the actual income derived from operations 
within the state. If the tax so computed exceeds the tentative tax paid 
by the public utility, the excess shall be billed to the public utility and 
paid by the public utility within thirty days. If the tax so computed is 
less than the tentative tax paid by the public utility, the overpayment 
shall be applied against any tax due in the succeeding year unless the 
public utility requests the commission for a refund, in which event the 
commission shall certify the fact to the state treasurer and the state 
treasurer shall thereupon refund the amount of the overpayment to the 
public utility out of funds not otherwise appropriated. 

83-B:7 Extension of Time. Upon receipt of notice in writing 
from a public utility subject to a tax under this chapter that it is unable 
to file a statement and other information in accordance with the require- 
ments of section 3 hereof, the commission may grant an extension of 
time in which to file such a statement and other information and in 
which to pay the tax for a period not to exceed thirty days. Further ex- 
tensions may be applied for in writing and granted, but no such further 
extension shall prevent the accrual of interest unless the commission 
shall find that the cause of the delay in filing is beyond the reasonable 
control of the public utility. 



1959] Chapter 86 97 

83-B:8 Proportioniate Value. In determining the income subject 
to a tax under this chapter of a public utiUty a part only of the business 
of which is conducted within the state, the commission may consider 
any pertinent evidence and shall also consider the following" factors 
giving equal weight to each ; (a) the relationship at the close of the pre- 
ceding calendar year between the net book value, or the gross book value 
if the net book value is not readily obtainable, of the electrical or gas 
operating property of the public utility within this state and the total 
net book value, or gross book value, as the case may be, of all electrical 
or gas operating property of the public utility, wherever located, and 
(b) the relationship for the preceding year between the total amount of 
gas or electric energy produced and purchased by the public utility 
within this state available for transmission, distribution, or sale and the 
total amount of gas or electric energy produced and purchased by the 
public utility for such purposes throughout its system. 

83-B:9 Failure to File. If any public utility shall neglect or fail 
to file a statement as herein provided, or shall file an incomplete or in- 
correct statement, the commission may compute a tax based upon such 
evidence as it may be able to obtain and such tax shall be paid as herein 
provided. Payment of the tax shall not relieve the public utility from the 
payment of any penalty for failure to file a correct statement on time, 
or from the payment of interest upon any tax due. 

83-B:10 Penalty. Failure on the part of a public utility to file 
a statement when due, or the filing of an incomplete or incorrect state- 
ment, shall subject the public utility to a penalty of twentj^-five dollars 
for each day a full, complete and correct statement remains unfiled. Said 
penalty shall become incident to the tax and shall be collected with the 
tax. The commission may remit all or any portion of the penalty if it 
finds that circumstances warrant such action. 

83-B:ll Corrections and Revisions. If a tax has been computed 
by the commission because of the failure of a public utility to file a state- 
ment or because of the filing of an incomplete or incorrect statement, 
the commission may make such adjustments and corrections to such 
computation as may be necessary when a full and complete statement is 
available. 

83-B:12 Relief by Commission. Any utility aggi'ieved by a find- 
ing of the commission under this chapter may petition the commission 
for a hearing and after hearing, the commission may make such order 
thereon as justice requires. If as the result of such hearing, it is found 
that further tax is due, the director shall collect such further tax, in- 
cluding any applicable penalty and interest found to be due or if it is 
found that an overassessment has been made, the commission may abate 
any portion of the tax, interest, and penalty so overpaid. If an abatement 



98 Chapter 86 [1959 

is granted, refund shall be made in accordance with section 6 of this 
chapter. 

83-B:13 Later Tax. If, at any time within six years from April 
first in the year a tax is due, or from the date on which a statement 
is filed, if not filed by said April first, the commission shall find that a 
utility failed to file a statement, or filed a false or incorrect statement 
or would have been liable for a tax or for a greater tax than that paid, 
the commission may compute a tax for all or a part of the interval in- 
volved based upon the facts prevailing during the interval. The director 
shall collect such tax or additional tax so found and shall, if the commis- 
sion has found that the failure to pay such tax or additional tax was due to 
the wilful neglect of the utility, collect such tax or additional tax with 
interest and penalties as herein provided. If, at any time within six 
years from April first of the year in which a tax is due, a utility sliall 
find that it was not liable for any tax or was not liable for a tax in the 
amount paid by it but was liable for no tax or for a tax of a lesser amount, 
it may make a written application to the commission for a refund or credit 
for the overpayment setting forth the reasons justifying the same; and 
the commission shall have the same powers with respect to granting 
such refund or credit as it has in the case of the overpayment of a 
tentative tax as provided in section 6 hereof. When the commission shall 
have rendered a decision thereon or if thirty days shall elapse from the 
date of receipt of the application and the commission shall have taken 
no action, the utility shall have the right to request a rehearing and to 
appeal in the manner herein provided. 

83-B:14 Investigations. The commission and its employees and 
agents, including the director, may make an examination or investiga- 
tion during the usual business hours of the books, accounts, records, 
papers, vouchers, and documents of any public utility in respect to any 
matter relating to the levying and collecting of the tax. At the time of 
such examination or investigation, it shall be the duty of every officer, 
agent, or employee of such public utility to exhibit all such things as 
are pertinent to the examination or investigation and to cooperate with 
the commission and its representatives to determine the essential facts 
with respect to the thing or matter under consideration. 

83-B:15 Witnesses. At any hearing held pursuant to this 
chapter, the commission or the director, or either of them, shall have 
the power to compel the attendance of witnesses and the production of 
any books, records, papers, vouchers, accounts, and documents of any 
public utility believed by the commission or the director to be liable for 
the payment of a tax under this chapter, or of any person believed to 
have information or knowledge pertinent to any matter under investi- 
gation or examination by the commission. 



1959] Chapter 87 99 

83-B:16 Fees. The fees of witnesses required to attend any 
hearing shall be the same as those allowed witnesses in the superior court 
and shall be paid by the state. 

83-B:l'7 Appeal. Any public utility aggrieved by a decision or 
order under the provisions of this chapter may appeal therefrom to the 
supreme court as provided in RSA 541, but such appeal shall not stay or 
delay payment of the tax unless the supreme court or any justice thereof 
shall so order. 

83-B:18 Interest. If any such tax is not paid when due, interest 
at the rate of ten per cent annum shall be added thereto from the date 
due until the time of payment. 

83-B:19 Collection. The director shall possess all of the 
powers of a collector of taxes, as defined in RSA:80, to collect any over- 
due tax. 

83-B:20 Questions of Law. The commission may at any time 
reserve, certify and transfer to the supreme court for decision any 
question of law which may arise in connection with the administration 
of this chapter. 

83-B:21 Disposition of Revenue. The revenue derived here- 
under shall be covered into the general funds of the state. 

83-B:22 Saving Clause. If any part or parts of this chapter 
shall be held to be invalid, such invalidity shall not affect the validity of 
the remaining parts of this chapter. 

86:2 Repeal. RSA 83-A as enacted by the special session of 1958 
on February 19, 1958, is hereby repealed except with respect to the pro- 
visions thereof which relate to the collection of taxes due thereunder for 
the calendar years 1958 and 1959. 

86:3 Takes Effect. This act shall take effect as of January 1, I960. 
[Approved May 8, 1959.] 
[Effective date January 1, I960.] 



CHAPTER 87. 

AN ACT AUTHORIZING THE COMMISSIONER OF PUBLIC WORKS AND HIGHWAYS 

TO ENTER INTO AN AGREEMENT WITH THE FEDERAL GOVERNMENT 

RELATIVE TO HIGHWAY IN MADBURY. 

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

87:1 Commissioner of Public Works and Highways. Notwith- 
standing any other provisions of law the commissioner of public 



100 Chapter 88 [1959 

works and highways is hereby authorized to enter into an agreement 
with the United States government in connection with the alteration of 
New Hampshire route 4 and 9 in Madbury necessitated by tlie con- 
struction of the Bellamy River dam and reservoir project by the United 
States government. The alteration of said highway shall be done by and 
at the entire expense of the United States government. 

87:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 8, 1959.] 
[Effective date May 8, 1959.] 



CHAPTER 88. 

AN ACT RELATIVE TO' INVESTMENTS OF CREDIT UNIONS. 

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

88:1 Credit Unicns. Amend RSA 394:17 (supp) as amended by 
1955, 213:1 by striking out said section and inserting in place thereof the 
following: 394:17 Use of Funds. While awaiting calls of its mem- 
bers for loans, it may deposit its money in any cooperative bank, build- 
ing and loan association, savings bank, trust company, federal savings 
and loan association, or national bank in this state, or, by majority vote 
of the board of directors and with the approval of the commissioner, in 
any cooperative bank, building and loan association, savings bank, trust 
company, federal savings and loan association, or national bank in New 
England or, with like vote and approval, may make loans to other 
credit unions chartered under the laws of this state provided that the 
lending credit union has assets of one hundred thousand dollars or more. 
It may invest any surplus funds in obligations of the United States 
government or of the state, or of any county, city or town of the state, 
issued pursuant to authority of law. 

88:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 9, 1959.] 
[Effective date July 8, 1959.] 



1959] Chapters 89, 90 10 1 

CHAPTER 89. 

AN ACT RELATIVE TO LICENSE FEES FOR RECREATION CAMPS. 

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

89:1 Recreation Camps, License Fee«. Amend RSA 125:35 by 

striking out the word "ten" in the first line and inserting in place thereof 
the word, twenty, so that said section as amended shall read as follows: 

125:35 Fee for. The fee for such license shall be twenty 

dollars, to be paid into the state treasury. 

89 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 12, 1959.] 
[Effective date May 12, 1959.] 



CHAPTER 90. 



an act to authorize a parkway type public highv^ay through 

Franconia Notch. 

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

90:1 Highway Authorized. The commissioner of public works and 
highways is hereby authorized to lay out, construct and maintain as a 
part of the interstate and defense highway system a parkway type of 
public highway through Franconia Notch from the towns of Lincoln and 
Woodstock to Franconia Village in accordance with the recommendations 
in respect thereto contained in the report of the Clarkson Engineering 
Company, Inc. of Boston, Massachusetts dated December 8, 1958, as funds 
may be appropriated and programmed for this purpose. 

90:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 14, 1959.] 
[Effective date July 13, 1959.] 



102 Chapters 91, 92 [1959 

CHAPTER 91. 

AN ACT RELATIVE TO THE ADVERTISING OF ALCOHOLIC LIQUOR OR 

BEVERAGES. 

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

91:1 Alcoholic Liquor or Beverages. Amend RSA 175:10 by 

striking- out said section and inserting- in place thereof the following: 
175:10 Advertising". All advertising of liquor or beverag-es within the 
state is hereby prohibited, except as specifically authorized by the com- 
mission, provided that advertising through the medium of newspapers, 
magazines, periodicals, television and radio broadcasting shall not be pro- 
hibited but shall be subject to the regulations of the commission, and 
provided further that all advertising of liquor and beverages within the 
state through the medium of billboards is prohibited. 

91 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 14, 1959.] 
[Effective date May 14, 1959.] 



CHAPTER 92. 

AN ACT RELATIVE TO MAXIMUM LENGTH OF MOTOR VEHICLES. 

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

92:1 Motor Vehicles. Amend RSA 263:65 (supp) as amended by 
1957, 191:1 by striking out the word "forty-five" in the fourth line and 
inserting in place thereof the word, fifty, so that said section as amended 
shall read as follows: 263:65 Width and Length. No vehicle whose 
width including load is greater than ninety-six inches, or whose length 
including load is greater than thirty-five feet, and no combination of 
wheels coupled together whose total length, including load, is greater 
than fifty feet, shall be operated on the highways of this state. Pro- 
vided, hov/ever, 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 ex- 
cluded six inches of any increase in width due to changing to low pres- 
sure tire equipment from other tire equipment. Provided further, that a 
vehicle may be operated on the highways of this 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 with- 
out 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 



1959] Chapter 93 103 

shall be equipped with two or three axles, and which shall not exceed an 
over-all length, inclusive 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 commis- 
sioner of motor vehicles. 

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

[Approved May 14, 1959.] 
[Effective date July 13, 1959.] 



CHAPTER 93. 



AN ACT RELATIVE TO' CONSTRUCTION OR RECONSTRUCTION OF WATER 
SUPPLY SYSTEMS AND SEWAGE DISPOSAL SYSTEMS. 

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

93:1 State Board of Health. Amend RSA 148:25 by striking out 
said section and inserting in place thereof the following: 148:25 
Approval of Construction Plans. I. Water Supply Systems. No per- 
son, proposing to supply water for domestic uses, shall construct any 
new system, or enlarge any existing system, for supplying water to the 
public without first submitting detailed plans of the proposed con- 
struction to the state board and securing its approval thereof. It shall 
be the duty of the said board to examine the topography and the water- 
shed, to complete an engineering review of the plans and specifications 
for said proposed construction, and to make chemical and bacteriological 
analyses of the waters, of the proposed supply, before approval is 
granted. The foregoing provisions shall also be applicable to any in- 
stitution, accommodating thirty or more people, which provides its own 
facilities as to water supply. II. Sewage Disposal Systems, Con- 
struction. Any person proposing to install new public sewerage or sew- 
age treatment facilities, or to extend, renovate, replace or substantially 
repair any such existing facilities, shall submit, at least thirty days in 
advance of construction, detailed plans and specifications therefor to the 
state board and secure its approval thereof. The foregoing provisions 
shall also be applicable to any institution, accommodating thirty or more 
people, which provides its own facilities as to sewage disposal. 

93:2 Takes Eifeet. This act shall take eflfect sixty days after its 
passage. 

[Approved May 14, 1959.] 
[Effective date July 13, 1959.] 



104 Chaptees 94, 95 [1959 

CHAPTER 94. 

AN ACT PROVIDING A TIME LIMITATION FOR SECOND OFFENSE OF DRIVING 

WHILE INTOXICATED. 

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

94:1 Second Offense. Amend RSA 262:19 (supp) as amended by 
1955, 282:1, by adding- at the end thereof the words, provided, however, 
that any prior conviction, upon which a second offense complaint is 
founded, must have occurred within seven years preceding the date of 
said second offense, so that said section as amended shall read as follows : 
262:19 Intoxication. Any person who shall be convicted of operating-, 
or attempting- to operate, a motor vehicle upon any way while under 
the influence of intoxicating- liquor, or any narcotic or habit-producing 
drug, shall be imprisoned for not more than six months or shall be fined 
not more than five hundred dollars, or both ; his license shall be revoked 
for a period of sixty days and at the discretion of the court for a period 
not to exceed two years. Upon a second conviction he may be imprisoned 
for not less than one month nor more than six months, and fined not less 
than one hundred dollars nor m.ore than five hundred dollars ; his license 
shall be revoked and he shall be ineligible for a license for the next 
three calendar years, provided, however, that any prior conviction, upon 
which a second offense complaint is founded, must have occurred within 
seven years preceding- the date of said second offense. 

94:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 14, 1959.] 
[Effective date July 13, 1959.] 



CHAPTER 95. 



AN ACT TO PROVIDE FOR THE APPOINTMENT OF GUARDIANS OF EITHER 
THE PERSON OR PROPERTY OF MINORS, OR BOTH. 

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

95:1 Guardians of Person or Estate. Amend RSA 463:1 by strik- 
ing out the words "to any minor whenever there is occasion" in the 
second line and inserting in place thereof the words, of the person or of 
the estate of any minor, or of both, so that said section as amended shall 
read as follows : 463:1 Power to Appoint. The judge of probate in 
each county may appoint a guardian of the person or of the estate of 
any minor, or of both. 



1959] Chapter 95 105 

95:2 Guardian of Person or Estate. Amend RSA 463:6 by strik- 
ing out the words "for such minor, who shall have during the minority 
of his ward the full custody and control of said ward and his estate and 
earnings, upon petition of the mayor, overseer of the poor" in the third, 
fourth and fifth lines and inserting in place thereof the words, of the 
person or of the estate of a minor, or of both, upon petition of the mayor, 
overseer of public welfare, so that said section as amended shall read as 
follows: 463:6 Petitioners; Appointment. The probate court in the 
county in which any minor is residing may, after reasonable notice to 
the parents, appoint a guardian of the person or of the estate of a minor, 
or of both, upon petition of the mayor, overseer of public welfare, or 
selectmen of the city or town in which the minor is residing, the county 
commissioners, the commissioner of public welfare, New Hampshire 
Children's Aid Society, New Hampshire Catholic Charities, Inc., or 
Family Service of Concord, New Hampshire, such petition setting forth 
that the parents of said minor, or other person having his custody, are 
unfit to have the custody and control of said minor and of his estate and 
earnings, or that his parents are living apart and the circumstances are 
such that the interest of such minor require that a guardian be appointed. 

95:3 Guardian of Minors. Amend RSA 463 by inserting after 
section 17 the following new section: 463:18-a Every guardian of the 
person of a minor shall have the custody, care and tuition of the minor, 
and every guardian of the property of a minor shall have the care and 
management of the estate of the minor. Every guardian shall continue 
to hold ofiice until the minor arrives at the age of twenty-one years, or 
until discharged. 

95:4 Repeal. RSA 463:18, relating to powers of guardians, is 
hereby repealed. 

95:5 Guardian of Minors. Amend RSA 463:19 by inserting after 
the word "guardian" in the first line, the words, of the person, so 
that said section as amended shall read as follows: 463:19 Duties. 
Every guardian of the person of a minor shall inculcate habits of sobriety 
and industry in his ward, and may employ him in any suitable labor. 

95:6 Takes Effect. This act shall take effect January 1, 1960, but 
nothing herein contained shall affect the powers or duties of any guardian 
heretofore appointed. 
[Approved May 14, 1959.] 
[Effective date January 1, I960.] 



106 Chapters 96, 97 [1959 

CHAPTER 96. 

AN ACT RELATING TO INVESTMENTS OF SAVINGS BANKS. 

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

96:1 Utility Plant. Amend PvS A 387:4 by inserting after para- 
graph II the following new paragraph : Il-a Plant of Public Utilities. 
For the purposes of paragraph I, the following described classes of prop- 
erty appearing in the fixed capital accounts of electric, telephone, gas and 
water utilities operating in this state (as more particularly defined in the 
classification of accounts of such utilities prescribed by the public 
utilities commission), when all such classes of property are included in a 
blanket mortgage together with the utility's franchise to operate as a 
public utility in this state, shall be construed to be real estate: (a) 
electric utilities: land, structures, generating equipment — steam, gen- 
erating equipment — hydro, generating equipment — internal com- 
bustion, transmission and distribution equipment, and unfinished con- 
struction; (b) telephone utilities: land, structures, central office equip- 
ment, station equipment, station wiring, poles, conduits, cables, wires, 
other radiotelephone plant, and unfinished construction; (c) gas utili- 
ties : land, structures, production equipment, distribution equipment, and 
unfinished construction; (d) water utilities : land, structures, production 
equipment, transmission and distribution equipment and unfinished con- 
struction. 

96 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 14, 1959.] 
[Effective date July 13, 1959.] 



CHAPTER 97. 



AN ACT TO AUTHORIZE PARTICIPATING LOANS BY BUILDING AND LOAN 
ASSOCIATIONS AND CO-OPERATIVE BANKS. 

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

97:1 Terms Defined. Amend paragi^aph XIII of PvSA 387:1 by 
striking out said paragraph and inserting in place thereof the follow- 
ing: XIII. Originating Lender: Any savings bank, building and loan 
association, cooperative bank, federal savings and loan association, bank- 
ing and trust company, national bank, or insurance company or fraternal 
benefit society, which holds the original executed note of the borrower 
and issues participation certificates to participating lenders under the 
provisions of section 17 of this chapter. 



1959] Chapter 97 107 

97:2 Buildinj> and Loan Associations, etc. Amend paragraphs XIV 
and XV of RSA 387 :1 (supp) as amended by 1955, 214 ;1, by striking out 
said paragi-aphs and inserting- in place thereof the following: XIV. Par- 
ticipating Lender: Any bank, building- and loan association, co-operative 
bank, federal saving-s and loan association, banking and trust company, 
national bank or insurance company or fraternal benefit society partici- 
pating in or holding- a part interest in a legal investment as defined in 
parag-raphs I, II, III, IV, and VI of section of 4 and in section 5 of this 
chapter. 

XV. Participating Loan: Any loan made by each of several 
saving-s banks, building- and loan associations, co-operative banks, federal 
savings and loan associations, banking and trust companies, national 
banks or insurance companies or fraternal benefit societies participating 
severally with an orig-inating lender in, and having- a part interest in, a 
legal investment as described in paragraphs I, II, III, IV, and VI, section 
4 and in section 5 of this chapter. 

97:3 Participating Loans. Amend RSA 393:23 by inserting at the 
end thereof the following: It may be an originating or participating 
lender in participating loans as defined in RSA 387:1 provided that its 
participation in such loans shall be within such limits as are prescribed 
for direct investments by building and loan associations under this chap- 
ter, so that said section as amended shall read as follows: 393:23 
Sales and Assignments. It may sell, transfer, assign, purchase and re- 
purchase real estate mortgages, notes or other securities and may collect 
and apply payments due upon and may otherwise service mortgage loans, 
notes and other securities owned by others ; provided that such loans, 
notes and other securities are of such a type and within such limits as 
are prescribed for direct investment by building and loan associations 
under this chapter. It may be an originating or participating lender in 
participating loans as defined in RSA 387:1 provided that its participa- 
tion in such loans shall be within such limits as are prescribed for direct 
investments by building and loan associations under this chapter. 

97:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 14, 1959.] 
[Effective date July 13, 1959.] 



108 Chapter 98 [1959 

CHAPTER 98. 

AN ACT RELATIVE TO TOWN AID TO VETERANS. 

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

98:1 Veterans' Relief. Amend RSA 165:5 by striking out the 
words "army or navy, including" the marine corps" in the second line and 
inserting in place thereof the words, armed forces, and by striking out 
the words "the poor" in the ninth line and inserting in place thereof the 
words, public welfare, so that said section as amended shall read as 
follows: 165:5 Who Entitled. Whenever any person, resident in this 
state, who served in the armed forces of the United States, in any war, 
insurrection, campaign, or expedition, in which the United States was 
engaged, and who received an honorable discharge, not being under 
guardianship or legal restraint, shall become poor and unable to provide 
maintenance for himself and his dependant family, such person, his wife, 
widow, or minor children, shall be supported at the public expense in the 
town or city of their abode, at their own home or such place, other than 
a town or county almshouse, as the overseers of public welfare or the 
county commissioners shall deem proper. 

98:2 Limitations. Amend RSA 165:11 by striking out the word 
"Soldiers" in the third line and inserting in place thereof the word, 
Veterans, so that said section as amended shall read as follows: 165:11 
Accounting. The expense of support furnished under the provisions of 
section 5 shall be kept and reported in a separate account under the head 
of Aid Furnished to Veterans and Their Families, and not in the general 
pauper account, but shall be recoverable of the person, town, or county 
liable therefor as in other cases. 

98:3 Title. Amend the title of the subdivision in RSA 165 which 
now reads "Soldiers' Aid" so that the same will read, Veterans' Relief. 

98:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 14, 1959.] 
[Effective date July 13, 1959.] 



1959] Chapters 99, 100 109 

CHAPTER 99. 

AN ACT RELATIVE TO REMOVING RESTRICTIONS ON THE MARRIAGE OF 

EPILEPTIC PERSONS. 

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

99:1 Restrictions on Marriage Removed. RSA 457:16-a (supp) to 
RSA 457:16-e (supp), inclusive, relative to certain restrictions on 
marriage by epileptic persons, are hereby repealed. 

99:2 Takes Effect. This act shall take eiTect sixty days after its 
passage. 

[Approved May 14, 1959.] 
[Effective date July 13, 1959.] 



CHAPTER 100. 



AN ACT RELATIVE TO THE FEES FOR LICENSES TO CARRY PISTOLS AND 

REVOLVERS. 

Be it enxicted hy the Senate ami House of Representatives in General 
Court convened: 

100:1 Carrying Pistols and Revolvers. Amend RSA 159:6 by 
striking out the words "one year" in the seventh line and inserting in 
place thereof the words, two years ; bj^ striking out the words "one year" 
in the thirteenth and fourteenth lines and inserting in place thereof the 
words, two years; by striking out the w^ords "fifty cents" in the four- 
teenth and fifteenth lines and inserting in place thereof the words, two 
dollars, and by striking out the words "one dollar" in the seventeenth 
line and inserting in place thereof the words, four dollars, so that said 
section as amended shall read as follows: 159:6 License to Carry. 
The selectmen of a town or the mayor or chief of police of a city, or some 
full-time police officer designated by them respectively, upon application 
of any resident of said town or city, or the superintendent of the state 
police, or some person designated by him, upon application of a non- 
resident, shall issue a license to such applicant authorizing him to carry 
a loaded pistol or revolver in this state for not more than two years from 
the date of issue, if it appears that the applicant has good reason to fear 
injury to his person or property or has any proper purpose, and that he 
is a suitable person to be licensed. Hunting or target shooting shall be 
considered a proper purpose. The license shall be in duplicate and shall 
bear the name, address, description and signature of the licensee. The 
original thereof shall be delivered to the licensee and the duplicate shall 
be preserved by the person issuing the same for two vears. The fee for 



110 Chapter 101 [li>59 

licenses issued to residents of the state shall be two dollars, which fee 
shall be for the use of the law enforcement department of the town 
granting said licenses; the fee for licenses granted to out of state resi- 
dents shall be four dollars, which fee shall be for the use of the state. 

100:2 Takes Effect. This act shall take effect June 1, 1959. 
[Approved May 14, 1959.] 
[Effective date June 1, 1959.] 



CHAPTER 101. 

AN ACT RELATIVE TO FINES FOR OVERTIME PARKING AT STATE OWNED 
PARKING AREAS AT HAMPTON BEACH. 

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

101:1 Parking Areas. Amend RSA 216:3-a (supp) as inserted by 
1955, 221:1 by striking out all after the word "otherwise" in the sixth 
line and inserting in place thereof the following: the violator shall be 
subject to a fine of fifty cents and the forestry and recreation commis- 
sion may prescribe by regulation the manner in which the same shall be 
paid, including but not limited, to the use of courtesy boxes so-called. All 
money derived from said fifty cent fines shall be retained by the rec- 
reation division to be used as provided in 1953, 218:10, so that said 
section as amended shall read as follows: 216:3-a Regulation of Park- 
ing Areas. The forestry and recreation commission may provide 
reasonable rules and regulations governing the parking areas and estab- 
lishing the fees to be charged. Any person violating any of said rules or 
regulations shall be subject to a fine of five dollars; provided, however, 
that if said violation consists of failure to pay the fee required by meters 
or otherwise, the violator shall be subject to a fine of fifty cents and the 
forestry and recreation commission may prescribe by regulation the 
manner in which the same shall be paid, including but not limited, to 
the use of courtesy boxes so-called. All money derived from said fifty 
cent fines shall be retained by the recreation division to be used as pro- 
vided in 1953, 218:10. 

101 :2 Takes Effect. This act shall take effect as of July 1, 1959. 
[Approved May 14, 1959.] 
[Effective date July 1, 1959.] 



1959] Chapters 102, 103 111 

CHAPTER 102. 

AN ACT CONCERNING TRUSTEE PROCESS ON COUNTY OFFICIALS OR 

EMPLOYEES. 

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

102:1 County Officials and Employees. Amend RSA 512 by in- 
serting after section 9 the following new section: 512:9-a Trustee 
Process. The salary or wages of any county official or employee for 
services rendered or labor performed for the county before the service 
of a writ shall be subject to trustee process. The trustee writ shall be 
served upon the county treasurer who shall be chargeable as any other 
trustee, providing, however, that if the wi*it is duly entered in court the 
treasurer shall discharge himself by paying to the clerk of that court 
such portion of said salary or wages as is due or payable at the time 
of service of said writ on the treasurer; and provided further, that the 
county treasurer shall not be chargeable unless the writ shall be served 
upon him before the check for such salary or wages has left his custody. 

102:2 Takes Effect. This act shall take effect sixty days after the 
passage of this act. 
[Approved May 14, 1959.] 
[Effective date July 13, 1959.] 



CHAPTER 103. 

AN ACT RELATIVE TO USER BOND UNDER MOTOR VEHICLE ROAD TOLL LAW. 

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

103:1 Motor Vehicle Road Toll, Amend RSA 265:22 by inserting 
after paragraph III the following new paragraph : Ill-a Every holder 
of a license shall file with the commissioner a bond under the same re- 
quirements as set forth in RSA 265:9, except the commissioner is hereby 
authorized to determine the amount of such bond. 

103:2 Takes Effect. This act shall take effect July 1, 1959. 
[Approved May 14, 1959.] 
[Effective date July 1, 1959.] 



112 Chapters 104, 105, 106 [1959 

CHAPTER 104. 

AN ACT RELATING TO OBSTRUCTION OF VIEW IN THE OPERATION OF 

MOTOR VEHICLES. 

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

104:1 No Obstruction. Amend RSA 263 :24 by inserting after the 
word "upon" in the third line the words, or adjacent to, so tliat said 
section as amended shall read as follows: 263:24 Obstruction of 
Windows. No person shall operate upon any way any motor vehicle 
with any sign, poster, sticker or other nontransparent material upon or 
adjacent to the front windshield, side wings, or side or rear windows 
of such vehicle which shall obstruct the operator's clear view of the high- 
way or any intersecting highway, unless authorized by the commissioner 
so to do. 

104:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 14, 1959.] 
[Effective date July 13, 1959.] 



CHAPTER 105. 

AN ACT RELATIVE TO SALARY OF THE JUSTICE OF THE SEABROOK 
MUNICIPAL COURT. 

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

105:1 Seabrook Municipal Court. Amend RSA 502:7 (supp) as 
amended by inserting after paragraph I the following new paragraph: 
I-a. In Seabrook, six hundred dollars. 

105:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 14, 1959.] 
[Effective date July 13, 1959.] 



CHAPTER 106. 

AN ACT RELATIVE TO ASSISTANCE FOR THE CANCER COMMISSION. 

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

106:1 Cancer Commission. Amend RSA 139 by inserting after 
section 4 the following new section : 139:4-a Assistance. Within the 



1959] Chapter 107 ll.i 

limits of the appropriations made therefor, or available funds, the com- 
mission may employ such assistants and clerical employees as maj'' be 
necessary for the purposes of this chapter. 

106:2 Repeal. RSA 125:3, relative to assistance to the cancer 
commission from the state department of health, is hereby repealed. 

106:3 Transfer of Records and Funds. Any records of the cancer 
commission work now in the files of the state department of health are 
transferred to the cancer commission. Any funds made available to the 
state department of health for clerical and secretarial assistance for the 
cancer commission are hereby transferred and made available to the can- 
cer commission. 

106 :4 Takes Effect. This act shall take effect as of July 1, 1959. 
[Approved May 15, 1959.] 
[Effective date July 1, 1959.] 



CHAPTER 107. 

AN ACT ESTABLISHING AN AGREEMENT ON DETAINERS. 

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

107:1 Detainers. Amend RSA by inserting after chapter 606 the 
following new chapter : 

Chapter 606-A 
Agreement on Detainers 

606-A :1 Agreement Enacted. The agreement on detainers is 
hereby enacted into law and entered into by this state with all other 
jurisdictions legally joining therein in the form substantially as follows: 

The contracting states solemnly agree that: 

Article I 

The party states find that charges outstanding against a prisoner, 
detainers based on untried indictments, informations or complaints, and 
difficulties in securing speedy trial of persons already incarcerated in 
other jurisdictions, produce uncertainties which obstruct programs of 
prisoner treatment and rehabilitation. Accordingly, it is the policy of the 
party states and the purpose of this agreement to encourage the ex- 
peditious and orderly disposition of such charges and determination of 
the proper status of any and all detainers based on untried indictments, 
informations or complaints. The party states also find that proceedings 
with reference to such charges and detainers, when emanating from an- 



114 Chapter 107 [i:)59 

other jurisdiction, cannot properly be had in the absence of cooperative 
procedures. It is the further purpose of this agreement to provide such 
cooperative procedures. 

Article II 

As used in this agreement: 

(a) "State" shall mean a state of the United States; the 
United States of America ; a territory or possession of the United States ; 
the District of Columbia ; the Common v^ealth of Puerto Rico. 

(b) "Sending state" shall mean a state in which a prisoner is 
incarcerated at the time that he initiates a request for final disposition 
pursuant to Article III hereof or at the time that a request for custody or 
availability is initiated pursuant to Article IV hereof. 

(c) "Receiving state" shall mean the state in v^hich trial is to 
be had on an indictment, information or complaint pursuant to Article 
III or Article IV hereof. 

Article III 

(a) Whenever a person has entered upon a term of imprison- 
ment in a penal or correctional institution of a party state, and whenever 
during the continuance of the term of imprisonment there is pending 
in any other party state any untried indictment, information or com- 
plaint on the basis of which a detainer has been lodged against the 
prisoner, he shall be brought to trial within one hundred eighty days 
after he shall have caused to be delivered to the prosecuting officer and 
the appropriate court of the prosecuting officer's jurisdiction written 
notice of the place of his imprisonment and his request for a final dis- 
position to be made of the indictment, information or complaint; pro- 
vided that for good cause shown in open court, the prisoner or his 
counsel being present, the court having jurisdiction of the matter may 
grant any necessary or reasonable continuance. The request of the 
prisoner shall be accompanied by a certificate of the appropriate official 
having custody of the prisoner, stating the term of commitment under 
which the prisoner is being held, the time already served, the time re- 
maining to be served on the sentence, the amount of good time earned, the 
time of parole eligibility of the prisoner, and any decisions of the state 
parole agency relating to the prisoner, 

(b) The written notice and request for final disposition re- 
ferred to in paragraph (a) hereof shall be given or sent by the prisoner 
to the warden, commissioner of corrections or other official havmg 
custody of him, who shall promptly forward it together with the certifi- 
cate to the appropriate prosecuting official and court by registered or 
certified mail, return receipt requested. 

(c) The warden, commissioner of corrections or other official 
having custody of the prisoner shall promptly inform him of the source 



1959 J Chapter 107 115 

and contents of any detainer lodged against him and shall also inform 
him of his right to make a request for final disposition of the indictment, 
information or complaint on which the detainer is based. 

(d) Any request for final disposition made by a prisoner pur- 
suant to paragraph (a) hereof shall operate as a request for final dis- 
position of all untried indictments, informations or complaints on the 
basis of which detainers have been lodged against the prisoner from the 
state to whose prosecuting official the request for final disposition is 
specifically directed. The warden, commissioner of corrections or other 
official having custody of the prisoner shall forthwith notify all appro- 
priate prosecuting officers and courts in the several jurisdictions within 
the state to which the prisoner's request for final disposition is being 
sent of the proceeding being initiated by the prisoner. Any notification 
sent pursuant to the paragraph shall be accompanied by copies of the 
prisoner's written notice, request, and the certificate. If trial is not had 
on any indictment, information or complaint contemplated hereby prior 
to the return of the prisoner to the original place of imprisonment, such 
indictment, information or complaint shall not be of any further force 
or effect, and the court shall enter an order dismissing the same with 
prejudice. 

(e) Any request for final disposition made by a prisoner pur- 
suant to paragi'aph (a) hereof shall also be deemed to be a waiver of 
extradition with respect to any charge or proceeding contemplated 
thereby or included therein by I'eason of paragraph (d) hereof, and a 
waiver of extradition to the receiving state to serve any sentence there 
imposed upon him, after completion of his term of imprisonment in ihe 
sending state. The request for final disposition shall also constitute a 
consent by the prisoner to the production of his body in any court where 
his presence may be required in order to effectuate the purposes of this 
agreement and a further consent voluntarily to be returned to the 
original place of imprisonment in accordance with the provisions of this 
agreement. Nothing in this paragrapli shall prevent the imposition of a 
concurrent sentence if otherwise permitted by law. 

(f) Escape from custody by the prisoner subsequent to his 
execution of the request for final disposition referred to in paragraph 
(a) hereof shall void the request. 

Article IV 

(a) The appropriate officer of the jurisdiction in which an 
untried indictment, information or complaint is pending shall be entitled 
to have a prisoner against whom he has lodged a detainer and who is 
serving a term of imprisonment in any party state made available in 
accordance with Article V (a) hereof upon presentation of a written 
request for temporary custody or availability to the appropriate authori- 
ties of the state in which the prisoner is incarcerated; provided that 



116 Chapter 107 [1959 

the court having jurisdiction of such indictment, information or com- 
plaint shall have duly approved, recorded and transmitted the request; 
and provided further that there shall be a period of thirty days after 
receipt by the appropriate authorities before the request be honored, 
within which period the governor of the sending state may disapprove 
the request for temporary custody or availability, either upon his own 
motion or upon motion of the prisoner. 

(b) Upon receipt of the officer's written request as provided 
in paragraph (a) hereof, the appropriate authorities having the 
prisoner in custody shall furnish the officer with a certificate stating the 
term of commitment under which the prisoner is being held, the time 
already served, the time remaining to be served on the sentence, the 
amount of good time earned, the time of parole eligibility of the 
prisoner, and any decisions of the state parole agency relating to the 
prisoner. Said authorities simultaneously shall furnish all other officers 
and appropriate courts in the receiving state who have lodged detainers 
against the prisoner with similar certificates and with notices informing 
them of the request for custody or availability and of the reasons there- 
for. 

(c) In respect to any proceeding made possible by this Article, 
trial shall be commenced within one hundred twenty days of the arrival 
of the prisoner in the receiving state, but for good cause shown in open 
court, the prisoner or his counsel being present, the court having juris- 
diction of the matter may grant any necessary or reasonable continu- 
ance. 

(d) Nothing contained in this Article shall be construed to de- 
prive any prisoner of any right which he may have to contest the 
legality of his delivery as provided in paragraph (a) hereof, but such 
delivery may not be opposed or denied on the ground that the executive 
authority of the sending state lias not affirmatively consented to or 
ordered such delivery. 

(e) If trial is not had on any indictment, information or com- 
plaint contemplated hereby prior to the prisoner being returned to the 
original place of imprisonment pursuant to Article V (e) hereof, such 
indictment, information or complaint shall not be of any further force 
or effect, and the court shall enter an order dismissing the same with 
prejudice. 

Article V 

(a) In response to a request made under Article III or Article 
IV hereof, the appropriate authority in a sending state shall offer to 
deliver temporary custody of such prisoner to the appropriate authority 
in the state where such indictment, information or complaint is pending 
against such person in order that speedy and efficient prosecution may 
be had. If the request for final disposition is made by the prisoner, the 



1959J Chapter 107 117 

offer of temporary custody shall accompany the written notice provided 
for in Article III of this agreement. In the case of a federal prisoner, the 
appropriate authority in the receiving state shall be entitled to tempo- 
rary custody as provided by this agreement or to the prisoner's presence 
in federal custody at the place for trial, whichever custodial arrangement 
may be approved by the custodian. 

(b) The officer or other representative of a state accepting an 
offer of temporary custody shall present the following upon demand: 

(1) Proper identification and evidence of his authority to act 
for the state into whose temporary custody the prisoner is to be given. 

(2) A duly certified copy of the indictment, information or 
complaint on the basis of which the detainer has been lodged and on 
the basis of which the request for temporary custody of the prisoner 
has been made. 

(c) If the appropriate authority shall refuse or fail to accept 
temporary custody of said person, or in the event that an action on the 
indictment, information or complaint on tlie basis of which the detainer 
has been lodged is not brought to trial within the period provided in 
Article III or Article IV hereof, the appropriate court of the jurisdiction 
where the indictment, information or complaint has been pending shall 
enter an order dismissing the same with prejudice, and any detainer 
based thereon shall cease to be of any force or effect. 

(d) The temporary custody referred to in this agreement shall 
be only for the purpose of permitting prosecution on the charge or 
charges contained in one or more untried indictments, informations or 
complaints which form the basis of the detainer or detainers or for 
prosecution on any other charge or charges arising out of the same trans- 
action. Except for his attendance at court and while being transported to 
or from any place at which his presence may be required, the prisoner 
shall be held in a suitable jail or other facility regularly used for persons 
awaiting prosecution. 

(e) At the earliest practicable time consonant with the pur- 
poses of this agreement, the prisoner shall be returned to the sending 
state. 

(f) During the continuance of temporary custody or while the 
prisoner is otherwise being made available for trial as required by this 
agi'eement, time being served on the sentence shall continue to run but 
good time shall be earned by the prisoner only if, and to the extent that, 
the law and practice of the jurisdiction which imposed the sentence may 
allow. 

(g) For all purposes other than that for which temporary 
custody as provided in this agreement is exercised, the prisoner shall 
be deemed to remain in the custody of and subject to the jurisdiction 
of the sending state and any escape from temporary custody may be 



118 Chapter 107 [ly59 

dealt with in the same manner as an escape from the original place of 
imprisonment or in any other manner permitted by law. 

(h) From the time that a party state receives custody of a 
prisoner pursuant to this agreement until such prisoner is returned to 
the territory and custody of the sending state, the state in which the 
one or more untried indictments, informations or complaints are pending 
or in which trial is being had shall be responsible for the prisoner and 
shall also pay all costs of transporting, caring for, keeping and return- 
ing the prisoner. The provisions of this paragraph shall govern unless 
the states concerned shall have entered into a supplementary agreement 
providing for a different allocation of costs and responsibilities as be- 
tween or among themselves. Nothing herein contained shall be construed 
to alter or affect any internal relationship among the departments, 
agencies and officers of and in the government of a party state, or be- 
tween a party state and its subdivisions, as to the payment of costs, or 
responsibilities therefor. 

Article VI 

(a) In determining the duration and expiration dates of the 
time periods provided in Article III and IV of this agreement, the run- 
ning of said time periods shall be tolled whenever and for as long as the 
prisoner is unable to stand trial, as determined by the court having 
jurisdiction of the matter. 

(b) No provision of this agreement, and no remedy made 
available by this agreement, shall apply to any person who is adjudged 
to be mentally ill. 

Article VII 

Each state party to this agreement shall designate an officer 
who, acting jointly with like officers of other party states, shall pro- 
mulgate rules and regulations to carry out more effectively the terms 
and provisions of this agreement, and who shall provide, within and 
without the state, information necessary to the effective operation of 
this agreement. 

Article VIII 

This agreement shall enter into full force and effect as to a party 
state when such state has enacted the same into law. A state party to 
this agreement may withdraw herefrom by enacting a statute repealing 
the same. However, the withdrawal of any state shall not affect the 
status of any proceedings already initiated by inmates or by state officers 
at the time such withdrawal takes effect, nor shall it affect their rights 
in respect thereof. 

Article IX 

This agreement shall be liberally construed so as to effectuate its 
purposes. The provisions of this agreement shall be severable and if any 



1959] Chapter 107 119 

phrase, clause, sentence or provision of this agreement is declared 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 cir- 
cumstance is held invalid, the validity of the remainder of this agree- 
ment and the applicability thereof to any government, agency, person or 
circumstance shall not be affected thereby. If this agreement shall be 
held contraiy to the constitution of any state party hereto, the agi^e- 
ment shall remain in full force and effect as to the remaining states and 
in full force and effect as to the state affected as to all severable matters. 

107:2 Definition. The phrase "appropriate court" as used in the 
agreement on detainers shall, with reference to the courts of this state, 
mean the municipal court or the superior court. 

107:3 Enforcement of Agreement. All courts, departments, 
agencies, officers and employees of this state and its political sub- 
divisions are hereby directed to enforce the agreement on detainers and 
to cooperate with one another and with other party states in enforcing 
the agreement and effectuating its purpose. 

107:4 Application. Nothing in this chapter or in the agreement 
on detainers shall be construed to require the application of the habitual 
offenders law to any person on account of any conviction had in a pro- 
ceeding brought to final disposition by reason of the use of said agree- 
ment. 

107:5 Duty of Warden. It shall be lawful and mandatory upon 
the warden or other official in charge of a penal or correctional institu- 
tion in this state to give over the person of any inmate thereof whenever 
so required by the operation of the agreement on detainers. 

107:6 Compact Administrator. The governor may designate an 
officer of the state to act as compact administrator of and information 
agent for the agreement. 

107:7 Copies Sent. Copies of this chapter shall, upon its approval, 
be transmitted to the governor of each state, the attorney general and 
the administrator of the general services of the United States, and the 
council of state governments. 

107:8 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1959.] 
[Effective date July 17, 1959.] 



120 Chapters 108,109 [1959 

CHAPTER 108. 
AN ACT NAMING AN INTERSTATE HIGHWAY. 

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

108:1 Senator Styles Bridges Highway Named. That portion of 
the interstate highway 93 beginning at the traffic circle at Bridge street 
in Concord on the Frederic E. Everett Highway and extending to the 
Vermont connection shall be known as the Senator Styles Bridges High- 
way. 

108:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1959.] 
[Effective date July 17, 1959.] 



CHAPTER 109. 



AN ACT RELATIVE TO THE ISSUANCE OF CAPITAL DEBENTURES BY CERTAIN 
STATE BANKING INSTITUTIONS. 

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

109:1 State Banks. Amend RSA 384 by inserting after section 14 
thereof the following new section: 384:14-a Capital Debentures. 

Notwithstanding other provisions of this title, or of its charter, any 
mutual savings bank, guaranty savings bank, building and loan asso- 
ciation or trust company, for the purpose of strengthening its financial 
condition and on vote of its trustees or directors may receive contribu- 
tions to its capital funds and in consideration therefor may issue capital 
debentures to any individual, corporation, bank or association of banks. 
Any such institution desiring to issue capital debentures shall submit a 
written proposal to the commissioner specifying the following: (1) the 
principal amount of capital debentures which it proposes to issue, (2) the 
terms and conditions of said debentures including interest rate and retire- 
ment provisions, (3) the name of any mutual savings bank, guaranty sav- 
ings bank, building and loan association or trust company proposing to 
purchase capital debentures and the principal amount of debentures which 
it proposes to purchase, and (4) its reasons for issuing such debentures. If 
in the opinion of the commissioner the proposed issuance of debentures 
will improve the financial condition of the institution, he shall approve the 
same and said debentures shall be considered as legal investments for the 
purchasing institutions named in the plan and for other such institu- 
tions with the approval of the commissioner. No such institution shall 



1959] Chapter 110 121 

invest in capital debentures except with the approval of the commis- 
sioner. Capital debentures may only be retired from earnings unless 
otherwise authorized by the commissioner. 

109:2 Capital Funds. Amend paragraph IV of RSA 387:1 by 
striking out said paragraph and inserting in place thereof the following: 
IV. Capital Funds: The total of capital debentures, if any, capital 
stock, if any, surplus, undivided profits, guaranty fund and guaranty 
fund surplus, 

109:3 Definition. Amend RSA 387:1 by inserting after paragraph 
V the following new paragraph: V-a. Capital Debenture: Debenture 
issued by any bank under RSA 384:14-a. 

109:4 Limitation. Amend RSA 387:3 by inserting at the end 
thereof the following new paragraph: X. Not exceeding five per cent 
of the capital funds shall be invested in capital debentures. 

109:5 Legal Investment. Amend RSA 387 by inserting after sec- 
tion 13 thereof the following new section: 387:13-a Capital Debentures. 
Capital debentures are legal investments and may be purchased with the 
approval of the commissioner as provided in RSA 384:14-a. 

109:6 Liquidation. Amend RSA 395:30 by striking out said 
section and inserting in place thereof the following: 395:30 Distribu- 
tion of Assets. The proceeds of the property of an insolvent institution 
shall be distributed according to the decree of the court: I. To pay 
the expense of the liquidation. II. For the payment in equal proportion 
of all debts, claims and obligations owing by the institution. III. For 
the payment of capital debentures issued under RSA 384 :14-a. IV. The 
remainder to be divided among the stockholders according to their in- 
terests. 

109:7 Takes Effect. This act shall take effect upon its passage. 
[Approved May 20, 1959.] 
[Effective date May 20, 1959.] 



CHAPTER 110. 



an act changing the effective date of the provisions for the 
Boys' and Girls' Benefit Fund. 

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

110:1 Change of Date. Amend 1959, 44:2 by striking out said 
section and inserting in place thereof the following: 44:2 Takes 
Effect. This act shall take effect as of May 1, 1959. 



122 Chapter 111 [1959 

110:2 Takes Effect. This act shall take effect on its passage. 
[Approved May 20, 1959.] 
[Effective date May 20, 1959.] 



CHAPTER 111. 



AN ACT ESTABLISHING A CENTRAL PURCHASING DEPARTMENT 

FOR TOWNS. 

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

111:1 Town Purchasing. Amend PvSA 31 by inserting after sec- 
tion 59 the following new subdivision: 

Town Central Purchasing Department 
31:59-a Authority Granted. Any town at an annual meeting, 
under an article in the warrant for said meeting, may vote to establish 
a central purchasing department for said town. 

31:59-b Purchasing Agent. If tlie town shall vote to establish 
such a department the selectmen shall appoint a purchasing agent for 
said town. Said agent shall be a resident of the town at the time of his 
appointment. He shall purchase all supplies for any agency of said town 
and may establish rules and regulations for competitive bidding for said 
purchases. 

31:59-c Definitions. As used in this subdivision the following 
terms shall be construed as follows : 

I. "Supplies" shall mean and include all materials, equipment, 
printing, furniture, furnishings of every name and nature. 

II. "Purchase" shall mean and include all contracts for the 
purchase of supplies, as well as the act of purchasing. 

31:59-d Application of Subdivision. In any town which has 
voted to establish a purchasing department as provided in this sub- 
division the authority of any official or board to make purchases shall be 
suspended during the time said provisions are in effect. Nothing in this 
subdivision shall be construed as affecting in any way a school district, 
or the purchase of supplies therefor, located in a town which has voted 
to establish a purchasing department for the town. 

111:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 20, 1959.] 
[Effective date July 19, 1959.] 



1959J Chapters 112, 13 123 

CHAPTER 112. 

AN ACT RELATIVE TO INSTITUTIONAL GUARDIANS. 

Be it enacted bij the Senate and House of Representatives in General 

Court convened: 

112:1 Institutional Guardians, Bond Without Sureties. Amend 
RSA 462 by inserting after section 3 the following- new section : 462 :3-a 
Institutional Guardians, Bond Without Sureties. Whenever an institu- 
tion in accordance with the provisions of RSA 463 :9 is appointed guardian 
of a minor, and the estate of the minor has a gross value less than 
twenty-five hundred dollars, such guardian may give to the judge of 
probate a bond without sureties. 

112:2 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved May 20, 1959.] 
[Effective date July 19, 1959.] 



CHAPTER 113. 

AN ACT RELATIVE TO FILL IN GREAT PONDS AND PURCHASE OF SAND OR 
GRAVEL FROM THE BED OF PUBLIC WATERS. 

Be it enacted by the Senate and House of Rc/presentatives in General 

Court convened: 

113:1 Fill in Great Ponds. Amend RSA 482 by inserting after 
section 41-c, as inserted by 1955, 244:1 (supp) the following new sec- 
tion: 482:41-d Fees. Any payment received by the state as de- 
termined by the governor and council under the provisions of section 
41-b for the grant of the right to place fill in the bed of a great pond 
shall be paid over to the state treasurer and shall be credited by him to 
the appropriation for the water resources board. 

113:2 State Property on the Bed of Navigable Waters or Great 
Ponds. Amend RSA 4 by inserting after section 40 the following new 
subdivision : 

Conveyance of Property Under Water 
4:40-a Grant of Right. The governor and council, upon petition 
and upon recommendation of the water resources board after consulta- 
tion with the fish and game commission and sucli other state agencies 
as may be involved, may, for such consideration as they deem just, con- 
vey sand and gravel which is on the bed of any navigable water or great 
pond, in accordance with the provisions of this subdivision. For the pur- 
pose hereof great pond is defined as a public water of more than ten 
acres. 



124 Chapter 114 [1959 

4:40-b Petition. Every petition for such sand or gravel shall be 
referred to the water resources board and said board, after due notice to 
abutters and others as deemed necessary and upon investigation shall 
make its recommendations to the governor and council. If the board shall 
recommend that the petition be granted such recommendation shall in- 
clude appropriate specifications and conditions necessary to the pro- 
tection of public rights and to the protection of the rights and privileges 
of persons owning land in the vicinity of the area from which said sand 
or gravel is to be taken, 

4:40-c Deed. The grant of the governor and council shall be 
evidenced by an instrument in writing, executed by the governor and 
council and attested by the secretary of state and recorded in the county 
where the property is located. 

4:40-d Fees. Any payment received by the state as determined by 
the governor and council under the provisions of section 40-a for sand or 
gravel taken from the bed of a great pond or of any navigable water shall 
be paid over to the state treasurer and shall be credited by him to the 
appropriation for the water resources board. 

113:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 20, 1959.] 
[Effective date July 19, 1959.] 



CHAPTER 114. 

AN ACT RELATING TO ADMINISTRATION OF ESTATES. 

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

114 :1 No Action Within Six Months. Amend PvSA 556 :1 by strik- 
ing out the words "one year" in the second line and inserting in place 
thereof the words, six months, so that said section as amended shall read 
as follows : 

556:1 No Action Within Six Months, etc. No action shall be 
sustained against an administrator if begun within six montlis after the 
original grant of administration, nor unless the demand has been ex- 
hibited to the administrator and payment has been demanded. 

114:2 Demand, Time For. Amend RSA 556:3 by striking out the 
words "one year" in the second line and inserting in place thereof the 
words, six months, so that said section as amended shall read as follows : 



1959] Chapter 114 125 

556:3 Exhibition of Demand; Time. No such action shall be 
sustained unless the demand was exhibited to the administrator within 
six months after the original grant of administration, exclusive of the 
time such administration may have been suspended. 

114 :3 No Suit After One Year. Amend RSA 556 :5 by striking out 
the words "two years" in the third line and inserting in place thereof the 
words, one year, so that said section as amended shall read as follows : 

556:5 Suit Within One Year. No suit shall be maintained against 
an administrator for any cause of action against the deceased, unless it 
is begun within one year next after the original grant of administration, 
exclusive of the time such administration may have been suspended, ex- 
cept in cases where he has retained estate in his hands for the payment 
of the claim by order of the judge, and cases provided for by sections 7 
and 28. 

114:4 Right of Action Surviving, Suit Within One Year. Amend 
RSA 556:7 by striking out the words "two years" in the third and fourth 
lines and inserting in place thereof the words, one year, so that said 
section as amended shall read as follows: 556:7 Right of Action Sur- 
viving. If a right of action existed in favor of or against the deceased 
at the time of his death, and survives, an action may be brought by or 
against the administrator at any time within one year after the original 
grant of administration. 

114:5 Insolvent Estates. Amend RSA 556:4 by striking out the 
words "year" in the second line and inserting in place thereof the words, 
six months, so that said section as amended shall read as follows: 
556:4 No Exhibition Required, When. If the estate has been repre- 
sented insolvent within said six months no such exhibition shall be 
necessary to entitle the creditor to have the demand allowed by the com- 
missioner. 

114:6 Appeal. Amend RSA 567:2 by striking out the word 
"sixty" in the first line and inserting in place thereof the word, thirty, 
so that said section as amended shall read as follows : 567 :2 Time Limit, 
etc. The appeal shall be claimed within thirty days from the time of 
making such decision, and not after, in writing, signed by the party 
appealing or his attorney, setting forth his interest therein and the 
reasons of his appeal. 

114:7 Security for Costs on Appeal. Amend RSA 567:3 by adding 
at the end thereof the following: The bond may be executed for the 
appellant by his attorney at law entering the appeal in his behalf. In lieu 
of sureties, the appellant may deposit money or certified check with the 
register of probate equal to the amount of the required bond, so that said 
section as amended shall read as follows: 567:3 Bond. The person 
appealing shall give bond, with sufficient sureties, to prosecute his appeal 



126 Chapter 115 [1959 

with effect, and to pay all such costs as shall be awarded against him by 
the superior court. The bond may be executed for the appellant by his 
attorney at law entering the appeal in his behalf. In lieu of sureties, the 
appellant may deposit money or certified check with the register of pro- 
bate equal to the amount of the required bond. 

114:8 Aggrieved Person. Amend RSA 567:7 by striking out the 
word "sixty" in the second line and inserting in place thereof the word, 
thirty, so that said section as amended shall read as follows: 567:7 
Petition for Right. Any person aggrieved by a decision of a judge, who 
was prevented from appealing therefrom within thirty days, through mis- 
take, accident or misfortune, and not from his own neglect, may petition 
the superior court at any time within two years thereafter, to be allowed 
an appeal, setting forth his interest, his reason for appealing and the 
causes of his delay. 

114:9 Probate of Will. Amend PvSA 552:7 by striking out the 
words "one year" in the fourth line and inserting in place thereof the 
words, six months, so that said section as amended shall read as follows : 

552:7 Proof, Solemn Form. Any party interested may have the 
probate of a will which has been proved without notice re-examined, and 
the will proved in solemn form before the court of probate at any time 
within six months of such probate, if no appeal from the probate has 
been prosecuted before the superior court. 

114:10 Takes Effect, Reservation of Rights. This act shall take 
effect January 1, 1960, but nothing contained herein shall affect any right 
accruing or accrued, acquired or established in the administration of any 
estate, or in the probate of any will, instituted prior to the time when 
this act shall take effect, and the provisions of RSA, as they were prior 
to these amendments, may be extended and applied thereto. 
[Approved May 20, 1959.] 
[Effective date January 1, I960.] 



CHAPTER 115. 

AN ACT RELATING TO PRIVATE NURSERY SCHOOLS. 

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

115:1 Time Limit. Amend RSA 125:37 (supp) as amended by 
1957, 282:1 by striking out the words "in periods of not more than 
three hours a day" in the fifth and sixth lines so that said section as 
amended shall read as follows: 125:37 Definition. Private nursery 
schools and private kindergartens mean any place set apart and regularly 



1959 J Chapter 116 127 

operated by any person or persons, fiiTn or corporation usually for com- 
pensation for the purpose of giving" nursery school and/or kindergarten 
instruction and training to five or more children from two to si^ years 
of age. 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. 

115:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 22, 1959.] 
[Effective date July 21, 1959.] 



CHAPTER 116. 

AN ACT RELATIVE TO THE SALE OF LIQUOR OR BE^^RAGES TO A MINOR. 

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

116:1 Sales to Minors. Amend RSA 175 by inserting after section 
6 thereof the following new section: 175:6-a Sales to Minors. The 

establishment of all of the following facts by a person making a sale of 
liquor or beverage to a minor shall constitute prima-facie evidence of 
innocence and a defense to any prosecution therefor: (a) that the minor 
falsely represented in writing and supported by some official document 
that he or she was twenty-one years of age or over; (b) that the appear- 
ance of the minor was such that an ordinary and prudent person would be- 
lieve him or her to be twenty-one years of age or over; and (c) that the 
sale was made in good faith relying upon such written representation 
and appearance in the reasonable belief that the minor was actually 
twenty-one years of age or over. 

116:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 22, 1959.] 
[Effective date July 21, 1959.] 



128 Chapters 117, 118 [1959 

CHAPTER 117. 

AN ACT IN RELATION TO DISTRICT LIABILITY FOR ELEMENTARY 

SCHOOL TUITION. 

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

117:1 School Districts. Amend RSA 193:4 (supp) as amended by 
1957, 52:1 by striking out said section and inserting- in place thereof the 
following: 193:4 District Liability for Elementary School Tuition. 

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 dis- 
trict, provided, however, that except under contract 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 elementary schools, as estimated by the state board of edu- 
cation for the preceding school year, or the current expenses of operation 
of the receiving district for its elementary schools, as estimated by the 
state board of education, for the preceding school year, whichever is less. 
This current expense of operation shall include all costs except 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. 

117:2 Takes Effect. This act shall take effect as of June 30, 1960. 
[Approved May 22, 1959.] 
[Effective date June 30, I960.] 



CHAPTER 118. 

AN ACT TO PROMOTE THE SAFETY, WELFARE AND PROTECTION OF PERSONS 

AND PROPERTY IN THE AIR AND ON THE GROUND BY REGULATING 

THE HEIGHT, LOCATION AND VISUAL AND AURAL 

IDENTIFICATION CHARACTERISTICS OF CERTAIN 

STRUCTURES. 

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

118:1 New Chapter. Amend RSA by inserting after chapter 
422-A (supp) as inserted by 1955, 211, the following new chapter: 

Chapter 422-B 

Control of Tall Structures 
422-B :1 Declaration of Purpose. The safety, welfare and pro- 
tection of persons and property in the air and on the ground and of the 



1959] Chapter 118 129 

maintenance of electronic communications within this state require that 
the navigable airspace overlying the state and the approaches to and the 
air traffic pattern area of any public airport in this state be maintained 
in a reasonably unobstructed condition for the safe flight of aircraft. 
To that end, the location, height, and identification of structures and the 
use of land thereto related, are regulated. 

422-B:2 Definitions. As used in this chapter, unless the con- 
text othervv'ise requires: 

I. "Airport" means any area, of land or water, except a re- 
stricted landing area, which is designed for the landing and take-off of 
aircraft, whether or not facilities are provided for the shelter, servicing, 
or repair of aircraft, or for receiving or discharging passengers or cargo, 
and all appurtenant areas used or suitable for airport buildings or other 
airport facilities, and all appurtenant rights of way, either heretofore or 
liereafter established. 

II. "Approach surface" means the imaginary sloping plane be- 
ginning at the end of a runway or landing strip and rising uniformly 
over the approach area at the required slope. 

III. "Commission" means the state aeronautics commission. 

IV. "Landing strip" means that part of the area within an 
airport boundary, which either in its natural state or as a result of con- 
struction work is suitable for the landing and take-off of aircraft. 

V. "Permit" means a permit issued by the commission under 
the provisions hereof. 

VI. "Person" means any individual, firm, co-partnership, 
corporation, company, association, joint stock association, or body politic, 
including the state and any political subdivision thereof, and includes any 
trustee, receiver, assignee, or other similar representative thereof. 

VII. "Runway" means the paved, or hard surfaced, or stabil- 
ized portion of a landing strip. 

VIII. "Structure" means any object constructed or installed by 
man, including but without limitation, buildings, towers, smokestacks, 
and overhead transmission lines. 

IX. "Transitional surface" means an imaginary sloping plane 
having a profile perpendicular to the extended runway or landing strip 
longitudinal centerline beginning at the approach surface and rising uni- 
formly at the required slope. 

X. "Open waters" means those areas of rivers, ponds, lakes, 
impoundments, bays and marshes the air space over which is at least 
two hundred feet in width for a continuous distance of at least one thou- 
sand feet. 

422-B:3 Limitation on Structure. 

I. Except as provided in paragraph II, until a permit therefor 
has been issued by the commission no person shall erect, add to the 



130 Chapter 118 [1959 

height of or replace any structure within the areas described in para- 
graph II of this section which will result in a structure higher than that 
allowed by that paragraph, nor at any other place in this state which 
will result in a structure extending more than five hundred feet above 
the highest point of land within a one-mile radius from the structure. 

II. In territory surrounding public airports for which zoning 
ordinances or regulations have been, or hereafter are, made effective 
by local governmental authorities pursuant to RSA 424, no person sliall 
erect, add to the height of or replace any structure except as allowed 
by such local zoning ordinances or regulations but no permit therefor 
from the commission shall be required. Outside of such locally zoned 
territory and within the area and in accordance with the slope ratios pre- 
scribed by the airport approach plan for each airport as adopted by the 
commission pursuant to RSA 424 :3, no structure shall be erected, altered 
by increasing the height thereof or replaced until a permit therefor has 
been obtained from the commission. 

422-B:4 Permits. No permit shall be issued to erect, add to or 
replace any structure which will extend more than one thousand feet 
above the highest point of land within a one-mile radius from the 
location of the structure, except as hereinafter provided, nor shall any 
person erect, add to or replace any structure for which a permit is re- 
quired that exceeds the height allowed by the permit. The commission 
may issue a permit to erect or add to a structure which will extend to a 
height of more than one thousand feet above the highest point of land 
within a one-mile radius from the location of the structure proposed to 
be erected or added to if such proposed structure will not be higher than 
fifty feet above the height of the highest structure in existence on the 
effective date hereof which is within a distance of one mile from the 
location of the structure proposed to be erected or added to. In any in- 
stance where an application is pending before the federal government or 
some agency thereof, for the erection of an electronic or other structure, 
the commission shall not issue a permit for such structure until after 
the federal government or the agency thereof before which such appli- 
cation is pending has taken final action on the application. 

422-B:5 Application. It is not necessary that ownership of, 
option for, or other possessory right to a specific location site be held by 
the applicant before application for a permit is filed with the commission 
but any permit granted by the commission shall, among other things, 
state the specific location and also the maximum height allowed for the 
structure. Applications for permits shall be made to the commission pur- 
suant to rules and regulations promulgated by and on forms provided by 
the commission under the provisions of section 16 of tliis chapter. Upon 
the receipt of an application for a permit, the commission shall send by 
certified mail, return receipt requested, a copy of such application to the 
planning board, if any exists, of the town or city in which the structure 



1959] Chapter 118 131 

involved stands or is sought to be erected. If there be no planning board, 
then said copy shall be so sent to the governing body of the town or 
city. Within thirty days after the receipt of the copy of the application 
the planning board or the governing body, as the case may be, shall sub- 
mit its recommendations with respect to the application to the commis- 
sion. 

422-B:6 Conditions. Every permit granted shall also specify 
what, if any, obstruction markers, markings, lighting or other visual or 
aural identification shall be installed on or in the vicinity of the structure. 
Such identification characteristics required shall conform to federal laws 
and regulations where applicable. 

422-B:7 Investigations. Upon receiving an application for a 
permit the commission shall make such investigation as may be necessary 
to process the application properly hereunder. If, upon such investi- 
gation, the commission determines that a permit should not issue or that 
the height or location should be other than as applied for, the commis- 
sion sliail thereupon notify the applicant in writing of its determination. 
Such notification may be served by delivering it personally to tlie appli- 
cant or by sending it by first class mail to the applicant at the address 
specified in the application. Such determination shall become final twenty 
days after notification thereof is served unless the applicant, within such 
twenty-day period, requests in writing that a hearing be held before the 
commission with reference to the application. All such hearings shall be 
open to the public. Any person interested may appear and be heard either 
in person or by counsel and may present such evidence and testimony as 
may be pertinent. 

422-B:8 Marking Structures. Any structure which obstructs 
the air space more than one hundred seventy feet above the ground or 
water level when determined by the commission to be a hazard or a 
potential hazard to the safe flight of aircraft shall be plainly marked, 
illuminated, painted, lighted or designated in a manner to be approved by 
the commission so that the same will be clearly visible to airmen. In 
determining tlie structures which are hazards or potential hazards to 
air navigation the commission shall consider the minimum altitudes of 
flights prescribed by state and federal regulations, the terrain, the 
character of the neighborhood, uses to which the structure and surround- 
ing property may be adaptable and the character of the flying opera- 
tions expected to be conducted in the area. 

422-B:9 Notice of Determination. When the commission de- 
termines that a structure is a hazard or a potential hazard to air navi- 
gation within the meaning of this chapter, it shall notify the owner of 
the land on which the structure is located or the owner or operator of 
the structure. The notice shall be in writing and shall set forth specifi- 
cations as to the manner in which the structure is to be marked, illumi- 



132 Chapter 118 [1959 

nated, painted or designated in order to make it clearly visible to airmen. 
The person to whom the notice is sent shall have sixty days to comply 
with the requirements thereof. Such determination shall become final 
twenty days after notification thereof is received unless the person re- 
ceiving such notice requests in writing, within such twenty-day period, 
that a hearing be held before the commission with reference to the de- 
termination. All such hearings shall be open to the public. Any person 
interested may appear and be heard either in person or by counsel and 
may present such evidence and testimony as may be pertinent. 

422-B:10 Hearings. The commission shall have power to sub- 
poena witnesses and administer oaths in any hearing conducted by it, and 
to compel, by subpoena duces tecum, the production of any pertinent 
accounts, books, contracts, records, documents, memoranda and papers. 

422-B:ll Witnesses. Witnesses summoned before the commis- 
sion shall be paid the same fees as witnesses summoned to appear before 
the superior court, and such summons issued by any justice of the peace 
shall have the same effect as though issued for appearance before such 
court. 

422-B:12 Appeal. The procedure for re-hearings and appeal 
shall be that prescribed by RSA 541. 

422-B:13 Wires Over Open Water. In addition to complying 
with any other applicable provisions of this chapter, any person owning, 
operating or maintaining, or erecting, altering or replacing transmission 
or telephone lines over and across the open waters of this state shall, 
within ninety days following the effective date of this chapter or before 
erecting, altering or replacing such lines as the case may be, inform the 
commission and the Director of the Coast and Geodetic Survey of the 
exact location of such lines and the height of such lines above the water 
level and shall furnish such other information and specifications as the 
commission shall request. 

422-B:14 Orders. In any instance where the commission learns 
or has reasonable grounds to believe that any person is erecting or add- 
ing to a structure that would be subject to the provisions hereof but con- 
cerning which no application for a permit has been filed, it may on its 
own motion issue an order to such person to appear before the commis- 
sion and show cause why an application for a permit to erect or add to 
the structure need not be obtained. A date for a hearing thereon shall be 
set out in such order. 

422-B:15 Action to Restrain. In addition to any other remedy, 
the commission may institute in any court of competent jurisdiction an 
action to prevent, restrain, correct or abate any violation of the pro- 
visions hereof or of any rules, regulations or orders of the commission 
issued pursuant thereto. The court may grant such relief, by way of 



1959 J Chapter 119 133 

injunction (which may be mandatory) or otherwise, as may be necessary 
hereunder and the rules, regulations, and orders of the commission issued 
pursuant thereto. 

422-B:16 Rules and Keonlations. The commission shall adopt 
and promulgate, and may from time to time amend or rescind, reasonable 
rules and regulations for the administration of this chapter. Such rules 
and regulations and changes therein shall become effective at such time 
as may be specified therein, and may be published and distributed at the 
commission's expense. The commission shall prescribe and furnish forms 
necessary for the administration hereof. 

422-B:17 Penalty. Whoever violates or fails to comply with 
the provisions of this chapter or with regulations promulgated hereunder 
shall be fined not less than ten dollars nor more than five hundred dollars. 
Each day's continuance of a violation of this chapter shall be deemed a 
separate and distinct offense. 

422-B:18 Separability. If any one or more of the provisions of 
this chapter is declared unconstitutional or the application thereof is 
held invalid, the validity of the remainder of the chapter and the appli- 
cation of such provision or provisions to other persons and circumstances 
shall not be affected thereby. 

118 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 25, 1959.] 
[Effective date May 25, 1959.] 



CHAPTER 119. 

AN ACT RELATIVE TO WATER POLLUTION CLASSIFICATION. 

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

119:1 Variances. Amend RSA 149 by inserting after section 9 the 
following new section: 149:9-a Seasonal Variances. At any time 
after adoption of a given classification by the legislature any person 
chargeable with the responsibility of abating pollution as a result of such 
classification may apply to the commission for a seasonal variance in such 
classification as applies to his specific case. The commission may gi^ant 
such a variance when, in its opinion, the purposes of this chapter will be 
met and the public health and welfare will not be adversely affected. 
Such variances shall be limited to the period September 15 to June 15 in- 



134 Chapters 120, 121 Ll?«'59 

elusive and shall expire annually on June 15 or on such other date as the 
commission may set within the authorized period. 

119:2 Takes Eflfect. This act shall take effect as of June 15, 1959. 
[Approved May 26, 1959.] 
[Effective date June 15, 1959.] 



CHAPTER 120. 

AN ACT RELATING TO' THE SUSPENSION OF BOAT REGISTRATIONS. 

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

120:1 Suspension of Registration. Amend RSA 270 by inserting 
after section 16 the following new section: 270:16-a Suspension of 
Registration. The commission may order the suspension of any boat 
registration in its discretion, and without a hearing, and may order the 
registration to be delivered to its office, whenever it has just cause to 
believe that the holder thereof is physically or mentally an improper or 
incompetent person to operate power boats and outboard motors, or is 
operating improperly or so as to endanger the public or pending the in- 
vestigation of any accident in which a boat or outboard motor is involved. 
Upon request of any person whose registration is suspended pursuant to 
this section the commission shall hold a hearing thereon within thirty 
days of such request. 

120:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1959.] 
[Effective date July 25, 1959.] 



CHAPTER 121. 

AN ACT RELATING TO BORROWING BY COUNTIES. 

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

121:1 Counties. Amend RSA 29:8 by striking out said section and 
inserting in place thereof the following: 29:8 Borrowing. Whenever 
the money in the treasury of any county shall be insufficient to meet the 
demands upon the same, the treasurer, upon the order of the commission- 
ers with the approval of the executive committee of the county conven- 
tion, may borrow such sum as they shall deem necessary for the pur- 
pose, and give the note of the county therefor; provided, however, that 



1959] Chapter 122 135 

if the sum to be borrowed, together with the collected taxes of the same 
fiscal year, shall exceed by ten per cent the total appropriations made for 
that year by the county convention, the approval of the county con- 
vention for such excess borrowing- must be secured, unless the convention 
has not acted upon the appropriations for the ensuing year. 

121:2 Repeal. RSA 29:9 relative to approval of the superior court 
for certain borrowing is hereby repealed. 

121:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1959.] 
[Effective date July 25, 1959.] 



CHAPTER 122. 

AN ACT RELATIVE TO LICENSE FEES FOR PERSONS PURCHASING MILK 
OR CREAM FOR RESALE OR MANUFACTURE. 

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

122:1 Purchasing Milk or Cream License. Amend RSA 185:4 by 
striking out the word "five" in the third line and inserting in place there- 
of the word, ten, so that said section as amended shall read as follows : 
185:4 — Issuance; Renewal. Upon the filing of the statement required 
by section 2 hereof, power of attorney, if any is required, the depositing 
of bond, mortgage or other security and the payment of a license fee of 
ten dollars the commissioner of agriculture shall license such applicant 
to make such purchases within the state until the first day of the next 
April if the applicant shall be found by the commissioner to have 
sufficient real estate within the state or shall have filed sufficient other 
security, for the protection of those from whom such applicant purchases 
the aforesaid products. Annually thereafter on April first such license 
may upon application be renewed upon payment of a like fee and filing 
of such bond, mortgage or other security as the commissioner deems 
necessary. 

122:2 Takes Effect. This act shall take effect as of April 1, 1960. 
[Approved May 26, 1959.] 
[Effective date April 1, I960.] 



136 Chapter 123 [1959 

CHAPTER 123. 

AN ACT TO RESTRICT THE AUTHORITY OF THE TAX COMMISSION RELATIVE 

TO TAX RE-ASSESSMENT. 

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

123:1 Tax Commission. Amend RSA 71:12 by striking out said 
section and inserting in place thereof the following: 71:12 Re- Assess- 
ments. Whenever it comes to the attention of the tax commission by 
specific complaint, or from other sources, that an assessment has not 
been made, or that an assessment is fraudulent, improper, unequal or 
illegal, the commission when in its opinion such action is advisable or 
necessary may order an assessment or re-assessment thereof in any 
assessment district, 

123:2 Time limitation. Amend RSA 71 :13 (supp) as amended by 
1955, 297:1 by striking out said section and inserting in place thereof the 
following: 71:13 Procedure for. When selectmen or assessors are 
ordered to make such assessment or re-assessment the same shall be 
made within thirty days unless the time is extended by the tax com- 
mission, provided however that when the order to assess or re-assess is 
made within thirty days of the end of the tax year the assessment or 
re-assessment shall be made before the fifth day preceding the end of the 
tax year or the commission shall then make the assessment or re-assess- 
ment. If such assessment or re-assessment is not made within thirty 
days or any extension thereof or is not satisfactory to the tax commis- 
sion, the commission may make it. 

123:3 Re-assessment. Amend RSA 71:14 by striking out said 
section and inserting in place thereof the following: 71:14 — 
Expense of. The expense of such assessment or re-assessment, if made 
by the tax commission, shall be paid by the city or town in which the 
property assessed is situated. 

123:4 Duty of Selectmen or Assessors. Amend RSA 71:15 by 
striking out said section and inserting in place thereof the following: 
71:15 — Effect. Any such assessment or re-assessment if satisfactory 
to the tax commission shall when completed be returned to the clerk of 
the city or town by the board making it, and shall be treated as an original 
assessment and the selectmen or assessors shall assess the taxes on the 
property accordingly. If it is advisable or necessary for the tax commis- 
sion to make such assessment or re-assessment it shall when completed 
be returned to the clerk of such city or town and shall be treated as an 



1959] Chapters 124, 125 137 

orig"inal assessment and the selectmen or assessors shall assess the taxes 
on the property accordingly. 

123:5 TIakes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1959.] 
[Effective date July 25, 1959.] 



CHAPTER 124. 



AN ACT PROVIDING FOR THE CLASSIFICATION OF THE SURFACE WATERS 
OF THE SPICKET RIVER WATERSHED. 

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

124:1 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. Canobie Lake and all its tributaries, in the towns of Wind- 
ham and Salem, from their sources to the outlet of said lake. Class A. 

II. Spicket River and all its tributaries, in the towns of Atkin- 
son, Chester, Derry, Hampstead, Pelham, Salem, Sandown, and Wind- 
ham, from their sources to the New Hampshire-Massachusetts state line. 
Class B-1. 

III. All other surface waters of the Spicket River watershed 
hitherto unclassified, in the towns of Atkinson, Chester, Derry, Hamp- 
stead, Pelham, Salem, Sandown, and Windham, except those portions in 
paragraphs I and II, Class B-1. 

124:2 Takes Effect. This act shall take effect as of July 1, 1959. 
[Approved May 26, 1959.] 
[Effective date July 1, 1959.] 



CHAPTER 125. 

an act providing for the classification of berry pond and 
Berry Pond Brook. 

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

125:1 Classification. On and after the effective date of this act 
the following surface waters sliall be classified in accordance with pro- 
visions of chapter 149, RSA: 



138 Chapter 126 [1959 

I. Berry Pond and all its tributaries, in the town of Pittsfield, from 
their sources to the outlet of said pond, Class A. 

II. Berry Pond Brook, from its source at the outlet of said pond, 
and all its tributaries, in the town of Pittsfield, from their sources to the 
outlet dam of the Pittsfield Aqueduct Company water supply reservoir, 
Class A. 

125 :2 Takes Eflfect. This act shall take effect as of July 1, 1959. 
[Approved May 26, 1959.] 
[Effective date July 1, 1959.] 



CHAPrER 126. 



AN ACT PROVIDING FOR THE CLASSIFICATION OF CERTAIN SURFACE 
V^ATERS OF THE CONNECTICUT RiVER WATERSHED. 

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

126:1 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. Kimball Brook and all its tributaries, in the town of Stratford, 
from their sources to the crest of the water supply intake dam for the 
village of North Stratford, Class A. 

II. Beaver Brook and all its tributaries, in the towns of Cole- 
brook and Stewartstown, from their sources to the crest of the water 
supply intake dam for the town of Colebrook, Class A. 

III. Durant Brook and all its tributaries, in the town of Cole- 
brook, from their sources to the outlet of the water supply intake for the 
town of Colebrook, Class A. 

IV. Parson Brook and all its tributaries, in the towns of Cole- 
brook and Columbia, from their sources to the outlet of the water supply 
intake for the town of Colebrook, Class A. 

V. Connecticut River from its source, in the town of Pittsburg, 
to the crest of Murphy Dam at Lake Francis in said town. Class B-1. 

VI. All other surface waters of the Connecticut River watershed 
hitherto unclassified, in the towns and unincorporated places of Pitts- 
burg, Clarksville, Stewartstown, Dixville, Colebrook, Columbia, Strat- 
ford, Odell, and Northumberland, except those portions in paragraphs I, 
II, III, IV, V, and except the Connecticut River from the crest of Murphy 
Dam in Pittsburg down to but not including the Upper Ammonoosuc 
River watershed. Class B-1. 

126 :2 Takes Effect. This act shall take effect as of July 1, 1959. 
[Approved May 26, 1959.] 
[Effective date July 1, 1959.] 



1959] Chapters 127, 128 139 

CHAPTER 127. 

AN ACT RELATING TO THE CLASSIFICATION OF AMMONOOSUC RIVER 

AND ITS TRIBUTARIES. 

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

127:1 Classification of Ammonoosuc River and its Tributaries. 

Notwithstanding the provisions of paragraph XXXII of section 1 of 
chapter 199 of the Laws of 1949, providing that any order for abatement 
of pollution in the Ammonoosuc river and its tributaries would be 
deemed to be complied with if the pollution were abated in a period of 
fifteen years from the date of order, namely by September 1, 1964, such 
compliance with said order shall not be deemed to be effective unles.> 
such pollution control facilities to meet classification for Class B-1 
waters shall have been begun by September 1, 1963. The purpose of this 
act is to require that any person affected by said classification must have 
installed and placed in proper operating order such pollution control 
facilities as may be necessary under said statute by September 1, 1964. 
The water pollution commission shall notify persons affected hereunder 
of the requirement that pollution control measures be begun by the 
above date of September 1, 1963. 

127:2 Takes Effect. This act shall take effect January 1, 1960. 
[Approved May 26, 1959.] 
[Effective date January 1, I960.] 



CHAPTER 128. 



AN ACT RELATIVE TO BOARD OF FUNERAL DIRECTORS AND INTERSTATE 

AGREEMENTS. 

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

128:1 Board of Funeral Directors. Amend RSA 325:10 by strik- 
ing out the words "a sum not exceeding five hundred dollars a year" and 
inserting in place thereof the words, a sum determined by the board, so 
that said section as amended shall read as follows : 325 : 10 — Secretary, 
Duties. The secretary of the board shall keep a record of all proceed- 
ings of the board, issue all notices and certificates and attest such papers 
and orders and perform such other duties as may be designated or 
directed by the board. He may employ a clerk and expend for such em- 
ployment a sum determined by the board. 

128:2 Non-residents. Amend RSA 325 by inserting after section 
22 the following new section: 325:22-a Interstate Agreements. The 



140 Chapter 129 L1959 

board may enter into an agreement with the corresponding hcensing 
authority of any other state competent to enter into such agreement, 
which shall permit a non-resident person duly registered and licensed 
as a funeral director or embalmer in any state signing the agreement 
with the board to go into the other state for the purpose of handling, 
embalming, transporting and burying dead human bodies and directing 
funerals as though he were registered under the laws of New 
Hampshire, except that he shall not maintain an establishment, advertise, 
have any agent or agency, or otherwise hold himself out as a funeral 
director or embalmer other than in his native state provided that the 
agreement will set forth that the licensing authority of the state in 
which the funeral director or embalmer is licensed will assume the re- 
sponsibility for instituting disciplinary action against any licensed 
funeral directors or embalmers who may be guilty of unprofessional con- 
duct in the practice of their business in New Hampshire when such is 
reported by this board and the same to apply to New Hampshire licensed 
men. 

128 :3 Takes Effect. This act shall take effect as of July 1, 1959, 
[Approved May 27, 1959.] 
[Effective date July 1, 1959.] 



CHAPTER 129. 

AN ACT RELATING TO COMPENSATION OF JURORS. 

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

129:1 Per Diem. Amend RSA 500:26 by striking out the word 
"six" in the third line and inserting in place thereof the word, ten ; and 
by striking out the vv^ords "for each day in actual attendance at court, 
one dollar for expenses," in the fourth and fifth lines, so that said sec- 
tion as amended shall read as follows : 500 :26 Compe-nsation of Jurors. 
Grand and petit jurors shall be paid by the county for each day or part of a 
day which is spent in actual attendance at court, ten dollars each; for 
travel to and from court each day, each mile seven cents ; talesmen shall 
receive compensation and allowances for travel and expenses in the same 
manner and amount as grand and petit jurors. 

129:2 Takes Effect. This act shall take effect January 1, 1960. 
[Approved May 29, 1959.] 
[Effective date January 1, I960.] 



1959] Chapters 130, 131 141 

CHAPTER 130. 

AN ACT RELATIVE TO REQUIRED COURSES OF INSTRUCTION IN SCHOOLS. 

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

130:1 Declaration of Independence. Amend RSA 189:10 by add- 
ing after the word "state" in the sixth line the following-, and also in the 
Declaration of Independence, so that said section as amended shall read 
as follows: 189:10 Studies. The school board shall see that the 
studies prescribed by the state board are thoroughly taught, especially 
physiology and hygiene in so far as it relates to the effect of alcohol and 
narcotics on the human system. In all public and private schools in the 
state there shall be given regular courses of instruction in the constitu- 
tions of the United States and of this state and also in the Declaration 
of Independence. Any member of the school board who neglects or re- 
fuses to comply with the provisions of this section shall be fined two 
hundred dollars. 

130:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 3, 1959.] 
[Effective date August 2, 1959.] 



CHAPTER 131. 



an act relative to distribution by the state of sums paid by the 

Commonwealth of Massachusetts on account of Merrimack 

River Flood Control Compact. 

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

131:1 Distribution. Whenever there shall be paid to the state of 
New Hampshire sums from the commonwealth of Massachusetts on 
account of economic losses or damages to the state of New Hampshire or 
reimbursement for tax losses because of the Merrimack River Flood Con- 
trol Compact, as provided by article V of said compact, the state treas- 
urer shall make distribution of said sums to the persons entitled thereto 
in accordance with the determination made by the Merrimack River 
Valley Flood Control Commission in accordance with the provisions of 
said compact. 

131:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 4, 1959.] 
[Effective date June 4, 1959.] 



142 Chapters 132, 133 [1959 

CHAPTER 132. 

AN ACT RELATIVE TO WHOLESALER'S PERMITS FOR SALE OF LIQUOR 

AND BEVERAGES. 

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

132:1 Wholesaler's Permits. Amend RSA 181:9-a (supp) as in- 
serted by 1957, 28 :2, by striking out all after the word "renewal" in the 
seventh line and inserting in place thereof the words, of wholesale per- 
mits which were in existence on March 15, 1957 by the holders thereof 
as of said date; nor shall it be deemed to refer to persons who acquired 
their interest as heirs-at-law or spouse of the deceased, by the law of 
intestate succession or, in the case of a will, those who acquired their 
interest under said will provided that such legatees are also heirs-at-law 
or spouse of the deceased, so that said section as amended shall read as 
follows: 181:9-a — Restrictions on Holding of. 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 wholesale permits which were in existence on March 15, 1957 
by the holders thereof as of said date; nor shall it be deemed to refer 
to persons who acquired their interest as heirs-at-law or spouse of the 
deceased, by the law of intestate succession or, in the case of a will, 
those who acquired their interest under said will provided that such 
legatees are also heirs-at-law or spouse of the deceased. 

132 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 4, 1959.] 
[Effective August 3, 1959.] 



CHAPTER 133. 



AN ACT RELATIVE TO REQUIRED NUMBER OF SCHOOL DAYS IN EACH YEAR 
FOR STANDARD SCHOOLS. 

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

133:1 Instruction of Pupils. Amend RSA 189:1 by striking out 
said section and inserting in place thereof the following: 189:1 Days 
of School. The school board of every district shall provide standard 
schools for at least one hundred and eighty days in each year, at such 



1959] Chapter 134 143 

places in the district as will best serve the interests of education and 
give to all the pupils within the district as nearly equal advantages as 
are practicable. 

133:2 Exceptions. Amend RSA 189:2 by striking- out said section 
and inserting in place thereof the following: 189:2 Reduction of Time. 

If the school board of any district shall decide that, by reason of special 
conditions or circumstances, the maintenance of standard schools for 
one hundred and eighty days in said district is undesirable, said school 
board may so represent in writing to the state board. If, upon hearing, 
the state board shall be of the opinion that the representation is true, 
it may reduce the time of maintaining such schools in said district to 
such limits as it may deem wise. Provided, however, that the state board 
shall not reduce the days during which schools shall be in session, as pro- 
vided in section 1, on account of workshops, conventions or teachers' in- 
stitutes. 

133:3 Standard School. Amend RSA 189:24 by striking out the 
words "thirty-six weeks" and inserting in place the words, one hundred 
and eighty days, so that said section as amended shall read as follows: 
189:24 Standard School. A standard school is one maintained for at 
least 180 days in each year, in a suitable and sanitary building, equipped 
with approved furniture, books, maps and other necessary appliances, 
taught by an approved teacher, directed and supervised by an approved 
superintendent, with suitable provision for the care of the health and 
physical welfare of all pupils. 

133:4 Takes Effect. This act shall take effect as of September 1, 
1960. 

[Approved June 4, 1959.] 
[Effective date September 1, I960,] 



CHAPTER 134. 

AN ACT RELATIVE TO LICENSE FEES FOR RECREATIONAL CAMPS. 

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

134:1 Change in Effective Date. Amend 1959, 89:2 by striking 
out said section and inserting in place thereof the following : 2 Takes 
Effect. This act shall take effect January 1, 1960. 

134:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 4, 1959.] 
[Effective date June 4, 1959.] 



144 Chapter 135 [1959 

CHAPTER 135. 

AN ACT TO CLARIFY THE STATUS OF TREES AND OTHER ROADSIDE GROWTH 
WITHIN THE BOUNDARIES OF HIGHWAYS, ROADS, AND STREETS. 

Whereas, existing laws do not clearly specify who has the right or 
duty to remove (as a public nuisance) detrimental trees or other vegeta- 
tion from within roadside boundaries nor the method of such removal; 
and clarification is necessary, now therefore 

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

135:1 Trees and Other Roadside Growth. Amend RSA 253 by in- 
serting after section 6 the following new sections: 253:6-a' Removal 
of Certain Hazardous Trees. Notwithstanding the provisions of other 
sections of chapter 253 or any other provision of law, the commissioner 
of public works and highways on Class I and III highways, and state 
maintained portions of Class II highways, and the mayors of cities and 
the selectmen of towns and the countj'' commissioners for unorganized 
places on Class IV, V and VI highways and town maintained portions of 
Class II highways may declare any tree, either alive or dead, situated 
within the limits of highways, roads, or streets to be a public nuisance 
by reason of danger to traffic or spread of tree disease. After such dec- 
laration by such authority and notice to the abutting landowner on whose 
property such tree is located the said authority shall within a reasonable 
time remove the same without compensation or cost to the abutter. 
However, no such declaration and notice shall be required for the annual 
removal of trees and bushes that cause damage to the highways or to 
the traveling public or are objectionable from the material or artistic 
standpoint as provided in section 10. The provisions of this section shall 
not apply to public shade or ornamental trees. Nothing in this act shall 
be construed to relieve the public utility companies of their accepted 
responsibility of tree trimming and tree removal for the protection of 
their lines, or for the construction of new lines, or to alter the provisions 
of RSA 254 in any manner. The aforesaid state and municipal authori- 
ties may require of the public utilities owning lines which pass through 
or near a tree or trees which are condemned for removal as a public 
nuisance to assist in their removal at their expense by either the tempo- 
rary removal of their lines or by causing to be removed at their expense 
the top portion of said tree or trees from a point below their lines. 

253:6-b Notice. Notice to the abutting landowner of a tree de- 
clared a public nuisance shall be given by delivery at his place of residence 
or by sending by registered mail to his last known address and it shall 
clearly state the intention of removal of such tree. He may appeal to the 
superior court as to the validity of such declaration within thirty days 
of delivery or mailing of said notice, and shall be entitled to a speedy 



1959] Chapter 136 145 

hearing. The final judgment upon every appeal shall be a decree dis- 
missing the appeal, or vacating the declaration complained of in whole 
or in part, as the case may be ; but in case such declaration is wholly or 
partly vacated the court may also, at its discretion, remand the matter to 
the said department, city, county, or town for such further proceedings, 
not inconsistent with the decree, as justice may require. Following ex- 
piration of the aforestated thirty day period of appeal, or following 
waiver of said right of appeal, the abutting land owner is relieved of any 
liability or responsibility in connection with the tree or trees declared a 
public nuisance and similarily is relieved of any liability or responsibility 
in connection with any stump or stumps left remaining. 

135:2 Powers of Highway Commissioner. Amend RSA 253:15 by 

striking out said section and inserting in the place thereof the following : 
253:15 State Supervision. On all Class I and III highways, and state 
maintained portions of Class II highways, the commissioner of public 
works and highways shall have under his supervision the planting, 
acquisition, maintenance, and removal of all trees and vegetation and the 
same powers relative thereto as conferred by this chapter or any other 
law upon the cities and towns on highways under their jurisdiction. The 
commissioner shall make such rules and regulations for the purposes 
hereof as shall, in his judgment, seem for the best interests of the state. 

135:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 4, 1959.] 
[Effective date August 3, 1959.] 



CHAPTER 136. 



an act relative to insurance on property of the industrial 

Park Authority. 

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

136:1 Industrial Park Authority. Amend RSA 162-A (supp) as 
inserted by 1955, 254 by adding after section 6 the following new section: 
162-A :6-a Insurance. The authority is authorized to procure liability, 
fire and extended coverage insurance on all or any part of its property 
through the director of purchase and property in such amounts as may 
be authorized by the board of approval. 

136:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 4, 1959.] 
[Effective date June 4, 1959.] 



146 Chapters 137, 138, 139 [1959 

CHAPTER 137. 

AN ACT RELATIVE TO ASSISTANT TREASURER OF RAILROAD CORPORATIONS. 

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

137:1 Repeal. RSA 367:19 relative to assistant treasurer for rail- 
road corporations is hereby repealed. 

137:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 4, 1959.] 
[Effective date August 3, 1959.] 



CHAPTER 138. 



AN ACT AUTHORIZING HARBOR-MASTERS TO MAKE ARRESTS FOR 
VIOLATION OF LAW. 

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

138:1 Harbor-Masters. Amend RSA 271-A as inserted by 1957, 
262 by inserting after section 8 the following new section: 271-A :8-a 
Power of Arrest. The harbor-masters appointed by the authority shall 
have authority to make arrests for offenses, under the provisions of this 
chapter, as other peace officers are authorized to do. 

138 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 4, 1959.] 
[Effective date June 4, 1959.] 



CHAPTER 139. 



AN ACT AUTHORIZING THE ISSUANCE OF SHORT TERM LOANS FOR 
HIGHWAY PURPOSES. 

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

139:1 Short Term Loans. If money due from the state on account 
of expenditures for highway purposes is demanded and there are not 
sufficient funds in the highway funds in the treasury available for the 
payment of the same the treasurer, under the direction of the governor 
and council, is authorized to borrow on the state's credit at the lowest 
rate of interest obtainable on short term loans, such sums as may be 



1959] Chapters 140, 141 147 

necessary but the entire indebtedness incurred under this section shall 
not exceed the sum of ten million dollars at any one time. The short term 
loans authorized hereunder shall be repaid from highway income or from 
federal reimbursement for highway purposes. 

139:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 4, 1959.] 
[Effective date June 4, 1959.] 



CHAPTER 140. 

AN ACT RELATIVE TO OFFICERS OF CREDIT UNIONS. 

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

140 :1 Credit Unions. Amend RSA 394 :21 by striking out the fkst 
sentence so that said section as amended shall read as follows: 394:21 
Qualifications. Unless the number of members of the union is less than 
eleven, no member of said board shall be a member of either of said com- 
mittees, nor shall one person be a member of more than one committee. 

140:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 8, 1959.] 
[Effective date August 7, 1959.] 



CHAPTER 141. 

AN ACT RELATIVE TO MILK STANDARDS. 

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

141:1 Terms Defined. Amend paragraph II of RSA 184:36 by 
striking out the words "which remains after removal of the cream in 
whole or in part" and inserting in place thereof the words, from which a 
sufficient portion of milk fat has been removed to reduce its milk fat 
content to less than three and thirty-five one hundredths per cent of milk 
fat, so that said paragraph as amended shall read as follows: II. The 
term "skimmed milk" or "skim milk" means that portion of milk from 
which a sufficient portion of milk fat has been removed to reduce its 
milk fat content to less than three and thirty-five one hundredths per- 
cent of milk fat. It shall contain not less than 8.5 per cent by weight of 
milk solids not fat. 



148 Chapter 141 [1959 

141:2 Tentis Defined. Amend RSA 184:36 by adding- at the end 
thereof the following new paragraphs: 

IX. The term "nonfat," "fat-free," "defatted milk" means 
skimmed or skim milk which contains not more than one tenth of one per 
cent of milk fat. 

X. The term "nonfat dry milk solids" means nonfat milk from 
which at least ninety-five per cent of the water has been removed. 

XL The term "fortified nonfat milk" means nonfat milk, fat-free 
milk or defatted milk to which has been added not more than three per 
cent of nonfat dry milk solids. 

XII. The term "coffee cereal special" means that product result- 
ing from the blending of cream, milk and/or skim or skimmed milk to 
which has been added not more than five per cent of nonfat dry milk 
solids. The finished product shall be pasteurized and homogenized and 
shall contain not less than twelve per cent or more than fourteen per 
cent of milk fat. 

141:3 Marking. Amend RSA 184:38 by striking out said section 
and inserting in place thereof the following: 184:38 Skimmed Milk. 
No dealer in milk, skim milk, skimmed milk, nonfat milk, fat-free milk, 
defatted milk or fortified nonfat milk, and no servant or agent of a dealer, 
shall sell, exchange, deliver or have in his custody or possession with 
intent to sell, exchange or deliver, skimmed milk, skim milk, nonfat milk, 
fat-free milk, defatted milk or fortified nonfat milk unless in a con- 
spicuous place above the center upon the outside of each vessel, can or 
package from or in which such milk is sold the words, "skim, milk," 
"skimmed milk," "nonfat milk," "fat-free milk," "defatted milk" or 
"fortified nonfat milk," are distinctly marked in such letters of such size 
compared with all other words upon said container as to render it likely 
to be read and understood under the customary conditions of purchase 
and use. 

141:4 Labeling Containers. Amend RSA 184 by inserting after 
section 38 the following new section to read as follows: 184:38-a 
Labeling. Upon the outside of each vessel, can or package from or in 
which the product, coffee cereal special, is sold the words "coffee cereal 
special" shall be distinctly marked in such letters of such size as com- 
pared with all other words upon said container so as to render it likely 
to be read and identified under the customary conditions of purchase and 
use. The use of the words "cream" or "milk" shall not appear as part of 
the labeling on any package or upon any tag or cap associated with a 
package containing this product. However, this shall not prohibit the 
use of the words, cream or milk, to appear in a statement listing the 
ingredients of the product. 

141:5 Skimmed Milk, Etc. Amend RSA 184:39 by striking out 
said section and inserting in place thereof the following: 184:39 



1959] Chapters 142, 143 149 

Pemalty. Whoever sells, offers for sale, or has in his possession with 
intent to sell, any milk, skimmed milk, butter milk, butter or renovated 
butter, sweet cream butter, cream, heavy cream, and homogenized cream, 
nonfat milk, nonfat dry milk solids, fortified nonfat milk or coffee cereal 
special which fails to conform to the requirements of the four preceding 
sections, or otherwise violates any provisions of this subdivision, shall be 
fined not less than twenty-five dollars nor more than two hundred dollars, 
or imprisoned not more than sixty days, or both. 

141 :6 Repeal. RSA 184 :20 to 184 :23, inclusive, relative to licenses 
for producing standardized milk are hereby repealed. 

141:7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1959.] 
[Effective date August 8, 1959.] 



CHAPTER 142. 



AN ACT RELATIVE TO DEBT LIMITATION OF THE INDUSTRIAL 
DEVELOPMENT AUTHORITY. 

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

142:1 Industrial Development Authority. Amend RSA 162-A:12 

(supp) as inserted by 1955, 254:1 and amended by 1957, 237:1 by strik- 
ing out the word "two" in the second line and inserting in place thereof 
the word, three, so that said section as amended shall read as follows: 
162- A: 12 Debt Limitation. The authority shall not issue its notes or 
bonds as provided by this act at any one time in an amount exceeding 
three million dollars. 

142:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1959.] 
[Effective date August 8, 1959.] 



CHAPTER 143. 



AN ACT RELATING TO OPERATION OF BOATS WHILE UNDER THE 
INFLUENCE OF LIQUOR. 

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

143:1 Operation of Boats under Certain Conditions. Amend RSA 
570:28 by striking out said section and inserting in place thereof the 



150 Chapter 144 [1959 

following: 570:28 Opei-ation of Boats While Under the Influence of 
Liquor or Drugs — Recklessly or Negligently. It shall be unlawful for 
any person to operate a power boat or outboard motor: 

I. While under the influence of intoxicating liquor or any nar- 
cotic or habit-producing drug; or 

II. To operate such a boat or motor recklessly or so that the lives 
or safety of others may be endangered ; or 

III. To operate in a grossly careless or grossly negligent manner, 
which operation does not constitute reckless operation. Any person con- 
victed of a violation of this section shall not operate any such boat upon 
the waters of this state for a period of one year, and shall be fined not 
more than one hundred dollars, or imprisoned not more than six months 
or both. 

143:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 15, 1959.] 
[Effective date August 14, 1959.] 



CHAPTER 144. 



AN ACT RELATIVE TO THE PRACTICE OF MEDICINE AND LICENSING 

PROVISIONS. 

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

144:1 Physicians and Surgeons. Amend RSA 329:1 by inserting 
before the word "operate" in the second line the word, diagnose, so that 
said section as amended shall read as follows: 329:1 Practice. Any 
person shall be regarded as practicing medicine under the meaning of 
this chapter who shall diagnose, operate on, prescribe for or otherwise 
treat any human ailment, physical or mental. 

144:2 Re-examinations. Amend RSA 329 by inserting after sec- 
tion 13 the following new section: 329:13-a Terms Defined. Not- 
withstanding the provisions of section 13 an applicant desiring to be re- 
examined after the expiration of a period of three years from the pre- 
vious examination shall be deemed a new applicant and shall be re- 
quired to pay the fee required of new applicants. 

144:3 Biennial Registration. Amend RSA 329 by inserting after 
section 16 the following new sections: 329:16-a Registration. Every 
person licensed to practice under this chapter, except as provided in 
sections 16-b and 16-c, shall biennially in even numbered years on or be- 



1959] Chapter 144 151 

fore December thirty-first, register with the board on forms provided 
by said board and pay a biennial registration fee of five dollars. 

329:16-b Exception. Biennial registration shall not be re- 
quired of internes or residents-in-training in a hospital in this state to 
whom temporary licenses have been issued for the duration of their period 
of training. 

329:16-c Inactive List. A physician licensed to practice medi- 
cine in this state, who does not intend to engage in the practice of his 
profession, upon written request to the board of registration in medicine 
may have his name transferred to an inactive list and shall not be re- 
quired to register biennially or pay any registration fee as long as he 
remains inactive. Any physician whose name has been included in the 
inactive list as herein provided shall be restored to active status by the 
board upon the filing of a written request to the secretary of said board, 
accompanied by the required registration fee of five dollars. 

329:16-d Notice of Registration. Biennially on or before the 
fifteenth day of November, the board shall mail to each licensee a notice 
of registration and renewal forms therefor. 

329:16-e Neglect to Register. Any failure, neglect or refusal on 
the part of any person licensed by said board to register as provided in 
section 16-a shall automatically suspend his license to practice medicine. 
Licenses suspended for failure or neglect to register shall not be restored 
except after hearing before the board and on the payment of a fee of 
twenty-five dollars. The hearing may be dispensed with on notice in writ- 
ing which is acceptable to the board. 

329:16-f Change of Address. Any licensee under this chapter 
who shall change his business address during the period between the 
biennial registrations shall forthwith report such change to the board. 

144:4 Takes Effect. The provisions of section 3 shall take eff'ect 
as of November 1, 1960. The remaining sections of this act shall take 
effect sixty days after the passage of this act. 
[Approved June 15, 1959.] 
[Effective date — Section 3, November 1, 1960. 

Remaining Sections August 14, 1959.] 



152 Chapter 145 [1959 

CHAPTER 145. 

AN ACT TO PROVIDE FOR CONSOLIDATED BOND ISSUE TO REIMBURSE 
THE STATE TREASURY. 

Whereas, under certain statutes bonds of the state were authorized 
for certain purposes, and 

Whereas, various expenditures have been made for said purposes 
out of general funds without the issuance of bonds therefor, now there- 
fore 

Be it enacted by the Senate (t^nd House of Representatives in General 
Court convened: 

145:1 Consolidated Bond Authorization. For the purpose of re- 
imbursing the general fund of the state for expenditures already made 
under the following authorizations the state treasurer is hereby author- 
ized to consolidate into one bond issue of $235,000. the following un- 
funded expenditures made under the following four bond authorizations 
Under 1951, 254, capital improvements $19,492.08 
Under 1953, 264, capital improvements 107,964.48 
Under 1953, 262, capital improvements 40,765.13 

Under 1949, 322, state office building 68,097.89 



$236,319.58 
Of the above amount $1,319.58 shall be a charge upon the general funds, 
and the balance of $235,000 shall be a charge upon the bonds hereby 
authorized. 

145:2 Borrowing Power. The treasurer is hereby authorized, un- 
der the direction of the governor and council to borrow upon the credit 
of the state said sum of $235,000 for the purposes of reimbursing the 
general fund and 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 tim.es 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. 

145:3 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. 



1959] Chapter U6 153 

145:4 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 purposes hereof borrow money 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 sum of two 
hundred thirty-five thousand dollars. 

145:5 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. 

145 :6 Payments. The payment of principal and interest on bonds 
and notes issued for the purposes hereof shall be made when due from 
the general funds of the state. The proceeds of the sale of said bonds or 
notes hereby authorized shall be held by the treasurer and paid out by 
him upon warrants drawn by the governor for the purposes of this act 
alone. The governor with the advice and consent of the council shall 
draw his warrants for the payments from the funds provided for herein 
for all funds due for the purposes hereof. 

145:7 Takes Effect. This act shall take effect upon its passage, 
[Approved June 15, 1959.] 
[Effective date June 15, 1959.] 



CHAPTER 146. 

AN ACT RELATIVE TO ENGINEERING STUDIES FOR FUTURE SUPPLIES OF 
WATER FOR DOMESTIC USES. 

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

146:1 New Chapter. Amend RSA by inserting after chapter 148 
the following new chapter: 

Chapter 148-A 

Future Supplies of Water for Domestic Use 

148-A :1 Declaration of Need. It is declared that there is state- 
wide need for long-range planning in order that the health and safety 
of the people of the state may be protected in respect to adequate water 
supplies for domestic use. 

148-A :2 State Department of Health. The state department of 
health is hereby authorized and directed to study the probable domestic 



154 Chapter 147 [1959 

water supply requirements of groups of towns and/or cities which appear 
likely to have increased industrial and population growths for the next 
fifty years. In connection with said studies the department shall find out 
the most feasible and economic sites for sources of water supply for such 
long-range planning. 

148-A:3 Assistance. The department is authorized, within the 
limits of the appropriations made therefor, to employ engineers and 
other assistants to make the studies hereby anticipated. 

148-A:4 Reports. Whenever any study of a group plan for 
domestic water supply projects is made the department shall report the 
same to the next session of the legislature together with its recommenda- 
tions to make secure the availability of those sites which the department 
finds will best meet the future needs of the particular locality studied. 

148-A:5 Advice to Municipalities. Upon request the state de- 
partment of health shall consult with and give advice to any municipality 
which is considering a change in its domestic water supply due to an 
approaching critical situation in the municipality. 

146:2 Appropriation. The sum of five thousand dollars is hereby 
appropriated to be expended by the state department of health for the 
purpose of making preliminary studies for long-range planning for ade- 
quate water supplies for domestic use, as provided by RSA 148-A. The 
sum hereby appropriated shall not lapse but shall be for use only in 
connection with RSA 148-A. 

146:3 Takes Effect. This act shall take effect as of July 1, 1959. 
[Approved June 15, 1959.] 
[Effective date July 1, 1959.] 



CHAPTER 147. 



AN ACT PROVIDING FOR APPOINTMENT OF PRO TEMPORE MEMBERS OF 
BALLOT-LAV^ COMMISSION. 

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

147:1 Ballot-law Commission. Amend RSA 68 by inserting after 
section 1 the following new section: 68:l-a Pro Tern. In case either 
of the appointed members of the commission is absent from any meet- 
ing or unable to perform his duties or disqualifies himself as such com- 
missioner a commissioner pro tempore shall be appointed by the supreme 
court acting as a body. In case of such appointment the appointee shall 



1959] Chapters 148, 149 155 

be of the same political party as that of the commissioner whose place 
he is temporarily filling". 

147:2 Takes Effect. This act shall take effect as of January 1, 
1960. 

[Approved June 15, 1959.] 
[Effective date January 1, I960.] 



CHAPTER 148. 

AN ACT RELATING TO CHECKING ACCOUNTS OF MINORS. 

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

148:1 Banks. Amend RSA 390 by inserting after section 12 the 
following- new subdivision: 

Accounts of Minors in Trust Companies and National Banks 

390-12-a Accounts of Minors. Any trust company or similar 
corporation incorporated under the laws of this state or any national 
bank located within this state, may accept deposits from minors and may 
pay to minors or to their order the deposits to their credit as if they 
were of age, and in connection therewith the minor and the bank shall 
be subject to all the oblig-ations, equities and defenses to which an adult 
would be subject in similar transactions, and their receipts or checks paid 
pursuant to their order shall be sufficient discharg-es for the same. 

148:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 15, 1959.] 
[Effective date August 14, 1959.] 



CHAPTER 149. 



an act relative to abatement of taxes assessed against the 
Valley Trust Company. 

Whereas, pursuant to RSA 84, the state tax commission assessed 
against the Valley Trust Company of Penacook, New Hampshire, taxes 
on deposits and capital stock for the year 1958 which became due and 
payable October 1, 1958, and 

Whereas, upon petition of the New Hampshire bank commissioner, 
filed pursuant to RSA 395:1, said Valley Trust Company was closed by 



156 Chapter 150 [1959 

order of the superior court on June 24, 1958, and as a result thereof 
aforementioned taxes and accrued interest thereon remain unpaid, and 

Whereas, reopening of said Valley Trust Company at the earliest 
possible date is in the public interest, and 

Whereas, abatement of aforementioned taxes and interest would 
help to accomplish that purpose, now therefore 

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

149:1 Abatement of Taxes. The taxes on deposits and capital 
stock for the year 1958 assessed against the Valley Trust Company of 
Penacook, New Hampshire by the state tax commission pursuant to RSA 
84, totalling in the aggregate one thousand six hundred eighty-six dollars 
and fifty-nine cents and all accrued interest thereon, are hereby fully 
abated. 

149:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 15, 1959.] 
[Effective date June 15, 1959.] 



CHAPTER 150. 

AN ACT RELATING TO MOTOR VEHICLE FEES AND MUNICIPAL PERMITS. 

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

150:1 Motor Vehicle Fees. Amend paragraph VIII, RSA 262:1 by 

striking out the word "December" and inserting in place thereof the 
word, November, so that said paragraph as amended shall read as 
follows : VIII. For every motor vehicle, tractor, trailer, or semi-trailer, 
during the period beginning November first and ending March thirty- 
first in any year, one-half of the foregoing fees. 

150:2 Municipal Permits. Amend RSA 260:25 as amended by 
1957, 24:1 by striking out the word "December" in the eighth line and 
inserting in place thereof the word, November, so that said section as 
amended shall read as follows : 260:25 Transfer Credits. Upon trans- 
fer 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, upon 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 November first to March 



1959] Chapter 151 157 

thirty-first such credits shall not exceed one-half of the amount of the 
original fee. 

150:3 Fees. Amend RSA 260:30 by striking out said section and 
inserting in place thereof the following: 260:30 Uedueed Fees for 
Parts of Year. For permits issued under the provisions of this chapter 
during the period beginning with November first and ending March 
thirty-first the fees shall be one-half of the sum named in section 27. 

150:4 Takes Eflfect. This act shall take effect as of November 1, 
1959. 

[Approved June 15, 1959.] 
[Efi:ective date November 1, 1959.] 



CHAPTER 151. 

AN ACT TO EXTEND THE SEASON FOR TAKING RACCOONS. 

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

151:1 Open Season. Amend RSA 210:2 by striking out the words 
"October first" in the second line and inserting in place thereof the words, 
September first, so that said section as amended shall read as follows: 
210 :2 Raccoons. Raccoons may be taken and possessed with the aid of 
and by the use of a dog and gun from September first to December first. 
No person shall take more than tliree raccoons from twelve noon of one 
day to twelve noon of the following day, nor more than twenty-five 
raccoons in one season. No person shall hunt raccoons at night by the 
use of a rifle, revolver, or pistol larger than twenty-two calibre long 
rifle or by the use of shotgun shells carrying shot larger than number 
four or by the use of a light other than a kerosene lantern exclusive of 
the pressure type or a flashlight with more than seven cells. No person 
shall take or attempt to take raccoons by use of a light from a motor 
vehicle. 

151 :2 Takes Eflfect. This act shall take effect as of September 1, 
1959. 

[Approved June 17, 1959.] 
[Ettective date September 1, 1959.] 



158 Chapters 152, 153 [1959 

CHAPTER 152. 

AN ACT RELATIVE TO THE PAYMENT OF CLAIMS ARISING OUT OF ACTIVITIES 

OF THE NATIONAL GUARD. 

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

152:1 Claims Arising From Accidents. Amend RSA 110-A (supp) 
as inserted by 1957, 147:1, by inserting- after section 80 the following 
new section: 110-A :81 Payment of Claims. The governor and coun- 
cil, upon the recommendation of the adjutant general, may pay claims 
against the state arising out of accidents occasioned by the activities of 
the national guard. No claim in excess of two hundred and fifty dollars 
shall be paid to any one person; nor shall any claim be paid hereunder 
which is payable in whole or in part by the United States. Persons mak- 
ing claim hereunder shall file their applications with the adjutant gen- 
eral who shall investigate the circumstances and shall make his recom- 
mendation thereon to the governor and council. Any claims paid here- 
under shall be a charge upon the appropriation therefor in the depart- 
ment of the adjutant general. 

152:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 17, 1959.] 
[Eti:ective date June 17, 1959.] 



CHAPTER 153. 



AN ACT RELATIVE TO DEBT LIMITS OF MUNICIPALITIES FOR PURCHASE 

OF PARKING METERS. 

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

153:1 Municipal Finance Act. Amend RSA 33 by inserting after 
section 6 thereof a new section as follows : 33 :6-a Exclusion from Debt 

Limit. Any municipality which has authorized the purchase and in- 
stallation of parking meters under the provisions of RSA 249, and acts 
in amendment thereof which has incurred indebtedness or may incur 
indebtedness for the purchase and installation of such meters and the 
acquisition, construction and improvement of public parking facilities 
may have such indebtedness to an amount not exceeding one-half of one 
per cent of its last assessed valuation computed under the provisions of 
section 4 excluded from the debt limit prescribed in section 4 if upon 
application to the state tax commission, after hearing, the state tax 
commission finds that the revenues from such sources may reasonably be 
expected to be adequate to retire such indebtedness and the costs con- 



1959] Chapter 154 159 

nected therewith in accordance with the terms by which said indebted- 
ness was incurred. Every such municipaUty shall annually in April re- 
port to the state tax commission such information as the commission 
may require relative to the revenues from such sources, the costs of 
operation of such parking facilities and the amount of outstanding- in- 
debtedness for such purposes. If, at any time, the tax commission shall 
find the revenues available for retiring the debt are insufficient for the 
purpose, then the remaining amount of outstanding indebtedness shall 
be included in the limit of indebtedness prescribed by section 4. 

153:2 Takes Eflfect. This act shall take effect sixty days after its 
passage. 

[Approved June 17, 1959.] 
[Effective date August 16, 1959.] 



CHAPTER 154. 

AN ACT PROVIDING FOR AN INCREASE IN THE MOTOR VEHICLE ROAD TOLLS. 

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

154:1 Motor Vehicle Road Toll. Amend RSA 265:5-a (supp) as 
inserted by 1957, 273:1 by striking out said section and inserting in place 
thereof the following: 265:5-a Amount. In addition to the motor 
vehicle road tolls now imposed pursuant to the provisions of section 4 
hereof and the supplemental road toll now imposed pursuant to the pro- 
visions of section 5 hereof an additional road toll of one cent per gallon 
is hereby imposed. 

154:2 Additional Toll. Amend RSA 265 (supp) by inserting after 
section 5-a, as inserted by 1957, 273:1 and as hereinbefore amended, the 
following new section: 265:5-b Imposition. In addition to the motor 
vehicle road tolls now imposed pursuant to the provisions of section 4 
hereof, the supplemental road toll now imposed pursuant to the pro- 
visions of section 5 and the additional road toll now imposed pursuant to 
the provisions of section 5-a, another additional road toll of one cent per 
gallon is hereby imposed for the purposes of this chapter. The motor 
vehicle road tolls of this state as imposed under the beforementioned 
statutes shall total seven cents per gallon. 

154:3 Takes Effect. The provisions of this act shall take effect on 
the first day of the month after the passage of this act. 
[Approved June 17, 1959.] 
[Effective date July 1, 1959.] 



160 Chapters 155, 156 [1959 

CHAPTER 155. 

AN ACT INCREASING THE GENERAL PENALTY FOR MOTOR VEHICLE VIOLATION. 

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

155:1 First Offense. Amend RSA 262 !28 by striking out the 
words "twenty-five" in the fourth line and inserting in place thereof the 
word, fifty, so that said section as amended shall read as follows : 262 :28 
General Pemalty. Unless otherwise herein provided, any person con- 
victed of a violation of any provision of this title, or of any rule or 
regulation made under authority thereof, shall be fined not more than 
fifty dollars for the first offense, and not more than one hundred dollars 
for any subsequent offense committed during any calendar year. 

155:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 17, 1959.] 
[Effective date August 16, 1959.] 



CHAPTER 156. 

AN ACT TO ENLARGE THE ADVISORY COMMITTEE ON SHORE FISHERIES. 

Whereas the interests of the marine fisheries are so varied from one 
area or pursuit to another, and 

Whereas, in order to advise promptly and accurately the best 
legislative, operating and conservation actions, the present advisory 
committee on shore fisheries needs both amplification and enlistment of 
participant interest throughout our area, and 

Whereas, although the marine fisheries are but a small sector of 
the state's overall activity in dollars, employment of voters affected, 
they nevertheless are still an important part of our vacation appeal, and 
merit more accurate consideration, 

Now Therefore Be it enacted hy the Senate and House of Representatives 
in General Court convened: 

156:1 Enlargement of Committee. Amend RSA 211 by inserting 
after section 60 (supp) as inserted by 1957 176:1 the following new sec- 
tion: 211:60-a Additional Members. The present advisory committee 
on shore fisheries shall be enlarged up to a total of five members by the 
addition of two further members to be appointed by the governor with 
the advice and consent of the council from persons nominated for such 
appointment under the following procedure: 



1959] Chapter 157 161 

I. The New Hampshire port authority together with the present 
advisory committee on shore fisheries shall call a meeting for the pur- 
pose of such nominations, by general and by special invitation, to en- 
compass all interested in salt water fishing or in handling or serving such 
products, including state departments and organized groups affected, at 
which meeting such nominations shall be made and other marine fish- 
eries activities reported. Such nominations shall be forwarded to the 
governor and council for their consideration. 

II. For the original appointments hereunder there shall be nomi- 
nated four persons, and thereafter there shall be nominated at least two 
persons for each vacancy. Said subsequent nominations shall be made by 
the state port authority. 

III. The additional members of the advisory committee on shore 
fisheries shall be appointed as follows, one for a term of four years and 
one for a term of five years and until their successors are appointed and 
qualified. Thereafter one such additional member shall be appointed for 
a term of five years and until his successor is appointed and qualified. 

156:2 Takes Effect. This act shall take effect as of October 1, 
1959. 

[Approved June 17, 1959.] 
[Effective date October 1, 1959.] 



CHAPTER 157. 



AN ACT PROHIBITING MINORS FROM HAVING POSSESSION OF LIQUOR OR 

ALCOHOLIC BEVERAGE. 

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

157:1 Liquor and Alcoholic Beverages. Amend RSA 175 by in- 
serting after section 8 the following new section: 175:8-a Unlawful 
Possession. A minor who has in his possession any liquor or alcoholic 
beverage shall be fined not more than fifty dollars. 

157:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 17, 1959.] 
[Effective date June 17, 1959.] 



162 Chapter 358 [1959 

CHAPTER 158. 

AN ACT ADOPTING THE UNIFORM ESTATE TAX APPORTIONMENT ACT. 

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

158:1 New Chapter. Amend RSA by inserting after chapter 88 
the following new chapter : 

Chapter 88-A 
Uniform Estate Tax Apportionment Act 

88-A:l Definitions. In this chapter 

(a) "Estate" means the gross estate of a decedent as de- 
termined for the purpose of federal estate tax and the estate tax pay- 
able to this state as provided in RSA 87 and any amendments thereof. 

(b) "Person" means any individual, partnership, association, 
joint stock company, corporation, government, political subdivision, gov- 
ernmental agency, or local governmental agency. 

(c) "Person interested in the estate" means any person en- 
titled to receive, or who has received, from a decedent or by reason of 
the death of a decedent any property or interest therein included in the 
decedent's estate. It includes a personal representative, guardian, and 
trustee. 

(d) "State" m.eans any state, territory, or possession of the 
United States, the District of Columbia, and the Commonwealth of 
Puerto Rico. 

(e) "Tax" means the federal estate tax and interest payable 
to this state as provided in RSA 87 and any amendments thereof and 
penalties imposed in addition to the taxes. 

(f) "Fiduciary" means executor, administrator of any de- 
scription, and trustee. 

88-A:2 Apportionment. Unless the will otherwise provides, the 
tax shall be apportioned among all persons interested in the estate. The 
apportionment shall be made in the proportion that the value of the in- 
terest of each person interested in the estate bears to the total value of 
the interests of all persons interested in the estate. The values used in 
determining the tax shall be used for that purpose. 

88-A:3 Procedure for Determining Apportionment. 

(a) The probate court having jurisdiction over the admin- 
istration of the estate of a decedent shall determine the apportionment 
of the tax. If there are no probate proceedings, the probate court of the 
county wherein the decedent was domiciled at death upon the applica- 
tion of the person required to pay the tax shall determine the apportion- 
ment of the tax. 



1959] Chapter 158 163 

(b) If the probate court finds that it is inequitable to appor- 
tion interest and penalties in the manner provided in section 2, because 
of special circumstances, it may direct apportionment thereof in the 
manner it finds equitable. 

(c) If the probate court finds that the assessment of penalties 
and interest assessed in relation to the tax is due to delay caused by the 
negligence of the fiduciary, the court may charge the fiduciary with the 
amount of the assessed penalties and interest. 

(d) In any suit or judicial proceeding to recover from any 
person interested in the estate the amount of the tax apportioned to the 
person in accordance with this chapter, the determination of the probate 
court in respect thereto shall be priwia facie correct. 

88-A:4 Method of Proration. 

(a) The fiduciary or other person in possession of the prop- 
erty of the decedent required to pay the tax may withhold from any 
property distributable to any person interested in the estate, upon its 
distribution to him, the amount of tax attributable to his interest. If 
the property in possession of the fiduciary or other person required to 
pay the tax and distributable to any person interested in the estate is 
insufficient to satisfy the proportionate amount of the tax determined to 
be due from the person, the fiduciary or other person required to pay 
the tax may recover the deficiency from the person interested in the 
estate. If the property is not in the possession of the fiduciary or other 
person required to pay the tax, the fiduciary or other person required to 
pay the tax may recover from any person interested in the estate the 
amount of the tax apportioned to the person in accordance with this 
chapter. 

(b) If property held by the fiduciary is distributed prior to 
final apportionment of the tax, the distributee shall provide a bond or 
other security for the apportionment liability in the form and amount 
prescribed by the fiduciary, with the approval of the probate court hav- 
ing jurisdiction of the administration of the estate. 

88-A:5 Allowance for Exemptions, Deductions and Credits. 

(a) In making an apportionment, allowances shall be made 
for any exemptions granted, and for any deductions and credits allowed 
by the law imposing the tax. 

(b) Any exemption or deduction allowed by reason of the re- 
lationship of any person to the decedent or by reason of the purposes of 
the gift shall inure to the benefit of the person bearing such relationship 
or receiving the gift; except that when an interest is subject to a prior 
present interest which is not allowable as a deduction, the tax apportion- 
able against the present interest shall be paid from principal. 

(c) Any deduction for property previously taxed and any 
credit for gift taxes or death taxes of a foreign country paid by the de- 



164 Chapter 158 [1959 

cedent or his estate shall inure to the proportionate benefit of all persons 
liable to apportionment. 

(d) Any credit for inheritance, sucession or estate taxes or 
taxes in the nature thereof in respect to property or interests includable 
in the estate shall inure to the benefit of the persons or interests charge- 
able with the payment thereof to the extent that, or in proportion as 
the credit reduces the tax. 

(e) To the extent that property passing to or in trust for a 
surviving- spouse or any charitable, public, or similar gift or bequest does 
not constitute an allowable deduction for purposes of the tax solely by 
reason of an inheritance tax or other death tax imposed upon and de- 
ductible from the property, the property shall not be included in the 
computation provided for in section 2 hereof, and to that extent no 
apportionment shall be made against the property. The sentence immedi- 
ately preceding shall not apply to any case where the result will be to 
deprive the estate of a deduction otherwise allowable under Section 2053 
(d) of the Internal Revenue Code of 1954 of the United States or amend- 
ments thereof, relating to deduction for state death taxes on transfers 
for public, charitable or religious uses. 

88-A:6 No Apportionment between Temporary and Remainder 
Interests. No interest in income and no estate for years or for life or 
other temporary interest in any property or fund shall be subject to 
apportionment as between the temporary interest and the remainder. The 
tax on the temporary interest and the tax, if any, on the remainder shall 
be chargeable against the corpus of the property or funds subject to the 
temporary interest and remainder. 

88-A:7 Exoneration of Fiduciary. Neither the fiduciary nor 
other person required to pay the tax shall be under any duty to institute 
any suit or proceeding to recover from any person interested in the 
estate the amount of the tax apportioned to the person until the expira- 
tion of the three months next following final determination of the tax. 
A fiduciary or other person required to pay the tax who institutes the 
suit or proceeding within a reasonable time after the three months' 
period shall not be subject to any liability or surcharge because any por- 
tion of tax apportioned to any person interested in the estate was collect- 
able at a time following the death of the decedent but thereafter became 
uncollectable. If the fiduciary or other person required to pay the tax 
cannot collect from any person interested in the estate the amount of the 
tax apportioned to the person, the amount not recoverable shall be 
equitably apportioned among the other persons interested in the estate, 
who are subject to apportionment. 

88-A :8 Action by Non-Resident, Reciprocity. 

(a) Subject to the conditions in subsection (b) of this section 
a fiduciary acting in another state or a person required to pay the tax 



1959] Chapter 159 165 

domiciled in another state may institute an action in the courts of this 
state and may recover a proportionate amount of the federal estate tax, 
of an estate tax payable to another state, or of a death duty due by a 
decedent's estate to another state from a person interested in the 
estate who is either domiciled in this state or who owns property in this 
state subject to attachment or execution. For the purposes of the action 
the determination of apportionment by the court having jurisdiction of 
the administration of the decedent's estate in the other state shall be 
prima facie correct. 

(b) The provisions of subsection (a) of this section shall 
apply only: 

(1) If such other state affords a remedy substantially 
similar to that afforded in subsection (a) hereof; 

(2) With respect to federal estate tax, if apportionment 
thereof is authorized by Congress. 

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

88-A:10 Short Title. This chapter may be cited as the Uniform 
Estate Tax Apportionment Act. 

88-A:ll Severability. If any provision of this chapter or the 
application thereof to any person or circumstance is held invalid, the 
invalidity shall not affect other provisions or applications of the chapter 
which can be given effect without the invalid provision or application, 
and to this end the provisions of this chapter are severable. 

158:2 Repeal. RSA 88, relative to estate taxes, is hereby repealed. 

158:3 Exception. This act shall not apply to taxes due on account 
of the death of decedents dying prior to the effective date of this act. 

158:4 Takes Effect. This act shall take effect as of October 1, 
1959. 

[Approved June 18, 1959.] 
[Effective date October 1, 1959.] 



CHAPTER 159. 

AN ACT RELATING TO WITNESSES IN CRIMINAL CASES. 

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

159:1 Witnesses. Amend RSA 597:22 by striking out the words 
"justice or" in the first line, and by adding at the end thereof the follow- 



166 Chapter 160 [1959 

ing: At any time thereafter the superior court may, upon a showing 
that the testimony of any witness is necessary before said court in such 
case, take the recognizance of such witness in such sum as it may deem 
reasonable for his appearance before said court, so that said section as 
amended shall read as follows: 597:22 On Binding Over. Whenever 
a municipal court commits or binds over a person for his appearance at a 
term of the superior court he shall take the recognizances of all necessary 
witnesses who appear before him, in such sum as he may think reason- 
able, for their appearance at such term of court. At any time thereafter 
the superior court may, upon a showing that the testimony of any wit- 
ness is necessary before said court in such case, take the recognizance of 
such witness in such sum as it may deem reasonable for his appearance 
before said court. 

159:2 Commitment. Amend RSA 597:23 by striking out said 
section and inserting in place thereof the following: 597:23 Commit- 
ment in Default of Recognizance. Whenever a witness upon being 
ordered by the superior or municipal court to recognize, neglects or re- 
fuses to do so, the superior or municipal court may issue its warrant, 
and cause such witness to be committed to jail until he comply with the 
order. 

159 :3 Takes Effect. This act shall take effect upon its passage. 
[Approved June 18, 1959.] 
[Effective date June 18, 1959] . 



CHAPTER 160. 

AN ACT RELATIVE TO THE CiVIL WAR CENTENNIAL COMMISSION. 

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

160:1 Civil War Centennial Commission. There is hereby estab- 
lished the New Hampshire Civil War Centennial Commission for the pur- 
pose of cooperating with the national commission for the observance of 
the anniversary of the Civil War 1961-1965. The said state commission 
shall be composed of forty members. The members of the commission 
appointed by the governor in 1958 shall become members of the commis- 
sion hereby established and the remaining members of the commission 
shall be appointed by the governor. The governor is authorized to fill any 
vacancies on the commission. The governor shall serve as honorary chair- 
man of the commission. The members shall serve without compensation. 

160:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 18, 1959.] 
[Effective date June 18, 1959] . 



1959] Chapter 161 167 

CHAPTER 161. 

AN ACT RELATIVE TO THE VALUATION OF LIFE INSURANCE POLICIES. 

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

161:1 Definition of Adjusted Premiums. Amend RSA 409:3 by 
striking out the words "section 5" in the eighth line and inserting in 
place thereof the words sections 5 and 5-a, so that said section as 
amended shall read as follows : 409:3 Minimum Cash Surrender Values. 

Any cash surrender value available under the policy in the event of 
default in a premium payment due on any policy anniversary, whether or 
not required by section 2, shall be an amount not less than the excess, 
if any, of the present value, on such anniversary, of the future guaran- 
teed benefits which would have been provided for by the policy, includ- 
ing any existing paid-up additions, if there had been no default, over the 
sum of (a) the then present value of the adjusted premiums as defined 
in sections 5 and 5-a, corresponding to premiums which would have fallen 
due on and after such anniversary, and (b) the amount of any indebted- 
ness to the company on the policy. Any cash surrender value available 
within thirty days after any policy anniversary under any policy paid 
up by completion of all premium payments or any policy continued under 
any paid-up non-forfeiture benefit, whether or not required by section 2, 
shall be an amount not less than the present value, on such anniversary, 
of the future guaranteed benefits provided for by the policy, including 
any existing paid-up additions, decreased by any indebtedness to the 
company on the policy. 

161 :2 Policies of Ordinary Insurance. Amend the third paragraph 
of RSA 409:5 by striking out said paragraph and inserting in place there- 
of the following: Except as otherwise provided in section 5-a, all 
adjusted premiums and present values referred to in this chapter shall 
for all policies of ordinary insurance be calculated on the basis of the 
Commissioners 1941 Standard Ordinary Mortality Table, provided that 
for any category of ordinary insurance issued on female risks, adjusted 
premiums and present values may be calculated according to an age not 
more than three years younger than the actual age of the insured. Such 
calculations for all policies of industrial insurance shall be made on the 
basis of the 1941 Standard Industrial Mortality Table. All calculations 
shall be made on the basis of the rate of interest, not exceeding three 
and one-half per cent per annum, specified in the policy for calculating 
cash surrender values and paid-up non-forfeiture benefits. Provided, 
however, that in calculating the present value of any paid-up term in- 
surance with accompanying pure endowment, if any, offered as a non- 
forfeiture benefit, the rates of mortality assumed may be not more than 
one hundred and thirty per cent of the rates of mortality according to 
such applicable table. Provided, further, that for insurance issued on a 



168 Chapter 161 L1959 

sub-standard basis, the calculation of any such adjusted premiums and 
present values may be based on such other table of mortality as may be 
specified by the company and approved by the insurance commissioner. 

161:3 New Mortality Table. Amend RSA 409 by adding after 
section 5 thereof the following new section: 409:5-a Adjusted 
Premiums after Certain Dates. In the case of ordinary policies issued 
on or after the operative date of this section 5-a as defined herein, all 
adjusted premiums and present values referred to in this chapter shall 
be calculated on the basis of the Commissioners 1958 Standard Ordinary 
Mortality Table and the rate of interest, not exceeding three and one- 
half per cent per annum, specified in the policy for calculating cash sur- 
render values and paid-up non-forfeiture benefits, provided that for any 
category of ordinary insurance issued on female risks, adjusted 
premiums and present values may be calculated according to an age not 
more than three years younger than the actual age of the insured. Pro- 
vided, however, that in calculating the present value of any paid-up term 
insurance with accompanying pure endowment, if any, offered as a non- 
forfeiture benefit, the rates of mortality assumed may be not than those 
shown in the Commissioners 1958 Extended Term Insurance Table. Pro- 
vided, further, that for insurance issued on a substandard basis, the 
calculation of any such adjusted premiums and present values may be 
based on such other table of mortality as may be specified bj^ the com- 
pany and approved by the insurance commissioner. 

After the effective date of this section 5-a, any company may file 
with the insurance commissioner a written notice of its election to com- 
ply with the provisions of this section after a specified date before 
January 1, 1966. After the filing of such notice, then upon such specified 
date (which shall be the operative date of this section for such company) , 
this section shall become operative with respect to the ordinary policies 
thereafter issued by such company. If a company makes no such election, 
the operative date of this section for such company shall be January 1, 
1966. 

161:4 Method of Calculation. Amend RSA 409:6 by striking out 
the words "sections 3, 4 and 5" in the seventh line and inserting in place 
thereof the words sections 3, 4, 5 and 5-a, so that said section as amended 
shall read as follows: 409:6 Method of Calculating Cash Surrender 
Values and Non-forfeiture Benefits. Any cash surrender value and 
any paid-up non-forfeiture benefit, available under the policy in the event 
of default in a premium payment due at any time other than on the 
policy anniversary, shall be calculated with allowance for the lapse 
of time and the payment of fractional premiums beyond the last 
preceding policy anniversary. All values referred to in sections 3, 4, 5 
and 5-a may be calculated upon the assumption that any death benefit is 
payable at the end of the policy year of death. The net value of any 



1959 J Chapter 161 169 

paid-up additions, other than paid-up term additions, shall be not less 
than the dividends used to provide such additions. Notwithstanding- the 
provisions of section 3, additional benefits payable (a) in the event of 
death or dismemberment by accident or accidental means, (b) in the 
event of total and permanent disability, (c) as reversionary annuity or 
deferred reversionary annuity benefits, (d) as decreasing- term insur- 
ance benefits provided by a rider or supplemental policy provision to 
which, if issued as a separate policy, this chapter would not apply, and 
(e) as other policy benefits additional to life insurance and endowment 
benefits, and premiums for all such additional benefits, sliall be dis- 
regarded in ascertaining cash surrender values and non-forfeiture bene- 
fits required by this chapter, and no such additional benefits shall be 
required to be included in any paid-up non-forfeiture benefits. 

161:5 Applicability of Chapter. Amend RSA 409:7 by striking 
out the words "section 5" in the seventh line and inserting in place there- 
of the words sections 5 and 5-a, so that said section as amended shall read 
as follows: 409:7 Chapter not Applicable to Certain Contracts. This 
chapter shall not apply to any reinsurance, group insurance, pure endow- 
ment, annuity or reversionary annuity contract, nor to any term policy 
of uniform amount, or renewal thereof, of fifteen years or less expiring 
before age sixty-six, for which uniform premiums are payable during 
the entire term of the policy, nor to any term policy of decreasing amount 
on which each adjusted premium, calculated as specified in sections 5 and 
5-a, is less than the adjusted premium, so calculated, on such fifteen year 
term policy issued at the same age and for the same initial amount of 
insurance, nor to any policy which shall be delivered outside this state 
through an agent or other representative of the company issuing the 
policy. 

161:6 Operative Date. Amend RSA 409:8 by inserting at the be- 
ginning of said section the words Except as otherwise provided in section 
5-a, so that said section as amended shall read as follows: 409:8 
Operative Date Defined. Except as otherwise provided in section 5-a, 
any life insurance company authorized to do business in this state may 
file with the insurance commissioner a written notice of its intention to 
comply with the provisions hereof on and after a specified date prior to 
January 1, 1948. After the filing of such notice, then upon such specified 
date, which shall be the operative date of this chapter for such company, 
this chapter shall become operative with respect to policies thereafter 
issued by such company. As to such companies making no such election, 
the operative date of this chapter shall be January 1, 1948. 

161:7 Policies Issued after Operative Date. Amend paragraph 
(a) of RSA 410:3 by striking out said paragraph and inserting in place 
thereof the following: (a) For all ordinary policies of life insurance 
issued on the standard basis, excluding any disability and accidental 



170 Chapter 161 [1959 

death benefits in such policies, the Commissioners 1941 Standard Ordi- 
nary Mortality Table for such policies issued prior to the operative date 
of section 5-a of chapter 409 as amended, and the Commissioners 1958 
Standard Ordinary Mortality Table for such policies issued on or after 
such operative date; provided that for any category of such policies 
issued on female risks all modified net premiums and present values re- 
ferred to in this chapter may be calculated according to an age not more 
than three years younger than the actual age of the insured. 

161 :8 Technical Correction. Amend paragraph (a) of RSA 410 :4 

by striking out " [per cent] " in the third line thereof, so that said section 
as amended shall read as follows: (a) A net level annual premium equal 
to the present value, at the date of issue, of such benefits provided for 
after the first policy year, divided by the present value, at the date of 
issue, of an annuity of one per annum payable on the first and each sub- 
sequent anniversary of such policy on which a premium falls due; pro- 
vided, however, that such net level annual premium shall not exceed the 
net level annual premium on the ninteen year premium whole life plan 
for insurance of the same amount at an age one year higher than the 
age at issue of such policy. 

161:9 Deficiency Reserves Required in Certain Cases. Amend 
RSA 410:7 by striking out the words "issued on or after the effective 
date of the chapter" in the third line thereof, so that said section as 
amended shall read as follows: 410:7 Deficiency Reserves Required in 
Certain Cases. If the gross premium charged by any life insurance com- 
pany on any policy or contract is less than the net premium for the 
policy or contract, according to the mortality table, rate of interest and 
method used in calculating the reserve thereon, there shall be maintained 
on such policy or contract a deficiency reserve in addition to all other 
reserves required by law. For each such policy or contract the deficiency 
reserve shall be the present value, according to such standard, of an 
annuity of the difference between such net premium and the premium 
charged for such policy or contract, running for the remainder of the 
premium-paying period. 

161:10 Operative Date. Amend RSA 410:9 by striking out the 
words "and effective" in the second line and by striking out the words 
"section 8" in the third line and inserting in place thereof the words, 
sections 5-a and 8, so that said section as amended shall read as follows : 
410:9 Operative Date. The provisions of this chapter shall be 
operative on the operative date or dates of the Standard Non-forfeiture 
Law, as provided in sections 5-a and 8 of chapter 409. 

161:11 Takes Effect. This act shall take effect sixty days after 
its passage. 

[Approved June 22, 1959.] 
[Effective date August 21, 1959.] 



1959] Chapters 162, 163 171 

CHAPTER 162. 

AN ACT PROVIDING FOR SPECIAL NONRESIDENT STUDENT HUNTING 

LICENSES. 

Be it ev-acted by the Semite and House of Repre^entutives in General 
Court convened: 

162:1 Hunting- Licenses. Amend RSA 214 by inserting after 
section 5 the following- new section: 214:5-a Nonresident Student 
Hunting License. Any nonresident who is eighteen years of age or over 
attending a bona fide preparatory school, college or university in this 
state may make application to the director of fish and game or his agent 
for a special nonresident student hunting license. Such apphcant shall 
submit satisfactory evidence of his attendance at said school, college or 
university and that he has passed the national rifle association hunter 
training safety program, and the director, or his agent, may in his dis- 
cretion issue to such applicant a special license which shall entitle the 
licensee to hunt, shoot, kill or take, except by the use of traps, and to 
transport game birds, and game animals under the restrictions of this 
title. Such special license shall have marked or stamped thereon the 
words "nonresident student hunting license." The fee for such a license 
shall be one-half the amount of the fee for a non-resident hunting 
license. 

162:2 Takes Effect. This act shall take effect as of September 1, 
1959. 

[Approved June 22, 1959.] 
[Effective date September 1, 1959.] 



CHAPTER 163. 

AN ACT RELATIVE TO THE FIRE INSURANCE CONTRACT AND SUITS THEREON. 

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

163:1 New Chapter. Amend RSA 407 by striking out said chap- 
ter and inserting in place thereof the following: 

Chapter 407 

The Fire Insurance Contract and Suits Thereon. 

407:1 Form of Policy. The form of policy for fire insurance pre- 
scribed by this chapter shall be known and designated as the Standard 
Fire Insurance Policy for New Hampshire, hereinafter known as the 



172 Chapter 163 [1959 

Standard Fire Policy. There may be inserted before and after the words 
"New Hampshire" the state in which such form of pohcy is standard. 

407:2 Use Required. No policy or contract of fire insurance, 
except policies used to effect reinsurance between insurers, shall be made, 
issued or deliverd by any insurer or by any agent or representative 
thereof, on any property in this state unless it shall conform to all the 
provisions of the policy form prescribed herein. The insurance commis- 
sioner may, after hearing, revoke or suspend the license of any insurer 
using any other form of such policy. 

407:3 Other Material Required. There shall be printed at the 
head of said policy the name of the insurer or insurers issuing the policy, 
the location of the home office thereof, a statement whether said insurer 
or insurers are stock or mutual corporations or are Lloyds underwriters ; 
and the insurer or insurers may add thereto such devices or device as 
may be approved by the insurance commissioner. 

If the policy is issued by a mutual or cooperative insurer having 
special regulations with respect to the payment by the policyholder of 
assessments, such regulations shall be printed upon the policy, and any 
such insurer may print upon the policy such regulations as may be appro- 
priate to or required by its form of organization. 

407:4 Change of Arrangement. The insurance commissioner is 
authorized to change the shape, size and general arrangement of the 
Standard Fire Policy as he may think the public good requires. 

407:5 Combination Form. Two or more insurers authorized to 
do in this state the business of fire insurance, may, with the approval of 
the insurance commissioner, issue a combination standard form of fire 
policy which shall contain the following provisions: 

(a) A provision substantially to the effect that the insurers 
executing such policy shall be severally liable for the full amount of anj'' 
loss or damage, according to the terms of the policy, or for specified per- 
centages or amounts thereof, aggregating the full amount of such in- 
surance under such policy. 

(b) A provision substantially to the effect that service of 
process, or of any notice or proof of loss required by such policy, upon 
any of the insurers executing such policy, shall be deemed to be service 
upon all such insurers. 

407:6 Temporary Insurance. Binders or other contracts for 
temporary insurance may be made, orally or in writing, for a period 
which shall not exceed thirty days, and shall be deemed to include all the 
terms of such standard fire policy and all such applicable endorsements 
as may be designated in such contract of temporary insurance; except 
that the cancellation clause of such Standard Fire Policy, and the clause 
thereof specifying the hour of the day at which the insurance shall com- 



1959] Chapter 163 173 

mence, may be superseded by the express terms of such contract of 
temporary insurance. 

407:7 Forms for Other Insui-ance. Appropriate forms of other 
contracts or endorsements, insuring against one or more of the perils 
incident to the ownership, use or occupancy of said property, other than 
fire and lightning, which the insurer is empowered to assume, may be 
used in connection with the Standard Fire Policy. Such forms of other 
contracts or endorsements attached or printed thereon may contain pro- 
visions and stipulations inconsistent with the Standard Fire Policy if 
applicable only to such other perils. The pages of the Standard Fire 
Policy may be renumbered and rearranged to provide space for the list- 
ing of rates and premiums for coverages. 

407:8 Use of Forms. A copy of the forms or endorsements pro- 
viding coverage to be used with the Standard Fire Policy shall be filed 
with the insurance commissioner. The commissioner is given authority 
to disapprove any such form if he shall find it to be unfair or inequitable 
or if it does not comply with the requirements of law or conform to the 
filings made under the law relating to the regulation of rates. 

407:9 Descriptions not Warranties. Descriptions of property 
and statements concerning its value and the title of the insured thereto 
in an application for insurance or in an insurance policy shall not be 
treated as warranties. 

407:10 Agent's Knowledge. If a company shall issue a policy 
upon an application prepared by a third person assuming to act as its 
agent or otherwise, it shall be charged with his knowledge of facts rela- 
ting to the property insured as if they were stated in the application. 

407:11 Policy Value. 

(a) If a building insured for a specified amount, whether 
under a separate policy or under a policy also covering other buildings, 
is totally destroyed by fire or lightning without criminal fault on the 
part of the insured or his assignee, the sum for which such building is 
insured shall be taken to be the value of the insured's interest therein 
unless overinsurance thereon was fraudulently obtained. 

(b) If an insured building is only partially destroyed by fire 
or lightning, the insured shall be entitled to the actual loss sustained, 
not exceeding the sum insured. 

(c) Nothing contained in paragraphs (a) and (b) of this sec- 
tion shall be construed as prohibiting the use of coinsurance, or agreed 
amount. 

(d) When a building is insured not for a specified amount but 
under a blanket form with one amount covering two or more buildings 
or one or more buildings and personal property, the provisions of para- 
graph (a) of this section shall not apply. 



174 Chapter 163 [1959 

407:12 Adjustment and Payment of Loss. The company shall 
begin the adjustment of the Ipss within fifteen days after receipt of 
notice of loss. The amount of loss under a fire insurance policy shall be 
due and payable in sixty days after receipt by the insuring- company of 
proof of loss, and the insured may commence an action after the expira- 
tion of that time to recover the same. 

407:13 Rebuilding. If the company decides to rebuild or repair 
the property destroyed or injured, it shall begin to do so within twenty 
days after adjusting the loss, and shall prosecute the work with reason- 
able diligence until it is completed. 

407:14 Neglect of Insurer. If the company neglects to adjust 
the loss within fifteen days after receiving notice of it, or to begin to re- 
build or repair the property destroyed or damaged within twenty days 
after the adjustment of the loss, the insured may proceed to rebuild or 
repair at the expense of the company, which shall be liable for the 
reasonable expenses incurred in so doing and for the loss sustained by its 
neglect, not exceeding the amount insured; or the insured may com- 
mence an action upon the policy. 

407:15 Notice to Insured. Unless the company shall notify the 
insured that any action will be forever barred by law if his writ is not 
served on the company within twelve months next after such notification, 
he may bring his action at any time. 

407:16 Judgment, etc. If, upon trial, the insured recovers more 
than the amount determined by the insurers, he shall have judgment and 
execution immediately therefor, with interest and costs. If he recovers 
no more than such amount, the court may allow interest thereon, and such 
costs to either party as may be just; but execution shall not issue against 
the company within three months, unless by special order of court. 

407:17 Suit against Foreign Company. A person having a 
claim against an insurance company not organized under the laws of the 
state, arising from a transaction with an agent of the company in the 
state, may sue therefor in the courts of the state. Service of any process 
pertaining to such action upon the insurance commissioner shall have the 
same effect as if the company were a domestic corporation and the service 
were lawfully made within the state upon its officers. 

407:18 Non-payment of Judgment. If in such action the plain- 
tiff shall recover a judgment, and the company does not pay it within 
thirty days after notice of it is given to the commissioner, he may 
suspend the authority of the company to do business in the state. 

407:19 Policies written during Suspension. If the company or 
any of its agents shall issue a policy during such suspension, the com- 
pany and agent shall each forfeit two hundred dollars for each policy so 
issued ; but the policies shall be valid and binding, nevertheless. 



1959] Chapter 163 175 

407:20 Action by Assignee. If a policy has been transferred or 
assigned by the insured to a person to hold absolutely or as collateral 
security, with the assent of the insurer, the assignee may bring an 
action thereon in his own name or in that of the assignor, and may 
recover the full amount due upon the policy for the benefit of whom it 
may concern. 

407:21 Chapter Controlling. Every provision and stipulation m 
a contract to which this chapter is applicable in conflict with this chapter 
shall be void and no waiver of any part thereof shall be set up by the 
insurer. 

407:22 New Form Adopted. The Standard Fire Policy (with 
permission to substitute for the word, company, a more accurate de- 
scriptive term for the type of insurer) shall be in the following form : 

Standard Fire Insurance Policy for New Hampshire 

No. Type of Company 

Renewal of Number 

Space for Company Name, Insignia and Location 
Insured's Name and Mailing Address 

Space for 

Producer's Name and 

Mailing Address 



Inception (Mo. Day Yr.) Expiration (Mo. Day Yr.) Years 
It is important that the written portions of 
all policies covering the same property read 
exactly alike. If they do not, they should be 
made uniform at once. 
Insurance is provided against only those perils and for only those cover- 
ages indicated below by a premium charge and against other perils and 
for other coverages only when endorsed hereon or added hereto. 
Space for policy amounts, rates, premium, 
description and location of property covered. 
Subject to Form No(s). attached hereto. 

Insert form number (s) and edition date(s) 
Mortgage Clause: Subject to the provisions of the mortgage clause 
attached hereto, loss, if any, on building items, shall be payable to : 
Insert name(s) of mortgagee (s) and mailing address (es) 

Agency at 
Countersignature Date. Agent 

In consideration of the provisions and stipulations herein or added hereto 
and of the premium above specified, this Company, for the term of years 
specified above from inception date shown above At Noon (Standard 
Time) to expiration date shown above At Noon (Standard Time) at 



176 Chapter 163 [1959 

location of property involved, to an amount not exceeding- the amount (s) 
above specified, does insure the insured named above and legal represent- 
atives, to the extent of the actual cash value of the property at the time 
of loss, but not exceeding the amount which it would cost to repair or 
replace the property with material of like kind and quality within a 
reasonable time after such loss, without allowance for any increased cost 
of repair or reconstruction by reason of any ordinance or law regulating 
construction or repair, and without compensation for loss resulting" from 
interruption of business or manufacture, nor in any event for more than 
the interest of the insured, against all direct loss by iire, lightning and 
by removal from premises endangered by the perils insured against in 
this policy, except as hereinafter provided, to the property described 
herein while located or contained as described in this policy, or pro rata 
for five days at each proper place to which any of the property shall 
necessarily be removed for preservation from the perils insured against 
in this policy, but not elsewhere. Assignment of this policy shall not be 
valid except with the written consent of this Company. 
This policy is made and accepted subject to the foregoing provisions and 
stipulations and those hereinafter stated, which are hereby made a part 
of this policy, tog-ether with such other provisions, stipulations and 
agreements as may be added hereto, as provided in this policy. 

Concealment, fraud. 

This entire policy shall be void if, whether before or after a loss, 
the insured has wilfully concealed or misrepresented any material fact 
or circumstance concerning this insurance or the subject thereof, or the 
interest of the insured therein, or in case of any fraud or false swear- 
ing- by the insured relating- thereto. 

Uninsurable and excepted property. 

This policy shall not cover accounts, bills, currency, deeds, evidences 
of debt, money or securities; nor, unless specifically named hereon in 
writing-, bullion or manuscripts. 

Perils not included. 

This Company sliall not be liable for loss by fire or other perils in- 
sured against in this policy caused, directly or indirectly, by: (a) enemy 
attack by armed forces, including- action taken by military, naval or air 
forces in resisting an actual or an immediately impending enemy attack ; 
(b) invasion; (c) insurrection; (d) rebellion; (e) revolution; (f) civil 
war; (g) usurped power; (h) order of any civil authority except acts of 
destruction at the time of and for the purpose of preventing tlie spread of 
fire, provided that such fire did not originate from any of the perils ex- 
cluded by this policy; (i) neglect of the insured to use all reasonable 
means to save and preserve the property at and after a loss, or when the 
property is endangered by fire in neighboring premises; (j) nor shall this 
Company be liable for loss by theft. 



1959] Chapter 163 177 

Other insurance. 

Other insurance may be prohibited or the amount of insurance may 
be hmited by endorsement attached hereto. 

Conditions suspending or restricting- insurance. Unless otherwise pro- 
vided in writing added hereto this Company shall not be liable for loss 
occurring (a) while the hazard is increased by any means within the con- 
trol or knowledge of the insured; or (b) while a described building, 
whether intended for occupancy by owner or tenant, is vacant or un- 
occupied beyond a period of sixty consecutive days ; or (c) as a result of 
explosion or riot, unless fire ensue, and in that event for loss by fire only. 

Other perils or subjects. 

Any other peril to be insured against or subject of insurance to be 
covered in this policy shall be by endorsement in writing hereon or added 
hereto. 

Added provisions. 

The extent of the application of insurance under this policy and of 
the contribution to be made by this Company in case of loss, and any 
other provision or agreement not inconsistent with the provisions of this 
policy, may be provided for in writing added hereto, but no provision may 
be waived except such as by the terms of this policy is subject to change. 

Waiver provisions. 

No permission affecting this insurance shall exist, or waiver of any 
provision be valid, unless granted herein or expressed in writing added 
hereto. No provision, stipulation or forfeiture shall be held to be waived 
by any requirement or proceeding on the part of this Company relating 
to appraisal or to any examination provided for herein. 

Cancellation of policy. 

This policy shall be cancelled at any time at the request of the in- 
sured, in which case this Company shall, upon demand and surrender 
of this policy, refund the excess of paid premium above the customary 
short rates for the expired time. This policy may be cancelled at any 
time by this Company by giving to the insured a five days' written notice 
of cancellation with or without tender of the excess of paid premium 
above the pro rata premium for the expired time, which excess, if not 
tendered, shall be refunded on demand. Notice of cancellation shall state 
that said excess premium (if not tendered) will be refunded on de- 
mand. 

Mortgagee interests and obligations. 

If loss hereunder is made payable, in whole or in part, to a desig- 
nated mortgagee not named herein as the insured, such interest in this 
poHcy may be cancelled by giving to such mortgagee a ten days' written 
notice of cancellation. 



178 Chapter 163 [1959 

If the insured fails to render proof of loss such mortgagee, upon 
notice, shall render proof of loss in the form herein specified within sixty 
(60) days thereafter and shall be subject to the provisions hereof re- 
lating to appraisal and time of payment and of bringing suit. If this 
Company shall claim that no liability existed as to the mortgagor or 
owner, it shall, to the extent of payment of loss to the mortgagee, be 
subrogated to all the mortgagee's rights of recovery, but without im- 
pairing mortgagee's right to sue; or it may pay off the mortgage debt 
and require an assignment thereof and of the mortgage. Other pro- 
visions relating to the interests and obligations of such mortgagee may 
be added hereto by agreement in writing. 

Pro rata liability. 

This Company shall not be liable for a greater proportion of any loss 
than the amount hereby insured shall bear to the whole insurance cover- 
ing the property against the peril involved, whether collectible or not. 

Requirements in case loss occurs. 

The insured shall give immediate written notice to this Company of 
any loss, protect the property from further damage, forthwith separate 
the damaged and undamaged personal property, put it in the best 
possible order, furnish a complete inventory of the destroyed, damaged 
and undamaged property, showing in detail quantities, costs, actual cash 
value and amount of loss claimed; and within sixty days after the loss, 
unless such time is extended in writing by this Company, the insured 
shall render to this Company a proof of loss, signed and sworn to by the 
insured, stating the knowledge and belief of the insured as to the follow- 
ing: the time and origin of the loss, the interest of the insured and of 
all others in the property, the actual cash value of each item thereof and 
the amount of loss thereto, all encumbrances thereon, all other con- 
tracts of insurance, whether valid or not, covering any of said property, 
any changes in the title, use, occupation, location, possession or ex- 
posures of said property since the issuing of this policy, by whom and 
for what purpose any building herein described and the several parts 
thereof were occupied at the time of loss and whether or not it then 
stood on leased ground, and shall furnish a copy of all the descriptions 
and schedules in all policies and, if required, verified plans and specifica- 
tions of any building, fixtures or machinery destroyed or damaged. The 
insured, as often as may be reasonably required, shall exhibit to any 
person designated by this Company all that remains of any property 
herein described, and submit to examinations under oath by any person 
named by this Company, and subscribe the same; and, as often as may 
be reasonably required, shall produce for examination all books of 
account, bills, invoices and other vouchers, or certified copies thereof if 
originals be lost, at such reasonable time and place as may be designated 



1959J Chapter 163 179 

by this Company or its representative, and shall permit extracts and 
copies thereof to be made. 

Appraisal. 

In case the insured and this Company shall fail to agree as to the 
actual cash value or the amount of loss, then, on the written demand of 
either, each shall select a competent and disinterested appraiser and 
notify the other of the appraiser selected within twenty days of such de- 
mand. The appraisers shall first select a competent and disinterested um- 
pire; and failing for fifteen days to agree upon such umpire, then, on 
request of the insured or this Company, such umpire shall be selected 
by a judge of a court of record in the state in which the property covered 
is located. The appraisers shall then appraise the loss, stating separately 
actual cash value and loss to each item; and, failing to agree, shall sub- 
mit their differences, only, to the umpire. An award in writing, so item- 
ized, of any two when filed with this Company shall determine the amount 
of actual cash value and loss. Each appraiser shall be paid by the party 
selecting him and the expenses of appraisal and umpire shall be paid by 
the parties equally. 

Company's options. 

It shall be optional with this Company to take all, or any part, of 
the property at the agreed or appraised value, and also to repair, re- 
build or replace the property destroyed or damaged with other of like 
kind and quality within a reasonable time, on giving notice of its inten- 
tion so to do within thirty days after the receipt of the proof of loss 
herein required. 

Abandonment. 

There can be no abandonment to this Company of any property. 

When loss payable. 

The amount of loss for which this Company may be liable shall be 
payable sixty days after proof of loss, as herein provided, is received by 
this Company and ascertainment of the loss is made either by agreement 
between the insured and this Company expressed in writing or by the 
filing with this Company of an award as herein provided. 

Suit. 

No suit or action on this policy for the recovery of any claim shall 
be sustainable in any court of law or equity unless all the requirements 
of this policy shall have been complied with, and unless commenced with- 
in twelve months next after inception of the loss. 

Subrogation. 

This Company may require from the insured an assignment of all 
right of recovery against any party for loss to the extent that payment 
therefor is made by this Company. 



180 Chapter 164 [1959 

In Witness Whereof, this Company has executed and attested 
these presents ; but this policy shall not be valid unless countersigned by 
the duly authorized Agent of this Company at the agency hereinbefore 
mentioned. 

Insert signatures and 
titles of proper officers 

407:23 Nuclear Perils. The Standard Fire Policy prescribed by 
this chapter is not intended to cover loss or damage caused by nuclear 
reaction or nuclear radiation or radioactive contamination, whether or 
not directly or indirectly resulting from an insured peril under said 
policy. Insurers issuing the Standard Policy pursuant to this chapter are 
authorized to affix thereto or include therein a written statement that 
the policy does not cover loss or damage caused by nuclear reaction or 
nuclear radiation or radioactive contamination, all whether directly or 
indirectly resulting from an insured peril under said policy. Provided, 
however, that nothing herein contained shall be construed to prohibit 
the attachment to any such policy of an endorsement or endorsements 
specifically assuming coverage for loss or damage caused by nuclear re- 
action or nuclear radiation or radioactive contamination. 

163:2 Conflicting Acts. Any act or parts of acts which may be 
construed as providing for a form different from the one herein pre- 
scribed are hereby repealed. 

163:3 Takes Effect. This act shall take effect January 1, 1960. 
[Approved June 23, 1959.] 
[Effective date January 1, I960.] 



CHAPTER 164. 

AN ACT RELATIVE TO POWERS OF SCHOOL DISTRICTS. 

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

164:1 Raising Money. Amend RSA 194 :3 by striking out the last 
sentence so that said section as amended shall read as follows: 194:3 
Powers of Districts. School districts may raise money, as required by 
law, or, in addition thereto, to procure land for schoolhouse lots and for 
the enlargement of existing lots; to build, purchase, rent, repair or re- 
move schoolhouses and outbuildings, and buildings to be used for 
occupancy by teachers in the employ of such school district; to procure 
insurance against such risks of loss, cost or damage to itself, its employ- 
ees or its pupils as its school board may determine ; to plant and care for 
shade and ornamental trees upon schoolhouse lots; to provide suitable 



1959] Chapters 165, 166, 167 181 

furniture, books, maps, charts, apparatus and conveniences for schools; 
to purchase vehicles for the transportation of children; to provide for 
health and sanitation, and to pay debts. 

164 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 24, 1959.] 
[Effective date June 24, 1959.] 



CHAPTER 165. 



AN ACT PROVIDING FOR AN ADDITIONAL APPROPRIATION FOR EXPENSES 

OF THE LEGISLATURE. 

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

165:1 Supplemental Appropriation. The sum of twenty-five thou- 
sand dollars is hereby appropriated for the fiscal year ending June 30, 
1959 for expenses of the legislature. This appropriation shall be in addi- 
tion to any other sums appropriated for the legislature, shall not lapse 
and shall not be transferred to any department, institution or account. 
The sum hereby appropriated shall be a charge on the general fund. 

165:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 25, 1959.] 
[Effective date June 25, 1959.] 



CHAPTER 166. 

AN ACT ESTABLISHING A DEPARTMENT OF COMMERCE. 

NOTE : In an opinion dated July 17, 1959, the supreme court held 
that this act was not constitutionally enacted in that a quorum was not 
present when the action thereon was taken in the Senate. 



CHAPTER 167. 



AN ACT RELATING TO THE CONFIDENTIAL NATURE OF ADOPTION RECORD 

AND PROCEEDINGS. 

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

167:1 Adoption Records. Amend paragraph IV of RSA 461:11 
(supp) as inserted by 1957, 197:1 by striking out said paragraph and 



182 Chapters 168, 169 [1959 

inserting in place thereof the following: IV. This section shall apply- 
to all records of adoptions decreed subsequent to January 1, 1947, 

167:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 25, 1959.] 
[Effective date August 24, 1959.] 



CHAPTER 168. 



AN ACT RELATIVE TO ALLOWANCES FOR MILEAGE FOR MEMBERS OF THE 
GENERAL COURT FROM CONCORD. 

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

168:1 Representatives from Concord. Amend RSA 14 by insert- 
ing after section 17 the following new section: 14:17-a Mileage Allow- 
ance. Notwithstanding the provisions of sections 15, 16 and 17 the 
mileage allowed members of the general court representing the city of 
Concord from wards 2 to 9, and attaches of the general court residing in 
wards 2 to 9 of the city of Concord, shall be based upon a distance of six 
miles for a one-way trip. Such provisions in the standard mileage table 
as set mileage distances for said wards 2 to 9 of the city of Concord are 
hereby repealed. 

168:2 Takes Effect. This act shall take effect as of January 7, 
1959. 

[Approved June 25, 1959.] 
[Effective date January 7, 1959.] 



CHAPTER 169. 

AN ACT RELATING TO FORMS AND RULES OF THE PROBATE COURTS. 

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

169:1 Change in Date for Uniform Forms. Amend 1957, 139:2 
by striking out the word and figures "July 1, 1959" in the last line of 
said section, and inserting in place thereof the word and figures, Janu- 
ary 1, 1960, so that said section as amended shall read as follows: 139:2 
Repeal. RSA 548:10 and 548:11, relating to forms and rules of the pro- 
bate courts and the revision thereof, are hereby repealed. On the passage 
of this act the present forms and rules of the several probate courts 



1959] Chapter 170 183 

shall and hereby are continued in effect until revised under the pro- 
visions of RSA 547:33, 34, 35; provided, however, that all probate forms 
and rules shall be uniform throughout the state from and after Janu- 
ary 1, 1960. 

169:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 25, 1959.] 
[Effective date June 25, 1959.] 



CHAPTER 170. 



AN ACT PROVIDING FOR LIEN FOR LABOR AND REPAIRS ON R.\DIO AND 
TELEVISION MACHINES. 

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

170:1 Lien Created. Amend RSA by inserting after chapter 451 
the following new chapter: 

Chapter 451- A 
Radio and Television Machine Liens 

451-A:1 For Work. Any person who maintains an establish- 
ment for repair on radio or television equipment who shall at his 
establishment or repair shop alter, repair or do any work on any such 
equipment at the request of the owner or legal possessor of such 
property, shall have a lien upon and may retain the possession of any 
such article until the charges for such alteration, repairing or other work 
have been paid. 

451-A:2 Sale to Satisfy. If such lien remains undischarged for 
a period of sixty days after work has been completed the lien holder may 
sell such article at private or public sale, and the proceeds, after first 
paying the expense of the sale, shall be applied in payment of the debt, 
the balance, if any, to be paid over to the county treasurer of the county 
where the sale is held, in trust for the debtor. 

451-A:3 Notice to Debtor. Before any such sale is held notice 
in writing of the amount due and the time and place of sale shall be 
given the debtor. If the debtor's residence is known such notice shall be 
mailed to him fourteen days before the sale. If the debtor's address is 
unknown such notice shall be given by posting the same in the county 
court house or the city, or town hall where the lien holder resides, thirty 
days before the sale. 



184 Chapters 171, 172 [1959 

170:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 25, 1959.] 
[Effective date August 24, 1959.] 



CHAPTER 171. 



AN ACT REPEALING CERTAIN PROVISIONS RELATIVE TO A HIGHWAY IN THE 

TOWN OF Stratford. 

Be it enacted by the Senate and House of Repres^ent^ttives in General 
Court convened: 

171:1 Change of Classification. Amend section 1 of chapter 31 of 
the Laws of 1955 by striking out the figure "I" in the fourth line and 
inserting in place thereof the figure, II, so that said section as amended 
shall read as follows: 1 Designation of Highway. The section of 
highway in the Stratford Hollow section of the town of Stratford lead- 
ing from No. 3 highway to Vermont State Line, shall be designated as a 
Class II highway. 

171:2 Repeal. Section 2 of chapter 31 of the Laws of 1955, rela- 
tive to regulation of a certain portion of highway in the town of Strat- 
ford is hereby repealed. 

171:3 Takes Effect. This act shall take effect upon its passage. 
[Approved June 25, 1959.] 
[Effective date June 25, 1959.] 



CHAPTER 172. 



AN ACT RELATIVE TO MEMBERSHIP ON THE COUNCIL ON RESOURCES AND 

DEVELOPMENT. 

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

172:1 Resources and Development. Amend RSA 162:1 (supp) as 
amended by 1957, 241 :1, by inserting after the word "agriculture" in the 
fifth and sixth lines the words, department of education, so that said 
section as amended shall read as follows: 162:1 Council Established. 
There shall be a council on resources and development consisting of dele- 
gates from each of the following state agencies chosen as hereinafter 
provided : Fish and game commission, planning and development commis- 
sion, forestry and recreation commission, water pollution commission, 



1959] Chapter 173 185 

water resources board, department of agriculture, department of edu- 
cation and department of public works and highways. Each delegate 
shall hold office for such term as the appointing authority shall designate. 
They shall serve without compensation but may be reimbursed for their 
reasonable expenses incurred in the performance of their duties. 

172:2 Department of Education. Amend RSA 162:4 (supp) as 
amended by 1957, 241:3, by inserting after the word "agriculture" in the 
third and fourth lines the words, commissioner of education, so that said 
section as amended shall read as follows: 162:4 Delegates Chosen. 
The fish and game commission, planning and development commission, 
water pollution commission, forestry and recreation commission, and the 
water resources board, commissioner of agriculture, commissioner of 
education and the commissioner of public works and highways shall each 
choose a delegate to sit upon the council heretofore established, as repre- 
senting his agency or department. Said delegate may be a member of the 
respective agency or department or may be an employee of the agency or 
department concerned. 

172:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 25, 1959.] 
[Eifective date August 24, 1959.] 



CHAPTER 173. 



AN ACT RELATIVE TO A BUILDING AND LOAN ASSOCIATION OR CO-OPERATIVE 

BANK CHANGING ITS NAME. 

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

173:1 Building and Loan Associations. Amend RSA 393:3 by 
striking out the same and inserting in place thereof the following: 
393:3 Name. The name assumed by the cori^oration shall indicate that 
it is a co-operative bank or building and loan association, and shall not 
be one that is in use by any other corporation. Said name may be changed 
by an affirmative vote of two-thirds or more of the votes cast at an 
annual or special meeting of said association called to consider such 
action and with the approval of the bank commissioner. Such change of 
name shall be recorded in the same manner as the original articles of 
incorporation. 

173 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 25, 1959.] 
[Effective date August 24, 1959.] 



186 Chapter 174 [1959 

CHAPTER 174. 

AN ACT MAKING TEMPORARY APPROPRIATIONS FOR THE EXPENSES OF 
THE STATE OF NEW HAMPSHIRE. 

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 the close of the fiscal year 1959, 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: 

174:1 Appropriation. There is hereby appropriated for the gen- 
eral expenses of the state government during the month of July, 1959', 
the sum of ten million one hundred seventy thousand dollars, or so much 
thereof as may be necessary, to be expended in the manner hereinafter 
provided, that is to say two million five hundred thousand dollars from 
general funds; five hundred fifty thousand dollars from special funds; 
one hundred twenty thousand dollars from fish and game funds; and 
seven 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 appropriation out of any 
money in the treasury not otherwise appropriated or, in the case of 
special funds, out of any such special funds. Such expenditures shall be 
a charge upon the respective appropriations to be made subsequently by 
the legislature for the fiscal year ending June 30, 1960. 

174:2 Expenditure of Funds. The expenditure of the funds pro- 
vided by section 1 hereof shall be made at the rate and in the manner 
set forth in the proposed budget as submitted to the 1959 legislature by 
the governor and the amount authorized to be expended during the 
month of July, 1959, shall be one-twelfth of the appropriations as con- 
tained in said proposed budget, unless otherwise authorized by the gov- 
ernor with the advice and consent of the council. 

174:3 Provisions of Law. The provisions of RSA 9 and the pro- 
visions of any other statute inconsistent with the provisions of sections 1 
and 2 are hereby suspended to the extent of such inconsistencies during 
the time said sections are in effect. 

174:4 Certain Departments. The provisions of sections 1, 2 and 3 
shall apply to the departments of planning and development and forestry 
and recreation. There is hereby appropriated for the general expenses of 
the milk control board during the month of July, 1959, the sum of fifteen 
hundred dollars, or so much thereof as may be necessary. 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 appropriation 



1959] Chapter 175 187 

out of any money in the treasury not otherwise appropriated. Such ex- 
penditures shall be a charge upon the appropriations of the milk con- 
trol board to be made subsequently by the legislature for the fiscal year 
ending June 30, 1960. 

174:5 Temporary Personnel. Notwithstanding chapter 238, Laws 
of 1957, provided funds are available, departments and institutions are 
authorized to employ temporary personnel until July 81, 1959. 

174:6 Takes Effect. This act shall take effect as of July 1, 1959 
and shall continue in effect until August 1, 1959, unless the appropriation 
acts for the ensuing biennium are sooner enacted in which event the 
appropriations herein provided shall thereupon lapse. 
[Approved July 2, 1959.] 
[Effective date July 1, 1959.] 



CHAPTER 175. 



AN ACT PROVIDING FOR A TEMPORARY APPROPRIATION OF THE 

LEGISLATURE. 

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

175:1 Appropriation. The sum of one hundred thousand dollars is 
hereby appropriated for the general expenses of the legislature during 
the month of July, 1959. The sum hereby appropriated shall be a charge 
upon the general fund. 

175:2 Additional Appropriation. The sum of one thousand one 
hundred dollars is hereby appropriated for the governor's legal counsel. 
The sum hereby appropriated shall be a charge upon the general funds. 

175:3 Takes Effect. This act shall take effect as of July 1, 1959 
and shall continue in effect until August 1, 1959, unless the appropriation 
acts for the ensuing biennium are sooner enacted in which event the 
appropriation herein provided shall be a charge upon the appropriation 
of the legislature for the fiscal year ending June 30, 1960. 
[Approved July 9, 1959.] 
[Effective date July 1, 1959.] 



188 Chapter 176 [1959 

CHAPTER 176. 

AN ACT RELATIVE TO GROUP LIFE INSURANCE LIMITS, MODEL DEFINITION. 

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

176:1 Group Life Insurance Limits. Amend paragraph (d) of 
RSA 408 : 15 (1) (supp) as amended by 1955, 79 by striking out said para- 
graph and inserting in place thereof the following: (d) The amounts 
of insurance under the policy must be based upon some plan precluding 
individual selection either by the employees or by the employer or 
trustees. No policy may be issued which provides insurance on any em- 
ployee which together with any other insurance under any group life 
insurance policy or policies issued to the employer or to the trustees of 
a fund established in whole or in part by the employer exceeds twenty 
thousand dollars, or one hundred fifty per cent of annual compensation, 
whichever is greater, but in no case more than sixty thousand dollars. 
Annual compensation may be determined in units of any amount not 
exceeding $1,000 each, and a fraction of any such unit may be treated 
as a full unit for purposes of determining annual compensation under 
this section. 

176:2 Amount. Amend RSA 408:15 (5) by adding after para- 
graph (d) the following new paragraph: (e) The amounts of insurance 
under the policy must be based upon some plan precluding individual 
selection either by the employees or by the members of the association. 
No policy may be issued which provides insurance on any employee which 
together with any other insurance under any group life insurance policy 
or policies issued to the association exceeds twenty thousand dollars or one 
hundred fifty per cent of annual compensation, whichever is greater, but 
in no case more than sixty thousand dollars. Annual compensation may be 
determined in units of any amount not exceeding $1,000 each, and a 
fraction of any such unit may be treated as a full unit for purposes of 
determining annual compensation under this section. 

176:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 9, 1959.] 
[Effective date September 7, 1959.] 



1959] Chapter 177 189 

CHAPTER 177. 

AN ACT RELATIVE TO AID TO THE NEEDY BLIND AND AID TO 
DEPENDENT CHILDREN. 

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

177:1 Aid to the Needy Blind. Amend paragi^aph (d) of RSA 
167:6 by inserting after the word "essential" in the fourth line the words, 
and has resided in the state continuously for one year immediately pre- 
ceding- his application for such aid, so that said paragraph as amended 
shall read as follows: (d) For the purposes hereof a person shall be 
eligible for aid to the needy blind who has no vision or whose vision with 
correcting glasses is so defective as to prevent the performance of 
ordinary activities for which eyesight is essential and has resided in the 
state continuously for one year immediately preceding his application for 
such aid. No person shall be eligible to receive such aid while receiving old 
age assistance or aid to dependent children. 

177:2 Aid to Dependent Children. Amend paragraph (e) of RSA 
167:6 (supp) as amended by 1957, 116:3 by striking out the word "a" 
in the third line and inserting in place thereof the word, of; by striking 
out the word "and" in the fourth line; and by inserting after the word 
"home" in the eighth line the words, and who has resided in the state 
continuously for one year immediately preceding his application for such 
aid or was born within one year immediately preceding said application 
and the parent or other qualified relative with whom he is living has re- 
sided in the state for one year immediately preceding the birth, so that 
said paragraph as amended shall read as follows : (e) For the purposes 
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 of parental 
support or care by reason of death, continued absence from the home, 
or physical or mental incapacity of a parent, who is living with his father, 
mother, grandfather, grandmother, brother, sister, stepfather, step- 
mother, 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, and who has resided in the state continuously for 
one year immediately preceding his application for such aid or was born 
within one year immediately preceding said application and the parent 
or other qualified relative with whom he is living has resided in the state 
for one year immediately preceding the birth. No person shall be eligible 
to receive such aid while receiving old age assistance. 

177:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 9, 1959.] 
[Effective date September 7, 1959.] 



190 Chapter 178 [1959 

CHAPTER 178. 

AN ACT RELATIVE TO THE CONSTRUCTION OF MULTIPLE APARTMENT 

HOUSING FACILITIES AT THE UNIVERSITY OF NEW HAMPSHIRE 

AND TO BE LIQUIDATED FROM INCOME. 

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

178:1 Appropriation. The sum of one million dollars is hereby 
appropriated for the purpose of constructing and equipping multiple 
apartment housing facilities at the University of New Hampshire. The 
appropriation hereby made and the sums made available for this project 
shall be expended by the trustees of the university under the direction 
of the governor and council. All contracts for the purchase of equipment 
and the construction of all or any part of said building shall be let (1) at 
public sealed bidding, (2) only after an advertisement calling for bids 
has been published at least once in each of two successive calendar weeks 
in a newspaper of general circulation in New Hampshire, the first publi- 
cation being not less than thirty days prior to the date the bids will be 
received, and (3) to the lowest responsible bidder. 

178:2 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 one million dollars. 

178:3 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 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 determine, may be registerable as to both 
principal and interest, shall be signed by the treasurer and countersigned 
by the governor and shall be deemed a pledge of the faith and credit of 
the state. The secretary of state shall keep an account of all such bonds 
showing the number and the amount of each, the time of counter- 
signing, the date of delivery to the state treasurer and the date of 
maturity. The state treasurer shall keep an account of each bond show- 
ing 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. 

178 :4 Short Term Notes. Prior to the issuance of the bonds here- 
under, the state treasurer, with the approval of the governor and coun- 



1959] Chapter 179 191 

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 one time shall the indebtedness of 
the state on such short term loans exceed the sum of one million dollars. 

178:5 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. 

178:6 Liquidation. The trustees of the university are authorized 
to maintain the housing facility 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 
housing facilities and for the payment of the annual interest on the 
state borrowing for the purposes of said section 1 and for the payment 
of installments of principal as the same become due until such time as 
all obligations incurred under the provisions of section 1 have been met 
and thereafter said property shall become a part of the university prop- 
erty. 

178:7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 9, 1959.] 
[Effective date September 7, 1959.] 



CHAPTER 179. 

AN ACT RELATING TO THE OPERATION OF MOTOR VEHICLES. 

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

179:1 Speed. Amend RSA 263 by inserting after section 57 the 
following new section: 263:57-a Exception. The speed limitations 
set forth in this subdivision shall not apply to vehicles when operated 
with due regard for safety under the direction of the law enforcement 
officers in the chase or apprehension of violators of the law or of persons 
charged with or suspected of any such violation, nor to fire department 
or lire patrol vehicles when traveling in response to a fire alarm, nor to 



192 Chapter 180 [1959 

public or private ambulances or other emergency vehicles when traveling 
in emergencies. This exemption shall not however protect the driver of 
any such vehicle from the consequences of a reckless disregard of the 
safety of others. 

179:2 Repeal. RSA 263:57, relating to exemptions, is hereby 
repealed. 

179 :3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 9, 1959.] 
[Effective date September 7, 1959. J 



CHAPTER 180. 



AN ACT RELATIVE TO TRESPASS ON PRIVATE PROPERTY AND AUTHORITY OF 
FISH AND GAME COMMISSIONER TO TEMPORARILY CLOSE AREAS 

TO FISHING. 

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

180:1 Trespass. Amend RSA 572 by adding after section 49 
thereof as inserted by 1955, 116:1 the following new section: 572:50 
Failure to Leave Property When Requested. Whenever any person with- 
out right found upon the land of another is requested by the owner, or 
his agent, or person in lawful possession, to leave said land, he shall im- 
mediately take exit and, upon failure to do so, shall be guilty of a mis- 
demeanor and shall be fined not more than fifty dollars. For the purposes 
of this section, any person who shall falsely represent that he is the true 
owner, or person in lawful possession, or shall falsely represent that he 
is an agent of the true owner, or person in lawful possession, shall be 
fined not more than fifty dollars. Nothing in this section shall prohibit 
the use of uncultivated land by hunters and fishermen for hunting and 
fishing unless their presence shall constitute foreseeable harm to the 
owner or property and unless said land is posted by order of the fish and 
game department in accordance with RSA 206:15-a. 

180:2 Authority of Director. Amend RSA 206 by adding after 
section 15 the following new section: 206:15-a Areas Closed Tempo- 
rarily to Hunting and Fishing. Notwithstanding the other provisions of 
this chapter, the director shall have the power and authority to close to 
hunting or fishing, or both, smy area in which there is in his opinion 
foreseeable harm to property or it is in his opinion dangerous to human 
life to hunt or fish thereon, and he shall have the power and authority 
to close any season for the taking of fish in any area for not over sixty 
days for stocking or conservation purposes and ninety days to reclaim 



1959] Chapter 181 193 

ponds in any calendar year when in his opinion such action shall be 
necessary for the protection or preservation of the fish in such area. 
Any rule, regulation or order of the director issued pursuant to this 
section shall take effect at such time as shall be stated therein and shall 
be given such publication as the director may in his discretion deem 
proper to fairly acquaint the residents of the locality affected thereby of 
the provisions thereof. 

180:3 Repeal. RSA 206:15, relating to areas closed temporarily to 
hunting, is hereby repealed. 

180:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 9, 1959.] 
[Effective date September 7, 1959.] 



CHAPTER 181. 

AN ACT RELATIVE TO HARNESS RACE RECEIPTS. 

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

181:1 Racing Fund. Amend paragraph (2) of RSA 284:2 (supp) 
as amended by 1957, 122 :3 by striking out the words "be held in the state 
treasury as a sinking fund as provided in RSA 6:24-a" in the seventh 
and eighth lines and inserting in place thereof the words, be covered at 
intervals of three months into the general funds of the state, so that 
said paragraph as amended shall read as follows: (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 established 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 covered at intervals of three months into the general 
funds of the state. 

181:2 Repeal. RSA 6:24-a as inserted by 1957, 122:4, creating a 
sinking fund for harness race receipts, is hereby repealed. 

181:3 Transfer of Sinking Fund Balance to General Fund. Any 

balance in the sinking fund for harness race receipts is hereby trans- 
ferred to the general funds of the state. 

181:4 Distribution to Agricultural Fairs. Amend RSA 284:23 
(supp) as amended by 1955, 74:2 and 1957, 122:2 by inserting after para- 
graph III the following new paragraph: Ill-a Noth withstanding any 



194 Chapter 182 [1959 

other provisions of this chapter the total amount to be expended for the 
promotion of agriculture as a distribution to agricultural fairs shall not 
exceed the sum of one hundred and fifty thousand dollars in any one 
year. Whenever the one-fourth of one per cent of the total contributions 
to all pari-mutuel pools conducted at any running horse race or running 
horse meet and conducted at any harness horse race or harness horse 
race meet, which under the provisions of paragraph I and II of this 
section are to be expended for the promotion of agriculture, shall ex- 
ceed one hundred and fifty thousand dollars in any one year, said excess 
shall be paid into the general funds of the state. 

181:5 Takes Effect. This act shall take effect upon its passage. 
[Approved July 9, 1959.] 
[Effective date July 9, 1959.] 



CHAPTER 182. 



AN ACT TO INCREASE THE FEE FOR TEACHERS' REGISTRATION WITH THE 
STATE BOARD OF EDUCATION. 

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

182:1 Application for Position of Teacher. Amend RSA 186:30 
by striking out the same and inserting in place thereof the following, 
so that said section as amended shall read as follows; 186:30 Regis- 
tration. Any person may file in the office of the state board an appli- 
cation for the position of teacher in the public schools of the state, and, 
when accompanied by a fee set by the state board to cover the cost of 
the service but not to exceed ten dollars together with such evidence of 
character, qualifications, education, and experience as the state board 
shall require, the application shall be registered, and the person shall be 
entitled to the benefits of the following sections ; provided, that such per- 
sons shall furnish the state board from time to time such material in- 
formation as it shall require, and failure to do so for the period of one 
year shall operate as a cancellation of registration. 

182:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 9, 1959.] 
[Effective date September 7, 1959.] 



1959] Chapters 183, 184 195 

CHAPTER 183. 

AN ACT EXEMPTING HOSPITALS, NURSING HOMES, ORPHANAGES AND 

HOMES FOR THE AGED FROM CERTAIN REQUIREMENTS 

RELATING TO SUNDAY WORK. 

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

183:1 Exceptions to Posting and Filing Schedule of Sunday Work. 

Amend RSA 275 by inserting after section 33 the following new section : 
275:33-a Application. The provisions of section 33 shall not apply to 
hospitals, nursing homes, orphanages and homes for the aged. 

183:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 10, 1959.] 
[Effective date September 8, 1959.] 



CHAPTER 184. 

AN ACT RELATIVE TO DEPUTY HEALTH OFFICERS FOR SEVERAL TOWNS. 

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

184:1 Enforcement of Public Health Laws. Amend RSA 128 by 
inserting after section 6 the following new section: 128:6-a Deputy 
Health Officer. In case where a health officer has been appointed under 
the provisions of section 6 for several towns, such officer may, subject to 
the approval of the selectmen of the several towns and the state board 
of health, appoint a deputy health officer or officers who shall be em- 
powered to enforce public health laws and regulations and make such 
sanitation investigations as said health officer may direct or as may be 
required by the state board. Said deputy health officer shall receive such 
compensation from each town as the selectmen thereof or the town shall 
fix. 

184:2 Takes Effect. This act shall take effect on its passage. 
[Approved July 10, 1959.] 
[Effective date July 10, 1959.] 



196 Chapters 185, 186 [1959 

CHAPTER 185. 

an act adopting the uniform reciprocal enforcement of 

Support Act. 

NOTE : This act was passed by the Senate at the same time as the 
so-called commerce bill, without a quorum being present, and under the 
opinion handed down July 17, 1959, the act was not constitutionally en- 
acted and never became law. 



CHAPTER 186. 

AN ACT ESTABLISHING THE STATE HISTORICAL COMMISSION. 

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

186:1 State Historical Commission. Amend RSA by inserting 
after chapter 227 the following new chapter: 

Chapter 227-A 

State Historical Commission 

227-A :1 Commission Established. There is hereby established 
the state historical commission composed of five members to be 
appointed by the governor with the advice of the council. The term of 
office of each of said members shall be five years, except that the first 
members to be appointed hereunder shall be appointed, one for five years, 
one for four years, one for three years, one for two years and one for one 
year. There shall be a chairman to be designated by the governor. Each 
member shall hold office until his successor is appointed and qualified. In 
case of a vacancy other than by expiration of the term the appointment 
shall be for the balance of the unexpired term. 

227-A :2 Compensation. The members of the commission shall 
serve without compensation, but shall be reimbursed their reasonable ex- 
penses incurred in the performance of their duties hereunder. 

227-A :3 Duties. It shall be the function and duty of the state 
historical commission to take such steps and to formulate such plans 
as will tend to preserve the state's heritage, improve the understanding 
of the public of such heritage and preserve public records of historical 
interest, historical documents and objects of historic value. The com- 
mission shall from time to time recommend legislation to the general 
court for the accomplishment of these objectives. 

227-A :4 Cooperation with Other Bodies. In the conduct of its 
afi'airs the commission may call for assistance and cooperation from the 



1959] Chapter 187 197 

adjutant general, the state library commission, the planning and de- 
velopment commission, the secretary of state, the forestry and recre- 
ation commission, the department of public works and highways and 
from any other department or agency of the state. The commission is 
authorized to cooperate with cities and towns in the state with respect to 
matters of historic interest, with agencies of the federal government and 
with private historical associations. 

186:2 Appropriation. There is hereby appropriated the sum of 
three hundred dollars for the use of the historical commission for the 
fiscal year ending June 30, 1960, and a like sum for the fiscal year end- 
ing June 30, 1961. The governor is authorized to draw his warrant for 
said sums upon any money in the treasury not otherwise appropriated. 

186:3 Takes Effect. This act shall take effect upon its passage. 
[Approved July 14, 1959.] 
[Effective date July 14, 1959.] 



CHAPTER 187. 



AN ACT RELATIVE TO DEFINITIONS, POWERS OF LABOR COMMISSIONER AND 
BENEFITS UNDER WORKMEN'S COMPENSATION LAW. 

Be it enact'ed by the Senate and House of Representatives in General 
Court convened: 

187:1 Workmen's Compensation. Amend paragraph I of RSA 
281:2 (supp) as amended by 1957, 187:1 by striking out the word "five" 
in the third line and inserting in place thereof the word, three, and by 
inserting after the word "state" in the seventh line the following: For 
the purpose of determining the number of persons employed, executive 
officers elected or appointed and empowered in accordance with the char- 
ter and by-laws of a corporation shall not be considered to be employees, 
except that such executive ofl^cers in excess of three shall be counted 
as employees, so that said paragraph as amended shall read as follows: 
I. Employer, means a person, partnership, association, corporation and 
the legal representative of a person, partnership, association or corpora- 
tion, who employs three or more persons, whether in one or more trades, 
businesses, professions or occupations, and whether in one or more loca- 
tions, except casual employees, farm labor and domestic service. In de- 
termining the number of persons employed there shall be included per- 
sons whose contract of employment was entered into outside the state, 
if they are actually employed on work in this state. For the purpose of 
determining the number of persons employed, executive officers elected 
or appointed and empowered in accordance with the charter and by- 
laws of a corporation shall not be considered to be employees, except that 



198 Chapter 187 [1959 

such executive officers in excess of three shall be counted as employees. 
Any other employer may elect to accept the provisions of this chapter in 
accordance with sections 3 and 7. 

187:2 Employee. Amend paragraph II of RSA 281:2 by striking 
out said paragraph and inserting in place thereof the following: 11. 
Employee, shall mean any person in the service of an employer subject 
to the provisions of this chapter under any contract of hire, express or 
implied, oral or written, except employees employed in fann labor or as 
domestic servants, and except railroad employees engaged in interstate 
commerce whose rights are governed by the Federal Employers' Liability 
Act. Executive officers elected or appointed and empowered in accordance 
with the charter and by-laws of a corporation subject to the provisions 
of this chapter shall be deemed to be employees of such corporation under 
this chapter, except as provided in paragraph I. 

187:3 Personal Injury. Amend paragraph III of RSA 281:2 
(supp) as amended by 1957, 187:2 by adding after the word ''sequelae" 
in the sixth line thereof the words, disability'' due to radioactive proper- 
ties or substances or exposure to ionizing radiation, so that said para- 
graph as amended shall read as follows: III. Personal injury, or in- 
jury as used in and covered by this chapter shall mean accidental injury 
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 the employment: Anthrax, lead poisoning or its sequelae, dermatitis 
venenata, diseases due to the inhalation of poisonous gases or fumes or 
their sequelae, disability due to radioactive properties or substances or 
exposure to ionizing radiation, and silicosis and other pulmonarj'' 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 treatment 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 
commencement of the employment, nor a disease the last injurious ex- 
posure to the hazards of which occurred prior to the effective date of 
this chapter. When silicosis and other pulmonary dust diseases or death 
therefrom occur within the above definition of "personal injury" or 
"injury," compensation shall be payable under the provisions of this 
chapter, provided, 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 
calendar month until the maximum allowed for other injuries under this 



1959] Chapter 187 199 

chapter is reached; (3) the total amount of benefit in case of death shall 
not exceed the balance remaining between the amounts paid for disability 
and the total compensation payable under this chapter. 

187:4 Presumption of Acceptance. Afnend RSA 281:12 by strik- 
ing out said section and inserting in place thereof the following: 281:12 
Employees Presumed to Have Accepted. An employee of an employer 
subject to this chapter shall be conclusively presumed to have accepted 
the provisions hereof and to have waived his rights of action at common 
law to recover damages for personal injuries against his employer. 

187:5 Liability of Third Person. Amend paragraph III of RSA 
281 :14 (supp) as amended by 1957, 187:6 by striking out said paragraph 
and inserting in place thereof the following: TIL 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 per- 
son shall be binding until approved by the labor commissioner, or, if an 
action has been brought, by the court in which such action is pending or 
to which the writ is returnable. The labor commissioner, or the court, 
as the case may be, shall make provisions for payment 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 ad- 
ministrator of his estate, neglects to exercise his right of action by fail- 
ing to proceed at law against such third person for a period of nine 
months after said injury, the employer maj^ so proceed and shall be sub- 
rogated to the rights of the injured employee or, in case of death, of 
such 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 em- 
ployee, 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 safeguarding the riglits 
of the employee, or, in case of death, the rights of the administrator of 
his estate, in such cases shall be the same as is provided for protecting 
the 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. 

187:6 Permanent Partial Disability. Amend RSA 281 by insert- 
ing after section 26 the following new section: 281:26-a Limitations. 
I. No Payments for permanent, partial disability under section 26 shall 
be due until agreements for same have been signed, and shall then be 
paid weekly from date of signing the agreements. 

II. In event of death of the injured employee during the period 
for which compensation is being paid for a permanent, partial disability 
under section 26, any payments already due him at the time of his death 



200 Chapter 187 [1959 

and then unpaid shall be paid to his dependents, direct, or to his legal 
representative if he left no dependents, but the liability of the employer 
for the payments of compensation not due at the time of the death of 
such employee shall cease and be abrogated by his death. 

III. In event of dispute as to actual healing period under section 
26 the same shall be determined b}^ the labor commissioner on the basis 
of competent medical evidence and said findings shall be final. 

187:7 Settlement. Amend RSA 281:33 by striking out said sec- 
tion and inserting in place thereof the following: 281:33 Lump Sum 
Payments. Lump sum settlements may be permitted w^hen the best in- 
terests of all concerned will be served thereby. Any such settlement must 
be approved by the labor commissioner, or in the event of an appeal, by 
the court in which such appeal is pending. Notice of such settlement by 
the court shall be forwarded to the labor commissioner by the clerk of 
the court on forms furnished by said commissioner. 

187:8 Labor Commissioner. Amend RSA 281:37 (supp) as 
amended by 1955, 98:10 by striking out the same and inserting in place 
thereof the following: 281:37 Hearings and Awards. If the compen- 
sation is not fixed by agreement, either party may petition for hearing 
and award in the premises to the labor commissioner, who shall set a 
time and place for hearing and give at least foui'teen days' notice thereof 
to the parties by giving notice in hand or by registered mail sent to their 
last known places of abode. At such hearing full consideration shall be 
given to all evidence which may be presented and within thirty days 
thereafter said commissioner shall render his decision and shall forth- 
with notify the parties thereof. Petition for hearing and award in the 
premises may be made by either party to the superior court, on appeal 
from an award made by the labor commissioner, the venue to be accord- 
ing to civil actions in personam between the same parties, and the court 
shall set a time and place for hearing and order at least fourteen days' 
notice thereof to the parties. Such petition shall be filed within sixty 
days of the date of said commissioner's award. At such hearing a full 
trial shall be had before a justice of the superior court, without jury, 
and within thirty days thereafter the court shall make its award setting 
forth its findings of fact and the law applicable thereto, and the clerk 
of court shall forthwith send to each of the parties and to the labor com- 
missioner copies of such award. The decision of said court shall be en- 
forceable in the same manner as an equity decree, and appeals from such 
decisions may be taken to the supreme court ; but in no case shall such an 
appeal suspend the operation of an award unless the court from which 
such appeal is taken, shall so order. 

187:9 Changes. Amend RSA 281:40 (supp) as amended by 1955, 
98:11 by striking out the same and inserting in place thereof the follow- 
ing: 281:40 Modification of Award; Effect. Upon application of any 



1959] Chapter 187 201 

party in interest upon the ground of change in the conditions, mistake as 
to nature or extent of injury or disability, fraud, undue influence or 
coercion, the labor commissioner, may, not later than one year after the 
date of the last payment of compensation fixed by the award, or the date 
of last medical or hospital treatment, resulting from the injury, the 
charges for which are payable under this chapter, review said award, 
and upon such review, may make an order ending, diminishing or in- 
creasing the compensation previously awarded, subject to the maximum 
or minimum provided in this chapter and shall state his reasons therefor. 
When application under this section is made for reduction of compensa- 
tion, or ending of same, the applicant must accompany such application 
with medical evidence that the injured employee is physically able to per- 
form his regular work, or able to engage in gainful employment. On the 
basis of such medical evidence the commissioner may authorize suspen- 
sion of further payments pending a hearing before him; otherwise com- 
pensation shall continue on the existing agreements until hearing and 
award is made by the commissioner. Such a review shall not affect such 
award as regards any money already paid. All procedure on such an 
application shall be the same as herein provided for original hearings. 
Appeal from the decision of the commissioner of labor to the superior 
court may be made in the same manner as provided in section 37. 

187:10 Repeal. RSA 281:43 relative to determinations of dis- 
puted matters by the superior court is hereby repealed. 

187:11 Second Injury Fund. Such parts of RSA 281:48 as pro- 
vide for payments into the second injury fund are hereby suspended for 
the period of July 1, 1959 to July 1, 1961. 

187:12 Compensation for Death. Amend the first paragraph of 
RSA 281:22 (supp) as amended by 1955, 98:3 and 1957, 187:10 by strik- 
ing out the word "thirty-seven" and inserting in place thereof the word, 
forty, and by striking out the words "twelve thousand six hundred and 
seventeen" where it occurs and inserting in place thereof the words, 
thirteen thousand six hundred and forty, 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 forty dollars per week unless the injured em- 
ployee'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 thirteen thou- 
sand six hundred and forty dollars. Any weekly payments made under 
sections 23, 25 or 26 shall be deducted from the total period of three 



202 Chapter 187 [1959 

hundred and forty-one weeks and the maximum of thirteen thousand 
six hundred and forty dollars. 

187:13 Increase in Amount. Amend RSA 281:23 (supp) as 
amended by 1955, 98:5 and 1957, 187:11 by striking out the word 
"thirty-seven" in the seventh line and inserting in place thereof the 
word, forty, so that said section as amended shall read as follows: 
281:23 Compensation for Temporary Total Disability. Where the in- 
jury causes total disability for work at any gainful occupation the em- 
ployer, 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 forty 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 compensation 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. 

187:14 Change in Amount. Amend RSA 281:30 (supp) as 
amended by 1955, 98:9 and 1957, 187:14, by striking out the word 
"thirty-seven" in the third line and inserting in place thereof the word, 
forty, and by striking out the words "twelve thousand six hundred and 
seventeen" in the fifth line and inserting in place thereof the words, 
thirteen thousand six hundred and forty, 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 forty dollars per week in amount, nor shall the 
total compensation exceed the sum of thirteen thousand six hundred and 
forty dollars, nor shall any payments, including medical, hospital serv- 
ices, 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 Takes Effect. Sections 1 and 2 of this act shall take effect 
on September 1, 1959. The remaining provisions of this act shall take 
effect July 15, 1959. 
[Approved July 15, 1959.] 
[Effective date: 

Sections 1 and 2 — September 1, 1959. 

Remaining provisions July 15, 1959.] 



1959] Chapters 188, 189 203 

CHAPTER 188. 

AN ACT PROVIDING FOR NOTIFICATION FROM THE COMMISSIONER OF LABOR 
OF THE RIGHT TO APPEAL FROM WAGE RATE DETERMINATIONS. 

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

188:1 Minimum Wages of Employees in Public Works. Amend 
RSA 280 by inserting after section 2 the following- new section: 

280:2-a Commissioner of Labor. At the same time the com- 
missioner notifies any organization of employees or employers and the 
mayor, manager or chairman of selectmen of the prevailing wage rate, 
as provided by section 2, lie shall notify them of the provisions of section 
3 relative to an appeal from his determination of the wage rate. 

188:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 16, 1959.] 
[Effective date September 14, 1959.] 



CHAPTER 189. 

AN ACT RELATIVE TO TAKING MUSKRAT. 

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

189:1 Fur-bearing Animals. Amend RSA 210:1 (supp) as 
amended by 1955, 65:1; 97:1, and 1957, 151:1 by striking out said section 
and inserting in place thereof the following : 

210:1 Otter, Mink, etc. Otter, mink, skunk and muskrat may be 
taken and possessed from October twentieth to February first in Coos, 
Carroll and Grafton counties. Otter, mink, skunk and muskrat may be 
taken and possessed from November first to March thirty-first in all 
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. 

189:2 Takes Etfect. This act shall take effect sixty days after its 
passage. 

[Approved July 16, 1959.] 
[Effective date September 14, 1959.] 



204 Chapter 190 [1959 

CHAPTER 190. 

AN ACT RELATIVE TO GROUP LIFE INSURANCE. 

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

190:1 Creditor-Debtor Insurance. Amend paragraph (2) of RSA 
408:15 by striking out said paragraph and inserting in place thereof the 
following: (2) A policy issued to a creditor or to the trustees of a fund 
established by one or more creditors, which creditor or trustees shall be 
deemed the policyholder, to insure debtors of the creditor or creditors, 
subject to the following requirements: 

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

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

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

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



1959] Chapter 190 205 

(e) The insurance shall be payable to the policyholder. Such pay- 
ment shall reduce or extinguish the unpaid indebtedness of the debtor to 
tlie extent of such payment. 

190:2 Credit Unions. Amend paragraph (6) of RSA 408:15 
(supp) as amended by 1955, 195:1 by striking- out said paragraph and 
inserting in place thereof the following: (6) A policy issued to a credit 
union or to the trustees of a fund established by one or more credit 
unions, which credit union or trustees shall be deemed the policyholder 
to insure members of such credit union or credit unions for the benefit 
of persons other than the credit union or credit unions or trustees or 
any of their officials, subject to the following requirements: 

(a) The members eligible for insurance shall be all of the mem- 
bers of the credit union or credit unions, or all of any class or classes 
thereof determined by conditions pertaining to membership in the credit 
union or credit unions. 

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

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

(d) The amounts of insurance under the policy must be based 
upon some plan precluding individual selection either by the members or 
by the credit union or credit unions. 

190 :.3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 17, 1959.] 
[Effective date September 15, 1959.] 



206 Chapter 191 L1959 

CHAPTER 191. 

AN ACT RELATING TO DEFAMATION BY RADIO OR TELEVISION. 

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

191:1 New Chapter. Amend RSA by inserting- after chapter 507 
the following new chapter : 

Chapter 507-A 

Defamation by Radio or Television 

507-A :1 Liability for Lack of Due Care. The owner, licensee or 
operator of a visual or sound radio broadcasting- station or network of 
stations, and the agents or employees of any such owner, licensee or 
operator, shall not be liable for any damages for any defamatory state- 
ment or matter published or uttered in or as a part of a visual or sound 
radio broadcast by one other than such owner, licensee or operator, or 
agent or employee thereof, unless it shall be alleged and proved by the 
complaining party that such owner, licensee or operator, or such agent 
or employee, has failed to exercise due care to prevent the publication or 
utterance of such statement or matter in such broadcast. Provided, how- 
ever, that a bona fide compliance with the laws of the United States of 
America, or any regulation thereunder shall be held to be the exercise of 
due care. 

507-A :2 No Liability for Uncontrolled Statements by Political 
Candidates. In no event, however, shall the owner, licensee, or operator 
of such a station or network of stations, or the agents or employees of 
any such owner, licensee or operator, be held liable for any damages for 
any defamatory statement or matter published or uttered over the facili- 
ties of such station or network of stations by or on behalf of any candi- 
date for public office, or whenever the owner, licensee or operator shall 
have no power of control or censorship over the substance of the broad- 
cast by reason of state or federal laws or regulations. 

507-A :3 No Liability for Uncontrolled Network Broadcasts. If 

any defamatory statement or matter is published or uttered in or as a 
part of a broadcast over the facilities of a network of visual or sound 
radio broadcasting stations, the owner, licensee or operator of any such 
station, or network of stations, and the agents or employees thereof, 
other than the owner, licensee or operator of the station, or network of 
stations originating such broadcasts, and the agents or employees there- 
of, shall in no event be liable for any damages for any such defamatory 
statement or matter, 

191 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 17, 1959.] 
[Effective date September 15, 1959.] 



1959] Chapter 192 207 

CHAI>TER 192. 

AN ACT REGULATING TRADING STAMP COMPANIES. 

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

192:1 New Chapter. Amend RSA by inserting after chapter 357 
the following new chapter: 

Chapter 357-A 

Trading Stamp Companies 

357-A :1 Definitions. As used in this chapter the following 
teiins shall have the following meanings: I. "Trading stamp" means 
any stamp or similar device issued in connection with the retail sale of 
merchandise or service, as a cash discount or for any other marketing 
purpose, which entitles the rightful holder, on its due presentation for 
redemption, to receive merchandise, service or cash. This term, however, 
shall not mean any redeemable device used by the manufacturer or 
packer of an ai'ticle in advertising or selling it, or any redeemable device 
issued and redeemed by a newspaper, magazine or other publication. 

II. "Trading stamp company" means any person engaged in 
distributing trading stamps for retail issuance by others, or in redeem- 
ing trading stamps for retailers, in any way or under any guise. 

III. "Person" means any individual, partnership, corporation, 
association or other organization. 

357-A :2 No Fraud or Lottery. No trading stamp company shall 
commit any fraud or shall make any false representation or shall resort 
to any lottery, in distributing or redeeming trading stamps in this state. 

357-A :3 Cash Value on Face of Stamps. No trading stamp com- 
pany shall distribute trading stamps in this state or shall redeem trading 
stamps hereafter issued therein unless (a) each stamp has legibly 
printed upon its face in cents or any fraction thereof a cash value de- 
termined by the company, and (b) the rightful holders may, at their 
option, redeem the stamps in cash when duly presented to the company 
for redemption in a number having an aggregate cash value of not less 
than fifty cents. 

357-A :4 Registration, Bond and Fee. No trading stamp com- 
pany shall distribute trading stamps in this state or redeem trading 
stamps hereafter issued therein until it has filed with the secretary of 
state on or before the effective date of this chapter, and annually there- 
after, on or before July 1, the following: 

I. A statement of registration accompanied by representative 
samples of its stamps, stamp collection books, stamp redemption cata- 



208 Chapter 192 [1959 

logues, and stamp distribution and redemption agreement forms, cur- 
rently used in this state. Each such statement shall provide: 

(1) The name and principal address of the company; 

(2) The state of its incorporation or origin; 

(3) The names and addresses of its principal officers, part- 
ners or proprietors; 

(4) The address of its principal office in this state; 

(5) The name and address of its principal officer, employee or 
agent therein; 

(6) The addresses of the places in this state where its 
stamps are redeemable ; 

(7) A short form of its balance sheet, as at the end of its 
last fiscal year prior to such filing, certified by an in- 
dependent public accountant ; and 

(8) Unless the principal sum of the bond hereinafter re- 
quired to be filed by the company is the maximum 
amount required, a statement of its gross income from 
its business in this state as a trading stamp company 
during such last fiscal year, certified by an independent 
public accountant. 

II. A bond payable to the secretary of state and duly executed 
by the trading stamp company and a corporate surety qualified to do 
business in this state, which is conditioned upon the performance by the 
company of its obligation to redeem trading stamps issued by retailers 
in this state when they are duly presented for redemption by the right- 
ful holders. Retailers in possession of trading stamps for issuance to 
their customers shall also be deemed rightful holders entitled to redemp- 
tion. The principal sum of the bond shall be as follows : If the company 
has not previously done business as a trading stamp company in this 
state, or if the company's gross income from such business in the state 
during its last fiscal year was not in excess of one hundred thousand 
dollars, ten thousand dollars; for each additional one hundred thousand 
dollars of gross income from business in this state or fraction thereof, 
an additional ten thousand dollars; but such bond shall not exceed one 
hundred thousand dollars. On the eff'ective date of each new bond, all 
liability on bonds previously filed shall terminate, and all rightful hold- 
ers of trading stamps who shall prosecute their claims hereunder shall 
prosecute such claims solely against the new bond and only by filing 
proofs of claim with the secretary of state in the manner hereinafter 
provided. 

III. A registration fee equal to one-half of one per cent of the 
face amount of the bond required under subsection II above but not in 
excess of two hundred fifty dollars payable to the secretary of state. The 
secretary shall retain such fees until he has accumulated a fund of two 
thousand dollars for his use in defraying any expenses which may be 



1959] Chapter 192 209 

incurred in administering- this chapter. This fund shall be reimbursed 
for such expenditures out of future registration fees, so that the secre- 
tary's fund shall maintain a level of two thousand dollars. All fees in 
excess thereof shall be paid by the secretary to the state treasurer for 
the use of the state. 

357-A:5 Procedure for Redemption. In the event a trading 
stamp company defaults in the performance of its obligation to redeem 
trading stamps, any rightful holder may file within three months after 
such default a complaint with the secretary of state. Upon the filing of 
any such complaint, the secretary of state shall forthwith make a de- 
termination whether there has been a default. If the secretary of state 
shall determine that there has been such a default, he shall give notice 
of such determination to the company and if such default is not corrected 
within ten days, he shall publish notice of such default in three con- 
secutive publications of one or more newspapers at least one of which 
has general circulation throughout this state, and therein require that 
proof of all claims for redemption of the trading stamps of the company 
shall be filed with him, together with the trading stamps upon which 
the claim is based, within three months after the date of the first such 
publication. The secretary of state promptly after the expiration of such 
period shall determine the validity of all claims so filed. Thereupon the 
secretary of state shall be paid by the surety such amount as shall be 
necessary to satisfy all valid claims so filed, together with reaonable 
administrative costs incident to the determination and payment of said 
claims, not exceeding in the aggregate, however, the principal sum of 
the bond. The secretary of state shall promptly thereafter make an 
equitable distribution of the proceeds of the bond, less such reasonable 
administrative costs, to such claimants and shall destroy the trading 
stamps so surrendered. 

357-A:6 Cessation of Business. No trading stamp company 
shall cease or suspend the redemption of trading stamps in this state 
without filing with the secretary of state at least ninety days prior 
written notice of its intention so to do and concurrently mailing a copy 
of such notice to each retailer within this state which has at any time 
theretofore within one year issued trading stamps which the company 
is obligated to redeem. 

357-A:7 Penalty and Injunction. Any trading stamp company 
violating any provision of this chapter shall be fined not more than one 
thousand dollars, and the superior court shall have jurisdiction in equity 
on the complaint of any interested person to restrain and enjoin the 
violation of any of said provisions. 

192:2 Takes Effect. This act shall take effect January 1, 1960. 
[Approved July 17, 1959.] 
[Effective date January 1, I960.] 



210 Chapters 193, 194 [1959 

CHAPTER 193. 

AN ACT TO RESTRICT POWER BOATING ON OTTER LAKE IN GREENFIELD. 

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

193:1 Restrictions on Boating. Amend RSA 486 by inserting' at 
the end thereof the following new section: 486:5 Otter Lake. On and 
after July 1, 1959, no person shall use or operate any motor boat or 
other boat equipped with an outboard motor at greater than trolling 
speed, except in case of emergency, or by special approval of the select- 
men, on the waters of Otter Lake in the town of Greenfield. Whoever 
violates the provisions of this section shall be fined not more than fifty 
dollars. Any fines collected hereunder shall be for the use of the town 
of Greenfield. 

193 :2 Takes Effect. This act shall take effect as of July 1, 1959. 
[Approved July 17, 1959.] 
[EflFective date July 1, 1959.] 



CHAPTER 194. 

AN ACT RELATIVE TO CLAMS. CLAM WORMS AND OYSTERS. 

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

194:1 Regulations. Amend RSA 211:62 (supp) as inserted 1957, 
251:1 and 1958, 1:1, by striking out the whole thereof and inserting in 
place thereof the following: 

211 : 62 Authority for Taking. The director of the fish and game 
department upon advice of the advisory committee on shore fisheries and 
the fish and game commission is authorized to make rules and regulations 
relative to the size, number and quantity limits for legal taking, open and 
closed seasons for legal taking, areas to be opened or closed to taking and 
the manner of taking clams, clam worms and oysters. Existing rules and 
regulations shall continue in effect until the effective date of new regula- 
tions promulgated in accordance with section 211:63. 

194:2 Licenses. Amend RSA 211 by inserting after section 62 
the following new section: 211:62-a Licenses for Taking. No person 
shall at any time take clams, clam worms or oysters unless he is a 
resident of the state and he has been duly licensed as provided in this 
section, provided that a resident in the state may take from any public 
tidal area which is not specifically posted to the contrary by the fish and 
game department, not over one quart of clam worms during any one day 



1959J Chapter 195 211 

for his own use without a license therefor and no rules or regulations 
shall be made by the director of the fish and game department inconsist- 
ent with this provision. Any resident of this state shall, upon application 
to the director of the fish and game department, be granted a license to 
take clams or clam worms or oysters upon payment of a fee of two 
dollars for either type license or four dollars for a combination of any 
two types of licenses or six dollars for a combination of all three types 
of licenses and such licenses shall be issued for the current calendar 
year. The director of the fish and game department shall make readily 
available such licenses as are covered by this statute through its regular 
outlets. 

194:3 Fish and Game Commission. Amend RSA 211:63 (supp) as 
amended by 1957, 251:1 by striking out said section and inserting in 
place thereof the following: 211 :63 Hearings as to. Such regulations 
shall become effective on an effective date specified by the director not 
less than thirty days following a public hearing before the fish and game 
commission. 

194:4 Revocation. Amend RSA 211:64 (supp) as inserted 1957, 
251:1 by striking out said section and inserting in place thereof the 
following: 261:64 Penalty. Whoever violates section 62-a hereof or 
any rule or regulation promulgated by the director as hereinbefore pro- 
vided relative to clams, clam worms and oysters, shall be fined not more 
than one hundred dollars and any license issued to him under this title 
may be revoked in the discretion of the director for a period not exceed- 
ing one year. 

194:5 Repeal. RSA 211:54 (supp) as amended by 1955, 308:3 
relative to oyster licenses is hereby repealed. 

194:6 Takes Effect. This act shall take effect upon its passage 
except that sections 2 and 5 shall become effective January 1, 1960. 
[Approved July 22, 1959.] 
[Effective date : 

Sections 2 and 5, January 1, 1960. 

Remainder of act, July 22, 1959.] 



CHAPTER 195. 

AN ACT RELATIVE TO PAYMENT OF COSTS IN COOPERATIVE SCHOOL DISTRICTS. 

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

195:1 Cooperative School Districts. Amend RSA 195:7 (supp) as 
amended by 1955, 334:9 by striking out said section and inserting in 



212 Chapter 196 [1959 

place thereof the following: 195:7 Costs of Capital Outlay and 
Operation. During the first five years after the formation of a coopera- 
tive school district each pre-existing district shall pay its share of all 
capital outlay costs and operational costs in accordance with either one 
of the following formula as determined by a majority vote of the co- 
operative district meeting: 

I. All such costs shall be apportioned on the basis of the ratio 
that the equalized valuation of each pre-existing district bears to that 
of the cooperative district; or 

II. One-half of all such costs shall be apportioned on the basis 
of the ratio that the equalized valuation of each pre-existing district 
bears to that of the cooperative district and one-half shall be appor- 
tioned on the average daily membership for the preceding year. 

195:2 Change in Apportionment. Amend RSA 195:8 (supp) as 
amended by 1955, 334:10 by striking out said section and inserting in 
place thereof the following: 195:8 Five- Year Period Reconsideration. 

At the expiration of the first five-year period and at the expiration of 
each subsequent five-j^ear period the basis for the apportionment of all 
such costs shall be subject to review, and the cooperative district may 
then by majority vote elect to apportion all such costs by the adoption of 
either formula I or formula II, as defined in section 7. 

195:3 Application. The provisions of this act shall apply to any 
cooperative district organized prior to the effective date hereof as well 
as to such districts hereafter organized. 

195:4 Takes Effect. This act shall take effect July 1, 1959. 
[Approved July 22, 1959.] 
[Effective date July 1, 1959.] 



CHAPTER 196. 

AN ACT RELATING TO THE KOREAN BONUS. 

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

196:1 Applications. Amend 1955, 286 by inserting after section 
8-a thereof as inserted 1957, 5 :4 the following new section : 8-b Exten- 
sion. Notwithstanding the provisions of section 8-a hereof applications 
for the Korean bonus may be received by the adjutant general at any 
time prior to December 31, 1960 and the adjutant general if he finds the 
applicant qualified shall certify to the state treasurer for payment and 
the treasurer shall pay the same. The payments authorized hereunder 
shall be a charge upon the balance of funds now held in the treasury as 
authorized by 1955, 286:5 as amended by 1957, 5:2. 



1959] Chapter 197 213 

196:2 Transfer of Balance. Anj^ balance after carrying out the 
provisions of section 1 shall be transferred to the general fund. 

196:3 Takes Effect. This act shall take effect upon its passage. 
[Approved July 22, 1959.] 
[Effective date July 22, 1959.] 



CHAPTER 197. 

AN ACT RELATING TO DEPOSITS OF PUBLIC FUNDS. 

Be it enact'Cd by the Senate and House of Representatives in General 
Court convened: 

197:1 County Funds. Amend RSA 29 by striking out sections 2 
and 3 thereof and inserting in place thereof the following: 29:2 Bank 
Deposits. The treasurer shall deposit all public funds in his custody in 
solvent banks within the state but the amount of collected funds on 
deposit in any one bank shall not at any time exceed the sum of its paid- 
up capital and surplus. 29:3 Excess Funds. Whenever the county 
treasurer has in his custody an excess of funds which are not immedi- 
ately needed for the purpose of expenditure he may, with the approval 
of the county commissioners and county executive committee, invest the 
same in short term obligations of the United States upon such terms as 
shall be approved by the county commissioners. 

197:2 City Funds. Amend RSA 48:16 by striking out said section 
and inserting in place thereof the following: 48:16 Deposit of City 
Funds. The city treasurer shall deposit all money belonging to the city 
in solvent banks in the state, except that funds may be deposited in 
banks outside the state if such banks pledge and deliver to the state 
treasurer as collateral security for such deposits United States govern- 
ment obligations in value at least equal to the amount of the deposit in 
each case. The amount of collected funds on deposit in anj^ one bank 
shall not at any time exceed the sum of its paid-up capital and surplus, 
except that a city with a population in excess of fifty thousand is author- 
ized to deposit funds in a solvent bank in excess of the sum of the paid- 
up capital and surplus of said bank. Whenever the city treasurer has in 
his custody an excess of funds which are not immediately needed for the 
purpose of expenditure he may, with the approval of the mayor and 
majority of the city council, invest the same in short term obligations 
of the United States upon such terms and conditions as shall be approved 
by the mayor and majority of the city council. 

197:3 Town Funds. Amend RSA 41:29 by striking out said sec- 
tion and inserting in place thereof the following: 41:29 Duties. The 
town treasurer shall have the custody of all moneys belonging to the 



214 Chapter 198 [1959 

town, and shall pay out the same onh^ upon orders of the selectmen. He 
shall deposit the same in solvent banks in the state, except that funds 
may be deposited in banks outside the state if such banks pledge and 
deliver to the state treasurer as collateral security for such deposits 
United States government obligations in value at least equal to the 
amount of the deposit in each case. The amount of collected funds on de- 
posit in any one bank shall not at any time exceed the sum of its paid- 
up capital and surplus. The town treasurer shall keep in suitable books 
provided for the pui-pose a fair and correct account of all sums received 
into and paid from the town treasury, and of all notes given by the 
town, with the particulars thereof. At the close of each fiscal year he 
shall make a report to the town, giving a particular account of all his 
financial transactions during the year. He shall furnish to the selectmen 
statements from his books, and submit his books and vouchers to them 
and to the town auditors for examination, whenever so requested. When- 
ever the town treasurer has in his custody an excess of funds which are 
not immediately needed for the purpose of expenditure, he may with the 
approval of the selectmen invest the same in short term obligations of 
the United States. 

197:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 22, 1959.] 
[Effective date September 20, 1959,] 



CHAPTER 198. 



AN ACT RELATIVE TO THE ELECTION OF DIRECTORS OF FIRE MUTUAL 

AID ASSOCIATIONS. 

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

198:1 Fire Mutual Aid Associations. Amend RSA 154:30-b 
(supp) as inserted by 1957, 277:1 by striking out said section and in- 
serting in place thereof the following: 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 de- 
partments within the designated area to join in the meeting bj^ giving 
similar notice to them. Each fire department shall send one delegate to 
the organization and subsequent meetings and shall be entitled to one 
vote in all proceedings. The delegate shall be the chief of each fire de- 
partment 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 



1959] Chapter 199 215 

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 formally 
established upon such recording. The organization meeting shall also 
elect a board of directors consisting of such number as they may de- 
termine. 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, pro- 
vided, that the organization meeting, or any subsequent meeting, may 
vote to elect its directors for varying terms. If a meeting shall so vote 
for the first election under said vote one director shall be elected 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 tenn of five years, and 
thereafter there shall be elected at each annual meeting one director for 
a term of five years and until his successor is elected and qualified. The 
directors shall 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 compen- 
sation of agents and other necessary personnel, who shall serve at their 
pleasure and have and exercise such powers and authority as they may 
delegate to them. 

198:2 Additional Powers. Amend RSA 154 by inserting after 
section 30-g (supp) as inserted by 1957, 277:1 the following new section: 
154;30-h Gifts. A district fire mutual aid system may receive, hold 
and use gifts, bequests and devises, either outright or in trust, for pur- 
poses consistent with this subdivision. 
[Approved July 22, 1959.] 
[Effective date September 20, 1959.] 



CHAPTER 199. 

AN ACT RELATING TO THE BANKING DEPARTMENT. 

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

199:1 Method of Appointment of Deputy. Amend PvSA 383:1 by 
striking out said section and inserting in place thereof the following: 
383:1 Commissioner and Deputy. There shall be a bank commissioner 
who shall be appointed by the governor with the advice and consent of 
the council, and his term shall be for six years or until his successor is 
appointed and qualified. There shall be a deputy bank commissioner who 
shall be recommended by the bank commissioner and appointed by the 
governor with the advice and consent of the council, and his term shall 
be six years. The deputy may exercise the powers and perform the duties 



216 Chapter 199 [1959 

of the commissioner during his absence whenever and to the extent that 
he may be so authorized by the commissioner. In case of the temporary 
disability of the commissioner, or of a vacancy in the office, the deputy 
shall have the powers and perform the duties of the commissioner until 
another commissioner is appointed and qualified. 

199:2 Assistant Commissioner, Amend RSA 383:5 by striking- 
out said section and inserting in place thereof tlie following: 883:5 
Assistant Bank Commissioner. There shall be an assistant bank com- 
missioner who shall be appointed by the commissioner. He shall serve at 
the pleasure of the commissioner and shall perform such duties as shall 
be assigned to him by the commissioner. The salary of the assistant com- 
missioner shall be as fixed by RSA 94:1. 

199:3 Present Deputy Commissioner for Building and Loan 
Associations. The deputy commissioner for building and loan associ- 
ations in office at the time of the passage of this act is hereby designated 
as assistant bank commissioner. 

199:4 Compensation, Amend RSA 94:1 (supp) as amended, by 
striking out the line "Deputy bank commissioner (building and loan), 
minimum $6500, maximum $7488" and inserting after the provision for 
the salaries of the assistant attorneys general the line, Assistant bank 
commissioner, minimum $6500, maximum $7488 ; provided however that 
nothing in this act shall be construed to reduce the salary of the deputy 
bank commissioner for building and loan associations in office at the time 
of the passage of this act who is designated as assistant bank com- 
missioner by section 3 of this act. 

199:5 Residence as Requirement. Amend RSA 383:6 by striking 
out said section and inserting in place thereof the following: 383:6 
Qualifications. No person who is not a resident of the state at the time 
of his appointment or who fails to become a resident of the state within 
one year after his appointment, and no person who is indebted to any 
corporation or association under the supervision of the commissioner, or 
who holds any stock or office in any such corporation or association, or 
who is engaged as principal or agent in the business of selling or 
negotiating in this state loans, stocks, or securities of any kind, or who 
is an officer or stockholder in any corporation engaged in such business, 
shall be eligible to hold or continue to hold the office of commissioner, 
deputy commissioner or assistant commissioner. 

199:6 Salaries. Amend RSA 383:7 by striking out the word 
"each" in the second line and inserting in place thereof the word, the, 
by striking out the words "deputy commissioners" in the sixth line and 
inserting in place thereof the words, deputy commissioner, assistant 
commissioner, and by striking out the figure "5" in the ninth line and 
inserting in place thereof the figure, 6, so that said section as amended 
shall read as follows: 383:7 Compensation; Assistants. The annual 



1959] Chapter 199 217 

salary of the bank commissioner, and that of the deputy commissioner, 
shall be that prescribed by RSA 94:1-4. The commissioner may appoint 
examiners and such clerical assistants as may be necessary, within the 
limits of the appropriations therefor and the regulations of the state 
personnel system. The commissioner, deputy commissioner, assistant 
commissioner, examiners, and other assistants shall be allowed their 
actual traveling expenses when engaged in their official duties. No per- 
son shall serve as examiner who would be disqualified to serve as com- 
missioner under the limitations of section 6. 

199:7 Additional Examinations. Amend RSA 383 by inserting 
after section 10 the following new section: 383:10-a Other Account- 
ants or Experts. Whenever he considers it necessary the commissioner 
may engage the services of outside accountants or other experts to per- 
form an audit or such further examination as he deems necessary. The 
compensation and expenses of such outside accountants or other experts 
shall be a charge against the examined institution and shall be paid 
directly by such institution. 

199:8 Administration of Oaths. Amend RSA 383:12 by inserting 
after the words "deputy commissioner" in the first line the words, assist- 
ant commissioner, so that said section as amended shall read as follows : 
383:12 Oaths. The commissioner, the deputy commissioner, assistant 
commissioner, or any of the examiners may summon and examine under 
oath by him administered any officer, agent, or servant of any such in- 
stitution or any other person in relation to the affairs and condition of 
the institution, 

199:9 Penalty. Amend RSA 383:16 by inserting after the words 
"deputy commissioner" in the first line the words, assistant commis- 
sioner, so that said section as amended shall read as follows: 383:16 
Irregularities. If the commissioner, deputy commissioner, assistant 
commissioner, or any examiner shall make a false statement of the condi- 
tion of any institution with the intent to deceive, or shall fail when ex- 
amining any institution to make a full and careful examination, he shall 
be fined not more than one thousand dollars, or imprisoned not more than 
five years. 

199:10 Takes Effect. This act shall take effect upon its passage. 
[Approved July 23, 1959.] 
[Effective date July 23, 1959.] 



218 . Chapters 200, 201 [1959 

CHAPTER 200. 

AN ACT RELATIVE TO THE CONSTRUCTION OF STATE ARMORIES. 

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

200:1 State Armories. Amend 1957, 70 by inserting after section 
1 the following- new section: 70:l-a Approval Required. Any balance 
of the appropriation provided for under 1957, 70:1, at the date of the 
passage of this act, may be expended for the construction of new state 
armories in any town provided the federal government contributes at least 
equally with the state in the cost of such construction and provided that 
before said funds are so expended the project and the location thereof 
shall be approved hy the governor and council. 

200 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 23, 1959.] 
[Effective date September 21, 1959.] 



CHAPTER 201. 



an act establishing the first light battery, new hampshire 

Volunteers. 

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

201:1 New Chapter. Amend RSA by inserting after chapter 113 
the following new chapter: 

Chapter 113- A 

First Light Battery, New Hampshire Volunteers 

113-A:1 First Light Batteiy. The adjutant general, acting 
under the direction of the governor as commander-in-chief of the militia, 
is hereby authorized to organize and establish a ceremonial military 
organization to be designated the First Light Battery, New Hampshire 
Volunteers, said organization to be deemed, for the purposes hereof, to be 
the lineal successor of the military organization of the same designation 
which served with honor and distinction in the Civil War. Upon 
establishment, such organization shall be a corporation, and as such shall 
have perpetual existence, the authority to hold property, real and per- 
sonal, and such other powers as are set forth hereinafter. 

113-A:2 Internal Organization. The adjutant general shall 
establish rules and regulations governing the internal organization and 



1959] Chapter 202 219 

membership in the First Light Battery, New Hampshire Volunteers ; and 
such rules and regulations may be altered and amended from time to 
time by the membership, with the approval of the adjutant general. 

113-A:3 Uniforms and Insignia. The First Light Battery, New 
Hampshire Volunteers, may adopt and use as its own such of the insignia, 
uniforms, flags, banners, arms and accouterments, and the traditional 
forms and ceremonies, of its lineal predecessor as designated in section 1 
hereof, as shall be deemed appropriate; and the adjutant general is here- 
by authorized to place in the custody of said battery, under appropriate 
restrictions as to use, storage and preservation, authentic relics of the 
Civil War period owned by the state, including, but not limited to, small 
arms and artillery pieces. The First Light Battery, New Hampshire Vol- 
unteers, is authorized to accept, from any sources whatsoever, gifts and 
contributions of funds and articles of personal property, whether out- 
right or in trust, and may execute, with the approval of the adjutant 
general, instruments necessary to carry out the purposes of any gifts 
made in trust. 

113-A:4 Drills and Ceremonies. The First Light Battery, New 
Hampshire Volunteers, may conduct and participate in drills, ceremonies 
and parades both within the state and elsewhere. It may be authorized 
by the governor Oifficially to represent the state in any place and for any 
purpose consistent with the nature of the organization. 

201 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 23, 1959.] 
[Effective date September 21, 1959.] 



CHAPTER 202. 

AN ACT RELATIVE TO DUTIES OF DEPUTY LABOR COMMISSIONER. 

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

202:1 Deputy Labor Commissioner. Amend RSA 273:7 (supp) 
as amended by 1955, 323:2 by striking out said section and inserting in 
place thereof the following : 273:7 Deputy Commissioner. The com- 
missioner shall appoint a deputy labor commissioner. Said deputy shall 
exercise the powers and perform the duties of the commissioner whenever 
the labor commissioner is incapacitated, absent, unable to act from any 
cause, or whenever the commissioner deems it advisable and in the inter- 
est of all parties concerned. Whenever there is a vacancy in the office of 
labor commissioner the deputy shall have the powers and duties of the 
commissioner until another commissioner is appointed and qualified. 



220 Chapter 203 [1959 

202:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 23, 1959.] 
[Effective date September 21, 1959.] 



CHAPTER 203. 



AN ACT MAKING TEMPORARY APPROPRIATIONS FOR THE EXPENSES AND 
ENCUMBRANCES OF THE STATE OF NEW HAMPSHIRE. 

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

203:1 Temporary Appropriations. Amend chapter 174:1, Laws of 
1959 by striking out said section and inserting in place thereof the follow- 
ing: 174:1 Appropriation. There is hereby appropriated for the gen- 
eral expenses and encumbrances of the state government during the 
month of July, 1959, the sum of twenty-one million three hundred seventy 
thousand dollars, or so much thereof as may be necessary, to be ex- 
pended and encumbered in the manner hereinafter provided, that is to 
say six million dollars from general funds; one million two hundred 
thousand dollars from special funds; one hundred seventy thousand 
dollars from fish and game funds; and fourteen 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. The director of the division of accounts is authorized, as 
provided by RSA 8:13, to maintain a system of encumbrance accounting 
to control expenditures and commitments within the amounts appro- 
priated in this section. Such expenditures and encumbrances shall be a 
charge upon the respective appropriations to be made subsequently by the 
legislature for the fiscal year ending June 30, 1960. 

203:2 Expenditure and Encumbrance of Funds, Amend chapter 
174:2, Laws of 1959, by striking out said section and inserting in place 
thereof the following: 174:2 Expenditure and Encumbrance of Funds. 

The expenditure and encumbrance of the funds provided by section 1 
hereof shall be made at the rate and in the manner set forth in the pro- 
posed budget as submitted to the 1959 legislature by the governor, un- 
less otherwise authorized by the governor with the advice and consent 
of the council. 

203:3 Takes Effect. This act shall take effect upon its passage. 
[Approved July 28, 1959.] 
[Effective date July 28, 1959.] 



1959] Chapter 204 221 

CHAPTER 204. 

AN ACT TO REPEAL CHARTERS OF CERTAIN CORPORATIONS. 

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

204:1 Charters Repealed. The charter or certificate of incorpo- 
ration of each of the following named corporations is hereby repealed, re- 
voked and annulled except as otherwise here specified : 

A & S Shoe Corporation (Manchester, 1955) 

Abactor Corporation, The (Marlow, 1955) 

Acme Structural Steel of New Hampshire, Inc. (Nashua, 1957) 

Acres Corporation (Portsmouth, 1956) 

Adam Electronic of N. H., Inc. (Claremont, 1953) 

Adams, George, Crane Service, Inc. (Manchester, 1956) 

Alamac, Inc. (Bethlehem, 1952) 

Albert Theater Company (Berlin, 1928) 

Aldrich Company, Inc., The (formerly South Tamworth Indus- 
tries, Inc., Tamworth, Sandwich, 1921) 

Alger Corporation (Nashua, 1947) 

Allen Pontiac, Inc. (Nashua, 1955) 

Allen-Zall, Inc. (Nashua, 1953) 

Allied Services, Inc. (Exeter, 1953) 

Alma Motor Sales, Inc. (Berlin, 1956) 

Alpine Clearing Corporation (Gorham, 1957) 

Anesthesia & Diagnostic Instrument Corporation (Bartlett, 1955) 

Appliance Sales & Service Co. Inc. (Manchester, 1950) 

Arcidy Poultry Co. Inc. (Londonderry, 1954) 

Arrowhead Association, Inc. (Bethlehem, 1956) 

Asbestos Products Companj^ (Exeter, 1927) 

Associated Homes, Inc. (Nashua, 1957) 

Augustine Company, Inc., The (formerly Valley Publishing 
Company, Inc., West Lebanon, 1952) 

Automobile Owners Association of Concord, New Hampshire, Inc. 
(Concord, 1957) 

B & B Food Shop, Inc. (Manchester, 1950) 

Bailey, Arnold, Industries, Inc. (Manchester, 1955) 

Barberson, Inc. (Portsmouth, 1954) 

Barjac, Inc. (Keene, 1947) 

Barnard Motor Company, Inc. (Laconia, 1956) 

Barr Realty Company, Inc. (Seabrook, 1955) 

Barrington Pipe Line Construction Co., Inc. (East Barrington, 
1957) 

Bean, Ralph W., Inc. (Hampton, 1956) 

Beauchart Realty Corp. (Nashua, 1955) 

Beaupre Motor Sales, Inc. (Rochester, 1947) 



222 Chapter 204 [1959 

Beech Hill Products, Inc. (Hopkinton, 1956) 

Beecher and Poirier, Inc. (Manchester, 1955) 

Bell Enterprises, Inc. (Plymouth, 1951) 

Bellows Falls Packing Co., Inc. (Walpole, 1950) 

Belmar Realty Corporation (Tilton, 1954) 

Berlin City Cab, Inc. (Berlin, 1950) 

Bernie's Restaurant, Inc. (Manchester, 1956) 

Better Business Service, Inc. (Northfield, 1956) 

Bindings & Trimmings, Inc. (formerly Novelty tex Fabric Co. 

Inc., Manchester, 1947) 
Bloc Corporation, The (Atkinson, 1957) 
L. Bossie-R. Briand, Inc. (Nashua, 1955) 
Bourassa Brothers, Inc. (Manchester, 1949) 
Bourque Shoe Co., Inc. (Raymond, 1946) 
Briar Pipes, Inc. (Penacook, 1955) 
Brockelman's of Manchester, Inc. (Manchester, 1954) 
Brook Farm Foods, Inc. (formerly Merrimack Valley Products, 

Inc., Manchester, 1951) 
Brook Farm Foods Incorporated (Manchester, 1956) 
Brookhaven Cottages, Inc. (Spofford, 1957) 
Brosnahan Realty Company, Inc. (Keene, 1955) 
Bud's Service Center, Inc. (Dunbarton, 1956) 
Bump Transportation, Inc. (Goffstown, 1953) 
Bunk Beds, Inc. (Suncook, 1956) 
Burtron, Inc. (Dover, 1945) 

C & K Poultry Co., Inc. (Hampstead, 1952) 

Camp Eagle Point, Inc. (Rumney, 1956) 

Camp Jewell, Inc. (West Swanzey, 1927) 

Camp Kuwiyan, Inc. (Alton, 1923) 

Camp Marienfeld, Inc. (Harrisville, 1948) 

Carpenter Hotel Company (Manchester, 1922) 

Carroll County Finance Co., Inc. (Wolfeboro, 1-953) 

Carroll County Service Company, Inc. (North Conway, 1945) 

Cash Agency, Inc., The (Manchester, 1956) 

Castalia Realty, Inc. (formerly Hanover Street Laundry Company 
and The Hanover St. Laundry and Dry Cleaning Co., Manches- 
ter, 1911) 

Ceco, Inc. (Nashua, 1957) 

Central Market, Incorporated (Keene, 1937) 

Central Mortgage and Bond Corporation (Concord, 1931) 

Champion Peat Moss Co., Inc. (Amherst, 1955) 

Charron, C. N., Sash & Door Corp. (Concord, 1945) 

Charron Realty Corporation (Concord, 1950) 

Charter Realty Inc. (Laconia, 1953) 

Chemelex Corporation (Niskayuna, N. Y., 1953. Formerly Keene) 



1959] Chapter 204 



909 



Chestnut Auto Co., Inc. (Manchester, 1954) 

Chiovitti Enterprises, Inc. (Keene, 1954) 

Christie, Andrew, Inc. (Kingston, 1957) 

Christie Poultry Farms, Inc. (Kingston, 1946) 

Christy's Candies, Inc. (Manchester, 1954) 

Claremont Municipal Bus Line, Incorporated (Claremont, 1945) 

Claremont Shoe Corporation (Claremont, 1952) 

Clarke, S. J. & Son, Inc. (Claremont, 1956) 

Clevelands Corporation (Concord, 1956) 

Clinton Engineering, Inc. (Antrim, 1957) 

Clukay Pharmacy, Inc., The (Peterborough, 1956) 

Coastal Pvealty, Inc. (Portsmouth, 1953) 

Cobb-Canfield Corporation, The (Keene, 1953) 

Cobble Hill Garage, Inc. (West Swanzey, 1956) 

Coffee Break, Inc. (Manchester, 1956) 

Colonial Flower Shop, Inc. (Raymond, 1956) 

Colton Insurance Agency, Inc. (Hinsdale, 1952) 

Community Pontiac, Inc. (Berlin, 1956) 

Concord Bargain Mart, Inc. (formerly Concord Bargain Outlet, 
Inc., Concord, 1955) 

Concord Cable Corporation (formerly New England Cable Com- 
pany, Concord, 1916) 
Conservation, Incorporated (Concord, 1909) 
Consumers' Mart, Inc. (Manchester, 1953) 
Continental Research & Development Corporation (Manchester 

1955) 
Contoocook Garage, Inc. (Contoocook, 1935) 
Cooper, Dan, Inc. (Concord, 1951) 
Cosy's Tea Room, Inc. (Manchester, 1956) 
Crystal Real Estate, Inc. (Concord, 1954) 
Cyr Homes, Inc. (Manchester, 1957) 
D & D Inc. (Chelmsford, Mass., 1954) 
D & M Corporation (Plymouth, 1955) 
D. K., Inc. (formerly Mowglis, Inc., Hebron, 1953) 
Dairy Freeze, Inc. (Nashua, 1955) 
Dalton Homes, Inc. (New Ipswich, 1956) 
Danson, Inc. (Dover, 1955) 
Darien Realty Corp. (Portsmouth, 1957) 
Dartmouth Box & Lumber Co. Inc. (Lebanon, 1954) 
Davidoff- Windsor Creations, Inc. (Portsmouth. 1956) 
Davidson's Youth Corner, Inc. (Nashua, 1955) 
Davis and Williams Construction, Inc. (Portsmouth, 1956) 
Deferred Compensation Plans, Inc. (Manchester, 1956) 
DeMasse Enterprises Inc. (Hanover, 1955) 
Derry Frosted Foods, Inc. (Derry, 1953) 



224 Chapter 204 [1959 

Derry Industrial Development Corporation (Derry, 1951) 

Derryfield Motors, Inc. (Manchester, 1950) 

Device Research Corporation (Exeter, 1950) 

Distil- Wood Corp. (Nashua, 1955) 

Donald Buick, Inc. (Nashua, 1955) 

Don's Trucking Service, Inc. (Manchester, 1956) 

Douglas Toy Company, Inc. (Keene, 1949) 

Dover Atlantic Service Station, Inc. (Dover, 1956) 

Durham Sales, Inc. (Dover, 1956) 

Eastern States Artesian Well Corporation (Tilton, 1950) 

Eaton Appliance Corporation (Salem Depot, 1947) 

Egg & Chick Co., Inc. (Derry, 1953) 

Electro Sound Corporation (Salem, 1951) 

Elk Spring Beverages, Inc. (Dover, 1947) 

Erna, Inc. (Manchester, 1956) 

Erwins Market Inc. (Keene, 1946) 

Exeter Investment Corporation (Exeter, 1952) 

Exporters Equipment and Supply Co., Inc. (Manchester, 1949) 

Factory Furniture Outlet Inc. (Manchester, 1953) 

Falcon SigTial Company of New England, Inc. (Meredith, 1957) 

Farm Implements, Inc. (Pittsfield, 1952) 

Farm Kitchen, Inc., The (Hooksett, 1956) 

Faulkner Corporation, The (Bristol, 1955) 

Feldspar Mines, Inc. (formerly PCG, Inc., Keene, 1946) 

Fern Mfg. Co., Inc. (Manchester, 1956) 

Ferry Shores Homes, Inc. (Winnipesaukee, 1955) 

Fiberglass Development Corporation (Goffstown, 1956) 

First New Hampshire Corporation, The (Concord, 1952) 

Fish Net, Inc., The (Manchester, 1955) 

Flanders Fish Market, Inc. (Concord, 1946) 

Flex Footwear, Inc. (Manchester, 1956) 

Fownes Lumber Co., Inc. (Rochester, 1952) 

FrankHn Hosiery Mills, Inc. (Franklin, 1954) 

Fra-Nor, Inc. (Hudson, 1956) 

Frontenac Area, Inc. (Plymouth, 1946) 

Fullam, Thomas P., Agency, Inc. (Manchester, 1954) 

G & R Food Specialists, Inc. (Nashua, 1957) 

Gagnon's Lake Street Auto Body, Inc. (Nashua, 1956) 

Gale Motor Co. Inc. (Manchester, 1948) 

Gardner's, Inc. (formerly Gardner Hardware, Incorporated and 

Gardner Gift Corridor, Inc., Concord, 1946) 
Gary Mfg. Corp. (Manchester, 1956) 
Gary Shoe Corporation (Pittsfield, 1956) 
Gate City Cleaners, Inc. (Nashua, 1955) 



1959] Chapter 204 225 

Gate City Roofing and Siding Company, Incorporated (Nashua, 

1952) 
General Amusement, Incorporated (Gorham, 1928) 
General Products, Inc. (Exeter, 1954) 
General Prosthetic Laboratory, Inc. (Dover, 1950) 
Gilbert Corporation (Manchester, 1956) 
Gillion Construction Co., Inc. (Manchester, 1957) 
Glenn Scott Kitchens, Inc. (Salem, 1957) 
Good Earth Restaurant, Inc. (Manchester, 1954) 
Gosselin, Arthur G., Co., Inc. (Manchester, 1934) 
Grady Refrigeration Service, Inc. (Dover, 1945) 
Graham Motor Company, Inc. (Claremont, 1947) 
Grandview, Inc. (Manchester, 1948) 

Granite Bay Machine Corporation (South Hampton, 1956) 
Granite State Associates, Inc. (Nashua, 1955) 
Granite State Maytag Corporation (Manchester, 1956) 
Granite State Maytag, Incorporated (Manchester, 1927) 
Great Bay Realty Co., Inc. (Newington, 1956) 
Greeley, Horace, Highway Restaurant, Inc. (Amherst, 1955) 
Grocers' Service Association, Inc. (Manchester, 1929) 
Groveton Heights Land & Building Co., The (Groveton, 1897) 
Guthy, Charles, Construction Co., Inc. (Suncook, 1956) 
H & H Buick, Inc. (Peterborough, 1955) 
H «& H Operating Corp. (Bethlehem, 1952) 
Hampstead Construction Co., Inc. (Hampstead, 1956) 
Hanover Aqueduct Association (Hanover, 1820) 
Hanover-Norwich Council of Girl Scouts, Inc. (Hanover, 1950) 
Hart Spinning Mill, Inc. (Nashua, 1954) 
Hartshorn, Frank, Company (Milford, 1910) 
Haseltine Brothers, Inc. (Reed's Ferry, 1946) 
Hastings Motor Sales, Inc. (Manchester, 1956) 
Hawthorne Lodge, Inc. (Rumney, 1956) 
Herbagere of N. H., Inc. (Walpole, 1955) 
Hexagon, Inc. (Portsmouth, 1957) 
Hillsboro Cleaners, Incorporated (Hillsborough, 1956) 
Hillsboro Food Bank, Inc. (Hillsborough, 1943) 
Hillsboro Theatre Co. (Hillsboro, 1940) 
Hillsboro Wood Products Company, Incorporated (Hillsborough. 

1957) 
Hillsborough Finance Company of Dover, Inc. (Dover, 1955) 
Hillsborough Finance Company of Exeter, Inc. (Exeter, 1955) 
Hillsborough Finance Company of Laconia, Inc. (Laconia, 1955) 

(formerly Hillsborough Finance Company of Derry, Inc., 

Derry) 
Hillsborough Finance Company of Nashua, Inc. (Nashua, 1955) 



226 Chapter 204 [1959 

Hillsborough Finance Company of Portsmouth, Inc (Ports- 
mouth, 1955) 

Hillsborough Finance Company of Rochester, Inc. (Rochester, 
1956) 

Hillsborough Investment Corporation of Dover (Dover, 1955) 

Hillsborough Investment Corporation of Exeter (Exeter, 1955) 

Hillsborough Investment Corporation of Nashua (Nashua, 1955) 

Hillsborough Investment Corporation of Portsmouth (Ports- 
mouth, 1955) 

Hillsborough Investment Corporation of Rochester (Rochester, 
1955) 

Hillwinds, Inc., The (Franconia, 1940) 

Hiltz, Robert M., Inc. (formerly Hiltz Brothers, Incorporated, 
Woodstock, 1947) 

Hobbies, Inc. (Nashua, 1956) 

Hodge, J., Company, Inc. (Manchester, 1944) 

Holly Shoe Company (Littleton, 1920) 

Home Fire Detector Co., Inc. The (Nashua, 1955) 

Hopbinton Realty, Inc. (Hopkinton, 1951) 

Home, F W., Company, Incorporated (Concord, 1951) 

Horn's Dairy, Inc. (Belmont, 1950) 

Hotel Cadillac, Inc. (Manchester, 1956) 

Howe Motor Company, Inc. (Claremont, 1939) 

Hoyt, D. W. Inc. (Madbury, 1951) 

I.B.S. Hosiery Company, Inc., The (Lakeport, 1931) (formerly 
G & H Hosiery Company, Inc., Tilton) 

I. & D. Service Co., Inc. (Claremont, 1956) 

Ideal Poultry Farm, Inc. (Manchester, 1955) 

Incentive Management Inc. (Laconia, 1956) 

Industrial Caterers, Inc. (Manchester, 1951) 

Inter-Lakes Properties Corporation (Moultonboro, 1956) 

Interstate Motor Sales, Inc. (Rochester, 1955) 

Investors Associates, Inc. (Nashua, 1955) 

Irwin Motor Company, Inc. (Claremont, 1953) 

J. & W. Homes, Inc., The (Hampstead, 1956) 

Jeanloch Realty Co., Inc. (Nashua, 1954) 

Joe's Television, Inc. (Hinsdale, 1956) 

Jones Auto Co., Inc. (Bristol, 1949) 

Kalee Hatching Co., Inc. (Derry, 1953) 

Keaney Lumber Corporation (Exeter, 1947) 

Keene Girl Scouts, Incorporated (formerly Keene Girl Scout 
Council, Keene, 1948) 

Keene Grinders, Inc. (Keene, 1951) 

Keene Special Machinery Co., Inc. (Keene, 1955) 

Kelley Oil Company, Inc. (Nashua, 1950) 



1959] Chapter 204 V27 

Kelley Tank and Steel Corporation (Littleton, 1954) 

Kempton Realty Corporation (Concord, 1947) 

Kennedy, Ken, Inc. (Keene, 1955) 

Kiddie Korner, Inc., The (Keene, 1952) 

Kimel Shoe Corporation (Newport, 1934) 

I^wanis Club of Nashua, N. H. (Nashua, 1943) 

Kneeland-Page Corporation (Manchester, 1949) 

L.C.D., Inc. (Keene, 1956) 

L S Motor Sales, Inc. (Nashua, 1953) 

Laconia Tire Corporation (Laconia, 1954) 

Ladd Hill Meats, Inc. (Tilton, 1954) 

Lakeland Distributing" Co., Inc. (Laconia, 1955) 

Lakeland Steel Prefabs, Inc. (Laconia, 1956) 

Lakes Region Motor Company, Inc. (Wolfeboro, 1944) 

Lakeshore Enterprises, Inc. (Laconia, 1956) 

Lancer Products of New England Incorporated (Franconia, 

1957) 
Langlois Lumber Co., Inc. (Berlin, 1955) 
La Verne, Inc. (Salisbury, 1955) 
Lawrence Live Poultry Sales Corp. (Derry, 1952) 
Lawrence Plycraft, Inc. (Manchester, 1951) 
Lazzaro Realty Co., Inc. (Laconia, 1955) 
Leager Manufacturing Company, Inc. (Claremont, 1953) 
Leaver Bros. Inc. (Lowell, Mass. and Nashua, 1946) 
LeClaire Motor Sales, Inc. (Newmarket, 1951) 
Lee Motors, Inc. (formerly McQuade Motors, Inc., Lowell, Mass., 

1953) 
Lewis Motor Co., Inc., The (Lebanon, 1936) 
Lincoln Park Realty Corp. (Nashua, 1955) 
Lion Construction Co., Inc. (Manchester, 1955) 
Lionel Consti'uction Company, Incorporated (Manchester, 1956) 
Lisbon Company Incorporated (Lisbon, 1932) 
Lisbon Theatres, Inc. (Lisbon, 1930) 
Little Bo-Peep Nursery, Inc. (Keene, 1956) 
Little River Poultry FaiTn, Inc. (Kingston, 1956) 
Littleton Shoe Co. Inc. (Littleton, 1952) 
Louis Lumber Co., Inc. (Cole^^rook, 1954) 
Love joy & Hills, Inc. (Nashua, 1953) 
Lovell Industries, Inc. (Washington, 1956) 
Lunder Shoe Corporation (Dover, 1941) 
Lurvey's Garage, Inc. (Berlin, 1952) 
Lynn Tire Co., Inc. (Keene, 1947) 
M & B Enterprises, Inc. (Nashua, 1956) 
Mammoth Meat Packing Corporation (Manchester, 1957) 
Manchester Bedding Co., Inc. (Manchester, 1956) 



228 Chapter 204 [1959 

Manchester Concrete Forms, Inc. (Manchester, 1957) 

Maples, Inc., The (Berhn, 1957) 

Marcotte Transportation, Inc. (Exeter, 1954) 

Margo Construction Co., Inc. (Portsmouth, 1955) 

Marion Electrical Instrument Company (Manchester, 1937) 

Martin Edsel, Inc. (formerly Martin Buick, Inc., Dover, 1955) 

Mastoras Corporation, The (Laconia, 1955) 

Matol, Inc. (Tilton, 1955) 

May's Food Store, Inc. (Keene, 1947) 

MacKenzie, Duncan, Incorporated (Manchester, 1954) 

McLean & Heath, Inc. (Milford, 1953) 

McReel Building, Inc. (Exeter, 1955) 

Medical Associates of Peterborough, Inc. (Peterborough, 1956) 

Meriden Electric Light and Power Company (Meriden, 1910) 

Merrill-Whitney Company (Nashua, 1916) 

Merrimack Wood Products, Inc. (Merrimack, 1955) 

Michigan Motors, Inc. (Keene, 1955) 

Milas Construction Co., Inc. (Manchester, 1956) 

Milk & Beverage Container Corp. (Nashua, 1955) 

Min-A-Print, Incorporated (Manchester, 1955) 

Min-A-Print of New Hampshire, Incorporated (Manchester, 1957) 

Mobile Advertising, Inc. (formerly Neo-Lite Glow Wagon, Inc., 

Concord, 1953) 
Modern Paints and Wallpaper, Inc. (Nashua, 1956) 
Monadnock Trading Corporation (Troy, 1955) 
Morgan & Desroches, Inc. (Exeter, 1955) 

Morrell, Nate, Inc. (formerly D & M Buillders Inc., Conway, 1952) 
Morrison Enterprises, Inc. (Dover, 1956) 
Mortgage Security Corporation (Concord, 1930) 
Mt. Cardigan Woolens, Inc. (Bristol, 1956) 
Mt, Lebanon Girl Scout Council, Inc. (formerly Camp Plymouth 

for Girl Scouts, Inc., Lebanon, 1950) 
Moura Navigation Company, Inc. (Portsmouth, 1951) 
Nashua Baking Company (Nashua, 1924) 
Nashua Heel, Inc. (Nashua, 1952) 
Nashua Hotel, Inc. (Nashua, 1956) 
Nashua Motor Sales, Inc. (Nashua, 1945) 
Nashua Packing, Inc. (Nashua, 1954) 
National Customer Exchange, Inc. (Portsmouth, 1954) 
National Real Estate Company, The (Nashua, 1908) 
National Store Fronts Co., Incorporated (formerly National 

Aluminum Products Company, Inc., Nashua, 1953) 
New England Distributing Corporation (Manchester, 1946) 
New England Fibre Company, Inc., The (Portsmouth, 1950) 
New England Nepheline Company, Inc. (Keene, 1938) 
New Gilford Bowl, Inc., The (Gilford, 1950) 



1959] Chapter 204 229 

New Hampshire Eg-g- Auction, Inc. (Derry, 1937) 

New Hampshire Woodlands, Inc. (East Weare, 1957) 

New London Ti^ansportation Company, Inc., The (New London, 

1953) 
New Pemigewasset Hotel Co., The (Plymouth, 1912) 
Newport Theatres, Inc. (Newport, 1947) 
Nichols Plumbing and Heating, Inc. (Nashua, 1957) 
Nickerson's, Inc. (Goffstown, 1956) 
Nobsil Manufacturing Company, Inc. (Lisbon, 1954) 
Norris, Frank D., Inc. (Hanover, 1955) 
North East Development Corporation (Derry, 1952) 
Northeast Marketers, Inc. (Concord, 1953) 
North Walpole Realty Co. Inc., (North Walpole, 1950) 
Northern New England Network, Inc. (Keene, 1956) 
Northern Veneer, Inc. (Fort Kent, Maine, 1956) 
Nutting, William L., Co., Inc. (Concord, 1947) 
Olivier, Emile, Co., Inc., (Berlin, 1954) 
Opechee Farms, Inc. (Laconia, 1951) 
Orr & Rolfe Company, (Concord, 1928) 

Package Delivery Co., Inc. (formerly United Parcel Deliver}^ Co., 

Inc., Manchester, 1954) 
Page & Wheeler, Inc. (Laconia, 1947) 
Parisian Dry Cleaning & Dyeing Co. (Manchester, 1920) 
Penacook Publishing Co., Inc. (Penacook, Concord, 1950) 
Permattach Diamond Tool Co., Inc. (Milford, 1954) 
Permattach Mfg. Co., Inc. (Milford, 1954) 
Pet Toy, Inc. (Newport, 1956) 

Peterborough Lodge, Inc., The (Peterborough, 1955) 
Peterborough Ptealty Corporation (Peterborough, 1956) 
Peterson's Motor Express, Inc. (Rochester, 1931) 
Philbrick Oldsmobile, Inc. (formerly Martin & Philbrick, Inc., 

Exeter, 1954) 
Pinard's Linoleum Shop, Inc. (Berlin, 1955) 
Pioneer Engineering Co., Inc. (Manchester, 1956) 
Piper Construction, Inc. (Rochester, 1955) 
Pippin Edsel Sales, Inc. (Keene, 1957) 
Plantation Realty Inc. (Salem, 1955) 
Portsmouth Music Store, Inc. (Portsmouth, 1957) 
Poudrier Hotel, Inc. (The Weirs, Laconia, 1955) 
Prince Advertising Co., Inc. (Grasmere, 1956) 
Profile Die Co., Inc. (formerly Goffstown and Manchester, Haver- 
hill, Mass., 1953) 
Profile Distributors. Inc. (Concord, 1953) 
Putney, R. W., Inc. (Rochester, 1941) 
Quick-Way Construction, Inc. (Manchester, 1955) 



230 Chapter 204 [1959 

Ragged Mtn. Ski Area, Inc. (Danburj% 1955) 

Raiche Ford Sales, Inc. (Derry, 1955) 

Ram, Inc. (Nashua, 1956) 

Regency Distributors, Inc. (Dover, 1956) 

Rernillards & Son, Inc. (Manchester, 1949) 

Rene's Food Mart, Inc. (Gorham, 1954) 

Rice-Varick Incorporated (Manchester, 1956) 

Rindge Crafts, Inc. (Rindge, 1958) 

Robertson Construction Co., Inc. (Dover, 1954) 

Rochester Harness Racing Association, Inc. (Rochester, 1955) 

Roger Marshall Co., Inc. (Manchester, 1953) 

Ross Corporation (Nashua, 1948) 

SAR Electronics, Inc. (Manchester, 1956) 

Saccoccia, Henry, Construction, Inc. (Portsmouth, 1956) 

Safford Associates, Inc. (Peterborough, 1954) 

Samson, A. J., Inc. (Manchester, 1957) 

Sandler Homes, Inc. (Dover, 1952) 

Sarasin, Francis W. Agency, Inc. (Nashua, 1959) 

Savoie, R., Inc. (Manchester, 1955) 

Saxby Corporation, The (Portsmouth, 1956) 

Sewing Shoppe, Inc. (Manchester, 1949) 

Sherwood Forest Farm, Incorporated (Epping, 1951) 

Shoe Sales, Inc. (formerly Weiss-Lawrence, Inc., Dover, 1957) 

Sidway, Franklin, Inc. (Wolfeboro, 1956) 

Silver Lake Hampshire Camps, Inc. (Harrisville, 1953) 

Silverman's Fashion Shop, Inc. (Portsmouth, 1957) 

Simms Motor Co., Inc. (Claremont, 1957) 

Smalley's Electric Service, Inc. (Claremont, 1955) 

Smith, Clarence A., Garage, Inc. (Manchester, 1932) 

Smith and Dionne Corporation, The (Manchester, 1948) 

Spoflford Realty Corporation, Inc. (Chesterfield, 1951) 

Star Lumber Corp., The (Hampstead, 1956) 

Starr King Lumber Co., Inc. (Berlin, 1955) 

State Sand and Gravel Inc. (Portsmouth, 1956) 

Stellos, James, Inc. (Nashua, 1957) 

Sterling Products Co., Inc. (Conway, 1939) 

Stevens, Alfred G., Co., Inc. (formerly John H. Stevens Co., Inc., 

Manchester, 1948) 
Stevens, Don, Television and Radio, Inc. (Pembroke, 1954) 
Stop-Off Market, Inc. (Keene, 1956) 
Strafford Business Systems, Inc. (Dover, 1955) 
Strafford Tape Distributors, Inc. (Concord, 1957) 
Sulloway Hosiery Shop, Inc. (Franklin, 1946) 
Sumner Enterprises, Inc. (Hampton. 1952) 
Sunapee Industries, Inc. (Sunapee, 1918) 
Sunapee Precision Machine and Tool Co., Inc. (Sunapee, 1954) 



1959] Chapter 204 



231 



Suncook Mattress Co., Inc. (Suncook, 1956) 
Surplus Textile Sales, Inc. (Concord, 1951) 
Sweet Hill Associates, Inc. (Plaistow, 1956) 
Switzer, B. R., Inc. (Salem Depot, 1955) 
TV Central, Inc. (Portsmouth, 1950) 
Tamposi & Tirrell, Inc. (Nashua, 1956) 
Television for New Hampshire, Inc. (Rochester, 1957) 
Temple Taxi, Inc. (Manchester, 1956) 
Tessier Lumber Company, Inc. (Berlin, 1956) 
1333 Elm Street, Inc. (Manchester, 1949) 
Thirty Pines, Incorporated (Concord, 1927) 
Tilton Department Store, Inc. (Tilton, 1954) 
Toner, Inc. (Dover, 1950) 
Top Bottled Gas, Inc. (Berlin, 1952) 
Towsley's Store, Inc. (Georges Mills, 1957) 
Trenton Machine Corporation (Manchester, 1956) 
Tri-City Dairy, Inc. (Hillsborough, 1953) 
Tri-State Engineering Co., Inc. (Manchester, 1955) 
Tri State Truckers & Construction Assoc, Inc. (Portsmouth 
1955) 

Trim-Line Sportswear, Inc. (Manchester, 1957) 
Try-Gen, Inc. (Chichester, 1951) 

Turcotte's Appliances Inc. (formerly Turcotte Hardware, In- 
corporated, Manchester, 1950) 
Tyngsboro Ski Tow, Inc. (Dunstable, Mass., 1954) 
United Carriers, Inc. (Woodsville, 1957) 
Valley Times, Inc., The (Pittsfield, 1949) 
Varrill's Paint Store, Inc. (Exeter, 1948) 
Veterans W.W. 1 Convention Corporation (Laconia, 1958) 
Victory Mica Mining Corporation (Keene, 1942) 
WTSL, Inc. (Lebanon, 1953) 

Walker, R. W., & Associates, Inc. (Manchester, 1957) 
Ward Hill Dairy & Poultry Corp. (Plymouth, 1954) 
Wayside Furniture House, Inc. (formerly Mayrand's, Inc., Dover, 

Weare Telephone Company, The (Weare, 1904) 

Webster, Daniel, Hotel, Inc. (Nashua, 1950) 

Wentacre Super Market, Inc. (Portsmouth, 1955) 

Wentworth Wood Products Corporation (Wentworth, 1953) 

West End Cafe, Inc. (Portsmouth, 1948) 

White Foam, Inc. (Manchester, 1956) 

Wilfred's Motor Sales, Inc. (Nashua, 1957) 

Williams, L. E., Nursery Co. (Exeter, 1926) 

Williams Laundry Company of New Hampshire (West Lebanon 



232 Chapter 204 [1959 

Winchester Insurance Agency, Inc. (Winchester, 1955) 

Windsor Realty Co., Inc. (Laconia, 1956) 

Winneg Enterprises, Inc. (Manchester, 1953) 

Wood, H. P. & Company (Boston, 1905) 

Wood-Mann Caterers, Inc. (Amherst, 1955) 

World Wide Travel Fair, Inc. (Hampton, 1957) 

Wyco, Inc. (formerly Wycho Mfg., Inc., Gilford, 1955) 

Yankee Clipper Boats, Inc. (Concord, 1957) 

Youngstowner of New Hampshire Inc. (Concord, 1956) 
The principal place of business and date and year of incorporation, 
when given in the above list, are included for the purpose of distinguish- 
ing corporations of the same or similar names. 

204:2 Remedies Preserved. No remedy against any such corpo- 
ration, its stockholders or officers, for any liability previously incurred, 
shall be impaired hereby. 

204:3 Reinstatement. Any such corporation may, within ninety 
days after this act takes effect, reinstate itself as a corporation by the 
payment of any fees in arrears and the filing with the secretary of state 
of any annual returns required by law and a statement under oath, signed 
by the clerk or secretary of such corporation, that it desires that its 
charter or certificate of incorporation shall remain in full force and 
effect. 

204:4 Disposition of Property. Any corporation whose charter is 
hereby repealed, revoked and annulled, shall, nevertheless, continue as a 
body corporate for the term of three years from the date this act takes 
effect, for the purpose of presenting and defending suits by or against 
it and of gradually closing and settling its concerns and distributing its 
assets, including the disposition and transfer of all or any part of the 
property and for no other purpose ; provided that for the purpose of any 
suit or action by or against any such corporation, pending at the end of 
said term of three years, such corporation shall continue as a body 
corporate until ninety days after final judgment or decree in such suit 
or action ; and provided further that the superior court shall have power 
at any time when it shall be made to appear, upon the petition of any 
interested party, that the protection of proprietary or other rights re- 
quires the doing of any act or thing by or in behalf of any such corpo- 
ration, to order the doing of such acts or things, and for this purpose 
may appoint and authorize an agent to act for and in the name of such 
corporation and any action so ordered and done shall be effective corpo- 
rate action. 

204:5 Takes Effect. This act shall take effect upon its passage. 
[Approved July 28, 1959.] 
[Effective date July 28, 1959.] 



1959] Chapters 205, 206 233 

CHAPTER 205. 

AN ACT RELATING TO APPEALS IN THE MUNICIPAL BUILDING REGULATION 

MATTERS. 

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

205:1 Municipal Building Res^ulations. Amend RSA 156 by in- 
serting after section 4 the following- new sections: 156:4-a Board of 
Appeal. Any ordinance or by-law adopted pursuant to the provisions of 
section 1 of this chapter may provide for a board to be called the board 
of appeal which shall have the power, by vote of a majority of its mem- 
bers, upon an appeal filed with it by any person aggrieved by any de- 
cision of the inspector of buildings, to vary the application of any pro- 
vision of the building regulations to any particular case, when in its 
opinion, the enforcement thereof would do manifest injustice, and would 
be contrary to the spirit and purpose of such building regulations or 
public interest. 156 :4-b Board of Adjustment as Board of Appeal. 
Where there is a board of adjustment created under a local zoning ordi- 
nance, the powers of a board of appeal, as provided in section 4-a of this 
chapter, may be vested in said board of adjustment by the legislative 
body of the municipality. 156:4-c Appeal. Any person aggrieved by 
a decision of the building inspector in the case where no board of appeal 
or board of adjustment acting as a board of appeal exist; or any person 
aggrieved by a decision of said board of appeal, or by any board of adjust- 
ment acting as a board of appeal, may appeal to the superior court for 
the county either in term time or vacation, and said court shall make 
such orders as justice may require. 

205:2 Repeal. RSA 156:4, relative to appeals from building 
regulations, is hereby repealed. 

205:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 29, 1959.] 
[Effective date September 27, 1959.] 



CHAPTER 206. 



AN ACT RELATIVE TO LICENSE FEES FOR AGENTS OF UNLICENSED INSURANCE 

COMPANIES. 

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

206:1 Unlicensed Insurance Companies. Amend RSA 405:24 by 
striking out the word "two" in the second line and inserting in place 



234 Chapter 207 [1959 

thereof the words, twenty-five, so that said section as amended shall read 
as follows: 405:24 Issue. The commissioner, upon the annual pay- 
ment of a fee of twenty-five dollars, may issue licenses to licensed resi- 
dent agents of the state, subject to revocation at any time, permitting the 
agent named therein to procure insurance policies and contracts of in- 
surance or suretyship to be effective in this state in foreign insurance 
companies not authorized to transact business in this state, but which 
are duly authorized to do business in some state having an insurance 
commissioner. All such licenses shall expire annually on March thirty- 
first. Such insurance or suretyship placed with an unadmitted company 
shall be for such amount as the agent cannot place with an admitted 
company, and shall not be placed until the agent has first satisfied the 
insurance commissioner that he cannot procure such insurance in an 
admitted company. 

206:2 Repeal. RSA 405:38, relative to brokers' fees for licenses, 
is hereby repealed, 

206:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 29, 1959.] 
[Effective date September 27, 1959.] 



CHAPTER 207. 



AN ACT RELATIVE TO DEFINITION OF SEMI-TRAILER UNDER MOTOR VEHICLE 

LAWS. 

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

207:1 Motor Vehicle Definitions. Amend paragraph XXVIII of 
RSA 259:1 by inserting at the end of said paragraph the words, pro- 
vided, however, that the word "semi-trailer" shall not include any 
vehicle as described in this paragraph if used exclusively for agricultural 
purposes unless said vehicle be of the type constructed specifically to be 
towed by a tractor-type truck, so that said paragraph as amended shall 
read as follows : XXVIII. "Semi-trailer," a vehicle of the trailer tj^pe 
so designed and used in conjunction with a self-propelled vehicle that a 
considerable part of its own weight or that of its load rests upon and is 
carried by the towing vehicle, and not including a pair or set of wheels 
commonly used as an implement for other purposes than transportation, 
provided, however, that the word "semi-trailer" shall not include any 
vehicle as described in this paragraph if used exclusively for agricultural 
purposes unless said vehicle be of the type constructed specificallj'' to be 
towed by a tractor-type truck. 



1959.1 Chapters 208, 209 235 

207:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 29, 1959.] 
[Effective date September 27, 1959.] 



CHAPTER 208. 



AN ACT RELATIVE TO DEFINITIONS UNDER STATE EMPLOYEES' RETIREMENT 

SYSTEM. 

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

208:1 Employees' Retirement System. Amend paragraph XI of 
RSA 100:1 by adding at the end thereof the following: Notwithstand- 
ing the foregoing, the earnable compensation of a member whose com- 
pensation is reduced for any reason shall, at the election of the member 
made at the time of such reduction, be deemed for the purposes of the 
retirement system to be continued at the higher rate. Such election shall 
be irrevocable so that said paragraph as amended shall read as follows : 
XI. "Earnable compensation" shall mean the full base rate of compen- 
sation paid to an employee. In cases where compensation includes mainte- 
nance, the board of trustees shall fix the value of that part of the com- 
pensation not paid in money. Notwithstanding the foregoing, the earnable 
compensation of a member whose compensation is reduced for any reason 
shall, at the election of the member made at the time of such reduction, 
be deemed for the purposes of the retirement system to be continued at 
the higher rate. Such election shall be irrevocable. 

208:2 Takes Effect. This act shall take effect as of June 30, 1959. 
[Approved July 29, 1959.] 
[Effective date June 30, 1959.] 



CHAPTER 209. 

AN ACT RELATIVE TO BORROWING BY MUNICIPALITIES. 

Be it enacted hy the Sermte and House of Representatives in General 
Court convened: 

209:1 Cooperative School Districts. Amend paragraph II of RSA 
195:6 (supp) as amended by 1957, 126:1, by striking out the same and 
inserting in place thereof the following: II. Each cooperative 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, 



236 Chapter 209 [1959 

however, indebtedness of a cooperative district may be incurred to an 
amount not to exceed ten per cent of their assessed valuation as last 
equalized by the state tax commission. 

209:2 Change in Amount. Amend paragraph III of RSA 195:6 

(supp) as amended by 1957, 126:2 by striking out the same and insert- 
ing in place thereof the following: III. Whenever only a part of the 
educational facilities of a local school district are incorporated into a co- 
operative school district, such local district shall continue in existence 
and function as previously. The cooperative school district shall assume 
only those outstanding debts and obligations of the local school district 
which pertain to the property acquired by the cooperative school dis- 
trict for use by the cooperative school district. In such case no coopera- 
tive school district shall for elementary school purposes incur debt to an 
amount exceeding five per cent, and for secondary school purposes, if 
organized for grades nine through twelve, to an amount exceeding five 
per cent, and for secondary school purposes if organized for grades seven 
through twelve, to an amount not exceeding six per cent of the total 
assessed valuation of such district as last equalized by the tax commis- 
sion. No cooperative school district shall incur indebtedness if it subjects 
the taxable property of any school district forming a part thereof to debt, 
when added to the debt of such school district, of more than ten per cent 
of the value of such taxable property. 

209:3 Mimicipal Finance. Amend RSA 33:4-a (supp) as inserted 
by 1955, 329:1 and amended by 1957, 120:1. by striking out the same and 
inserting in place thereof the following: 33:4-a Debt Limit, Munici- 
palities, (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, (b) Cities shall not incur net indebtedness for 
school purposes to an amount at any one time outstanding, determined as 
hereinafter provided, exceeding seven (7) per cent of said valuation. Any 
debt incurred for school purposes by a city under this or any special 
statute heretofore or hereafter enacted shall be excluded in determining 
the borrowing capacity of a city for other than school purposes under 
the aforesaid one and seventy-five hundredths (1.75) per cent limitation, 
(c) 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, (d) School dis- 
tricts shall not incur net indebtedness to an amount at any one time out- 
standing exceeding seven (7) per cent determined as hereinafter pro- 
vided, (e) Village districts shall not incur net indebtedness to an 
amount at any one time outstanding exceeding one (1) per cent of their 
valuation determined as hereinafter provided. 

209:4 Computation. Amend RSA 33:4-b (supp) as inserted by 
1955, 329:1 and 1957, 120:4, by striking out the same and inserting in 



1959] Chapter 209 237 

place thereof the following-: 33:4-b Debt Limit; Computation. The 

debt limitations hereinbefore prescribed, except for counties, shall be 
based upon the applicable last locally assessed valuation of the munici- 
pality as last equalized by the tax commission. Whenever several muni- 
cipalities possessing the power to incur indebtedness cover or extend 
over identical territory, each such municipality shall so exercise the 
power to incur indebtedness under the foregoing- limitations so that the 
aggregate net indebtedness of such municipalities shall not exceed nine 
and seventy-five hundredths (9.75) per cent of the valuation of the tax- 
able property as hereinbefore determined, except as provided for coopera- 
tive school districts under RSA 195:6. A written certificate of the tax 
commission, signed by any member thereof, shall be conclusive evidence 
of the base valuation of municipalities for computing debt limits here- 
under. 

209:5 Repeal. RSA 33:4-c (supp) as inserted by 1955, 329:2 and 
as amended by 1957, 120:5; 33:4-d (supp) as inserted by 1955, 329:2; 
33:4-e (supp) as inserted by 1955, 329:2; 33:4-f (supp) as inserted by 
1955, 329:2; 33:4-g (supp) as inserted by 1955, 329:2; and amended by 
1957, 120:6 are hereby repealed. 

209:6 Application of Provisions. In any case where, before the 
effective date of this act, a school district has voted to incur net indebted- 
ness in excess of four per cent of its valuation but not in excess of six 
per cent of its valuation no certificate for authority for such excess 
borrowing- by the board of investigation shall be required. 

209:7 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- exceeding- 9.75 per cent of its 
valuation based upon the last locally assessed valuation of the city as 
last equalized by the tax commission. Said city of Manchester is hereby 
authorized to apportion its debt between school and other municipal pur- 
poses in any manner and to any degree except that the city may not in- 
cur net indebtedness for school purposes to an amount at any one time 
outstanding exceeding seven (7) per cent of its said valuation. The fore- 
going debt limitations for the city of Manchester shall be exclusive of 
unmatured tax anticipation notes issued according- to law ; debts incurred 
for supplying- the inhabitants with water, or for the construction or 
maintenance of water works, debts incurred to finance new sewerag-e 
systems or sewage disposal works where the cost thereof is to be financed 
by sewer rent or sewer assessments, debts incurred pursuant to RSA 
31:10, debts incurred outside the statutory debt limit of the municipality 
under any g-eneral law or special act heretofore or hereafter enacted 
(unless otherwise provided in such legislation), sinking- funds and cash 
applicable solely to the payment of the principal of debts incurred within 
the debt limit and indebtedness payable from parking- meter revenue. 



238 Chapter 210 [1959 

209:8 Repeal. Laws 1957, 120:2 relative to net indebtedness for 
the city of Manchester is hereby repealed. 

209 :9 Taks Effect. This act shall take effect sixty days after its 
passage. 

[Approved July 29, 1959.] 
[Effective date September 27, 1959.] 



CHAPTER 210. 



AN ACT RELATIVE TO TRESPASSING ON LAND OF ANOTHER AND AT 
RACE TRACKS AND DEFINING CULTIVATED LAND. 

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

210:1 Trespass. Amend RSA 572:15 (supp) as amended by 1955, 
176:1 by striking out said section and inserting in place thereof the 
following: 572:15 Penalty. Whoever without right enters upon the 
cultivated land of another, or upon land within two hundred yards of a 
building, said land having been posted as provided in section 16, shall be 
fined not more than fifty dollars or imprisoned not more than six months, 
or both. 

210:2 Si^ns. Amend RSA 572:16 (supp) as amended by 1955, 
176:2 by inserting after the word "entrances" in the seventh line the 
words, except that signs used for posting land within two hundred 
yards of a building may be in block letters not less than one and one- 
half inches in height and may omit the words "NO HUNTING or" and 
may omit the address of the owner or lessee, so that said section as 
amended shall read as follows: 572:16 Notices to Public. The notices 
referred to in section 15 shall conform to the following requirements: 
Posting notices shall be of durable material with the words NO HUNT- 
ING or TRESPASSING, printed in block letters not less than two inches 
in height, and shall contain also the name and address of the ov/ner or 
lessee of such land. Such signs shall not be more than one hundred yards 
apart and shall be posted also at the gates, bars and commonly used en- 
trances, except that signs used for posting land within two hundred 
yards of a building may be in block letters not less than one and one-half 
inches in height and may omit the words "NO HUNTING or" and may 
omit the address of the owner or lessee. Nothing herein contained shall 
prevent any owner from adding to the language herein required such 
additional warning words as "children," "inhabited house nearby," 
"livestock," etc. 

210:3 Cultivated Land. Amend RSA 572:17 by striking out said 
section and inserting in place thereof the following : 572 :17 Definition. 



1959] Chapter 211 239 

Cultivated land within the meaning- of this chapter is defined as land 
from which an annual crop is taken, orchards, cultivated land upon which 
domestic animals annually gi'aze, land which is either burned or cut over 
once in every two years, land used for the commercial productions of 
Christmas trees, and land which has been improved for residential, com- 
mercial or industrial purposes. 

210:4 Race Tracks. Amend RSA 284 by inserting" after section 
38 thereof the following new subdivision : 

Trespassing 

284:39 Rights of Lice'nsee. Any licensee hereunder shall have 
the right to refuse admission to and to eject from the enclosure of any 
race track where is held a race or race meet licensed hereunder any per- 
son or persons whose presence within said enclosure is in the sole judg- 
ment of said licensee inconsistent with the orderly and proper conduct of 
a race meeting. 

284:40 Penalty. Any person or persons within said enclosure 
without right or to whom admission has been refused or who has previ- 
ously been ejected shall be fined not more than one hundred dollars or 
imprisoned not more than one year or both. 

210:5 Takes Effect. This act shall take effect upon its passage. 
[Approved July 30, 1959.] 
[Effective date July 30, 1959.] 



CHAPTER 211. 



AN ACT MAKING TEMPORARY APPROPRIATIONS FOR THE EXPENSES AND 
ENCUMBRANCES OF THE STATE OF NEW HAMPSHIRE. 

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 July 31, 1959, and prior to the passage of 
the said budget act, now therefore 

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

211:1 Appropriation. There is hereby appropriated for the gen- 
eral expenses and encumbrances of the state government during the 
month of August 1959 the sum of fifteen million eight hundred thirty 
thousand dollars, or so much thereof as may be necessary, to be expended 
and encumbered in the manner hereinafter provided, that is to say five 
million dollars from general funds; one million two hundred thousand 



240 Chapter 211 [1959 

dollars from special funds; one hundred thirty thousand dollars from 
fish and game funds ; and nine million five hundred thousand 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. The director of the division of accounts is authorized, as 
provided by RSA 8:13 to maintain a system of encumbrance accounting 
to control expenditures and commitments within the amounts appro- 
priated in this section. Such expenditures and encumbrances shall be a 
charge upon the respective appropriations to be made subsequently by 
the legislature for the fiscal year ending June 30, 1960. 

211:2 Expenditure and Encumbrance of Funds. The expenditure 
and encumbrance of funds provided by section 1 hereof shall be made 
at the rate and in the manner set forth in the proposed budget as sub- 
mitted to the 1959 legislature by the governor, unless otherwise author- 
ized by the governor with the advice and consent of the council. 

211:3 Provisions of Law. The provisions of RSA 9 and the pro- 
visions of any other statute inconsistent with the provisions of sections 1 
and 2 are hereby suspended to the extent of such inconsistencies during 
the time such sections are in effect. 

211:4 Additional Appropriations. The provisions of sections, 1, 2 
and 3 shall apply to the departments of planning and development and 
forestry and recreation as well as to other departments. In addition to 
the appropriations provided in section 1 there are hereby appropriated 
the following sums for the month of August, 1959 : 

For New Hampshire port authority $1,000 

For general expenses of the legislature $100,000 

For planning and development for Montreal office $1,700 
For milk control board $1,500 

The governor with the advice and consent of the council is authorized to 
draw his warrants for the sums appropriated under this section, or so 
much thereof as may be necessary, out of any money in the treasury not 
otherwise appropriated. The expenditures for such additional appropri- 
ations shall be a charge upon the respective appropriations to be made 
subsequently by the legislature for the fiscal year ending June 30, 1960. 

211:5 Temporary Personnel. Nothwithstanding chapter 238, 
Laws of 1957, provided funds are available, departments and institutions 
are authorized to employ temporary personnel until August 31, 1959. 

211:6 Governor's Legal Counsel. There is hereb}^ appropriated 
for the salary of the governor's legal counsel during the month of August 
1959 the sum of eleven hundred dollars, or so much thereof as may be 
necessary; and the governor is authorized by and with the advice and 



1959] 



Chapter 212 



241 



consent of the council to draw his warrant for the sum necessary for said 
appropriation out of any money in the treasury not otherwise appro- 
priated. 

211:7 Takes Effect. This act shall take effect as of Aug-ust 1, 
1959 and shall continue in effect until September 1, 1959, unless the? 
appropriation acts for the ensuing- biennium are sooner enacted in which 
event the appropriations herein provided shall thereupon lapse. 
[Approved July 30, 1959.] 
[Effective date Aug-ust 1, 1959.] 



CHAPTER 212. 

AN ACT INCREASING THE SALARY OF THE JUSTICE OF THE KEENE 

MUNICIPAL COURT. 

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

212:1 Keene 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, 
108:1, 125:1, 175:1, 209:1, 227:1, 234:1, 243:1; 1959, 7:1, 40:1 by strik- 
ing- out the words "In Keene two thousand, five hundred dollars" and in- 
serting in place thereof the words. In Keene, three 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: 

[n Manchester, five thousand one hundred dollars; 

[n Nashua, four thousand dollars ; 

[n Concord, three thousand five hundred dollars ; 

[n Portsmouth, three thousand five hundred dollars ; 

[n Dover, two thousand five hundred dollars; 

[n Laconia, three thousand dollars; 

In Keene, three thousand dollars ; 

[n Claremont, two thousand three hundred dollars; 

In 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, twelve hundred dollars; 

[n Littleton, eight hundred dollars; 

[n Hampton, one thousand dollars; 



242 Chapter 213 [1959 

In Milford, six hundred dollars; 
In Haverhill, eight hundred dollars; 
In Salem, one thousand dollars. 

212 :2 Takes Effect. This act shall take effect July 1, 1959. 
[Approved July 30, 1959.] 
[Effective date July 1, 1959.] 



CHAPTER 213. 



AN ACT RELATING TO STATEMENTS OF ACCOUNT BETWEEN BANKS AND 

DEPOSITORS. 

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

213:1 Final Adjustment of Statements of Account. Amend RSA 
390 by adding after section 22 the following" new subdivision : 

Final Adjustment of Statements of Account between Bank and 

Depositor 

390:23 Statement of Account Final, When. When a statement 
of account has been rendered by a bank to a depositor accompanied by 
vouchers, if any, which are the basis for debit entries in such account, 
or the depositor's passbook has been written up by the bank showing the 
condition of the depositor's account and delivered to such depositor with 
like accompaniment of vouchers, if any, such account shall, after the 
period of five years from the date of its rendition, in the event no 
objection thereto has been theretofore made by the depositor, be deemed 
finally adjusted and settled and its correctness presumed. 

390:24 Due Diligence. Nothing herein shall be construed to re- 
lieve the depositor from the duty now imposed by law of exercising due 
diligence in the examination of such account and vouchers, if any, when 
rendered by the bank and of immediate notification to the bank upon 
discovery of any error therein, nor from the legal consequences of 
neglect of such duty. 

213:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 7, 1959.] 
[Effective date October 6, 1959.] 



1959] Chapter 214 243 

CHAPTER 214. 

AN ACT RELATIVE TO PAYMENT TO OUTSIDE SCHOOLS FURNISHING 
INSTRUCTION NOT AVAILABLE IN THIS STATE. 

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

214:1 Higher Education. Amend RSA 200-A (supp) as inserted 
by 1955, 232:3 by inserting at the end thereof the following new sub- 
division : 

Payment to Outside Schools 

200-A :4 Appropriations. The state of New Hampshire may 
biennially appropriate funds for the purpose of contributing to the opera- 
tional costs at colleges and universities of qualified and accepted New- 
Hampshire residents, pursuant to regional and/or reciprocal agreements 
and arrangements in the educational field as executed and approved by 
the New England Board of Higher Education. 

200-A :5 Certification to Comptroller. The New England Board 
of Higher Education shall certify to the comptroller on or before October 
first of the year preceding each legislative session the amounts needed 
to carry out the purposes of section 4 for the coming biennium. Upon 
such certification the comptroller shall include such amounts in the 
budget requests for his department. The sums appropriated by the legis- 
lature in accordance with the provisions of this subdivision shall be a 
continuing appropriation and shall not lapse. 

200-A :6 Payments from Funds. The amount that may be or 
may become due to any college, university, or institution shall be payable 
by the state treasurer to such institution from funds appropriated for 
carrying out the purposes hereof upon certification by the New England 
Board of Higher Education. Said board, before approving such vouchers, 
shall satisfy itself that such student would be unable to receive the 
course of instruction at any institution of public education in New 
Hampshire, and shall satisfy itself that the charge made by said in- 
stitution is in accordance with the terms and conditions of the regional 
and/or reciprocal agreement in effect between the New England Board 
of Higher Education and the charging institution. The comptroller shall 
examine and audit the accounts showing the payments made by the board 
under the authority of this section. In submitting the budget request 
made by him pursuant to the certification of the board as provided in 
the preceding section, the comptroller shall forward with such request 
a report of such examination and audit, showing the details of such pay- 
ments for the two fiscal years next preceding the time of said budget 
requests. 



244 Chapter 215 [1959 

214:2 Repeal. RSA 193:23 to 25, inclusive (supp) as amended by 
1955, 232:5, relative to appropriations for outside schools, are hereby 
repealed. 

214:3 Takes Effect. Insofar as the provisions for making appro- 
priations are concerned this act shall take effect as of July 1, 1961. Inso- 
far as the remainder of the act is concerned this act shall take effect as 
of October 1, 1959. 
[Approved August 7, 1959.] 
[Effective date: 

Provisions for Appropriations effective July 1, 1961. 

Remainder of Act effective October 1, 1959.] 



CHAPTER 215. 

AN ACT TO AUTHORIZE TOWNS TO ADOPT BUILDING CODES BY REFERENCE. 

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

215:1 New Chapter. Amend the Revised Statutes Annotated by 
inserting after chapter 156 the following new chapter: 

Chapter 156- A 

Adoption of Building Codes by Reference 

156-A:1 Grant of Power. Any town at any annual or special 
meeting, under an article in the warrant for said meeting, is hereby 
authorized and empowered by ordinance to adopt by reference thereto 
in such ordinance any nationally recognized code, rules or regulations for 
the construction of buildings, or relating to the installation of plumb- 
ing, the use of concrete, masonry, metal, iron, wood and other building 
material, the installation of electric wiring and fire protection incident 
thereto which have been printed as a code in book form, or any portion 
thereof. 

156-A:2 Filing Copies. Upon adoption by a town of any ordi- 
nance wherein such code or rules and regulations or portions thereof 
have been incorporated by reference, three copies of such code or rules 
and regulations shall be filed in the office of the board of selectmen and 
the office of the building inspector, if any, and three copies shall be filed 
in the office of the town clerk. All copies of any code or rules and regula- 
tions filed as provided herein shall be for use and examination by the 
public. 



1959J Chapter 216 245 

156-A:3 Amendment. Any such ordinance may be amended or 
supplemented, by town meeting, provided, that three copies of such 
ordinance, as amended or supplemented, shall be filed in the office of the 
board of selectmen, and in the office of the building inspector, if any, and 
three copies filed in the office of the town clerk for the use and ex- 
amination of the public. 

156-A:4 Exception. The provisions of this chapter shall not 
be construed to permit the adoption by reference of penalty clauses which 
may be part of any nationally recognized code, rules and regulations. The 
said town meetings shall have power to annex penalties deemed neces- 
sary, not exceeding one thousand dollars, for the breach of any violation 
of any such ordinance. 

156-A:5 Examination by Public. At least thirty days prior to 
the adoption of any such ordinance or any amendment or supplement 
thereto, not less than three copies of such code or regulations referred to 
shall have been filed in the office of the board of selectmen and in the 
office of the building inspector, if any, and three copies in the office of 
the town clerk for the use and examination of the public. A sufficient 
number of additional copies of such ordinance or any amendment thereto 
shall be kept by the town in the office of the town clerk and shall be 
available for loan or sale to any interested person. 

156-A:6 Public Hearing; Notice. No such ordinance or amend- 
ments or supplements thereto, as hereinbefore set forth, shall become 
effective or be altered until after a public hearing in relation thereto, at 
which parties in interest and citizens shall have an opportunity to be 
heard. Notice of the time and place of such hearing shall be published 
in a paper of general circulation in the community at least fifteen days 
before the holding of said hearing. 

215:2 Takes Effect. This act shall take effect as of January 1, 
1960. 

[Approved August 7, 1959.] 
[Effective date January 1, I960.] 



CHAPTER 216. 



AN ACT RELATIVE TO TRANSPORTATION OF ALCOHOLIC BEVERAGES IN 

MOTOR VEHICLES. 

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

216:1 Minors Operating Motor Vehicles. Amend RSA 262 by in- 
serting after section 40 the following new section : 262 :40-a — Trans- 



246 Chapter 217 [1959 

porting Alcoholic Beverages. Any person under the age of twenty-one 
years operating a motor vehicle upon the public highway, except when 
accompanied by parent or legal guardian, and having liquor or beverage 
in any form in containers, open or unopened, in any part of the vehicle, 
may have his license suspended or his right to operate denied for a 
period of not more than thirty days by the commissioner of motor 
vehicles. The words "liquor" and "beverages" as used in this section shall 
have the same meaning as defined in RSA 175:1. 

216:2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 11, 1959.] 
[Effective date August 11, 1959.] 



CHAPTER 217. 



AN ACT ADOPTING THE UNIFORM FACSIMILE SIGNATURES OF PUBLIC 

OFFICIALS ACT. 

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

217:1 New Chapter. Amend RSA by inserting after chapter 93 
the following new chapter: 

Chapter 93-A 
Uniform Facsimile Signatures of Public Officials 

93-A:l Definitions. As used in this chapter: 

(a) "Public security" means a bond, note, certificate of in- 
debtedness, or other obligation for the payment of money, issued by this 
state or by any of its departments, agencies, or other instrumentalities 
or by any of its political subdivisions. 

(b) "Instrument of payment" means a check, draft, warrant, 
or order for the payment, delivery, or transfer of funds. 

(c) "Authorized officer" means any official of this state or any 
of its departments, agencies, or other instrumentalities or any of its 
political subdivisions whose signature to a public security or instrument 
of payment is required or permitted. 

(d) "Facsimile signature" means a reproduction by engraving, 
imprinting, stamping, or other means of the manual signature of an 
authorized officer. 

93-A:2 Facsimile Signature. Any authorized officer may 
execute or cause to be executed with a facsimile signature in lieu of his 
manual signature: 



1959] Chapter 217 247 

(a) Any public security, provided that at least one signature 
required or permitted to be placed thereon shall be manually subscribed, 
and 

(b) Any instrument of payment. Upon compliance with this 
chapter by the authorized officer, his facsimile signature has the same 
legal effect as his manual signature. 

93-A:3 Use of Facsimile Seal. When the seal of this state or 
any of its departments, agencies, or other instrumentalities or of any of 
its political subdivisions is required in the execution of a public security 
or instrument of payment, the authorized officer may cause the seal to be 
printed, engraved, stamped or otherwise placed in facsimile thereon. The 
facsimile seal has the same legal effect as the impression of the seal. 

93-A:4 Violation and Penalty. Any person who with intent to 
defraud uses on a public security or an instrument of payment : 

(a) A facsimile signature, or any reproduction of it, of any 
authorized officer, or 

(b) Any facsimile seal, or any reproduction of it, of this state 
or any of its departments, agencies, or other instrumentalities or of any 
of its political subdivisions shall be fined not more than one thousand 
dollars, or imprisoned not more than five years, or both. 

93-A:5 Uniformity of Interpretation. This chapter shall be so 
construed as to effectuate its general purpose to make uniform the law 
of those states which enact it. 

93-A:6 Short Title. This chapter may be cited as the Uniform 
Facsimile Signature of Public Officials Act. 

93-A:7 Severability. If any provision of this chapter or the 
application thereof to any person or circumstance is held invalid, the 
invalidity shall not affect other provisions or applications of the chapter 
which can be given effect without the invalid provision or application, 
and to this end the provisions of this chapter are severable. 

217:2 Repeal. RSA 337:8-a (supp) as inserted by 1955, 81:1; 
RSA 6:6-a (supp) as inserted by 1955, 81:2; RSA 282:20 (supp) as in- 
serted by 1955, 81:3; RSA 29:2-a (supp) as inserted by 1955, 81:4, and 
RSA 48:16-a (supp) as inserted by 1955, 81:5, RSA 4:13-a (supp) as 
inserted by 1955, 34:1 and RSA 5:5-a (supp) as inserted by 1955, 34:2, 
are hereby repealed. 

217:3 Takes Effect. This act shall take effect upon its passage. 
[Approved August 11, 1959.] 
[Effective date August 11, 1959.] 



248 Chapters 218, 219 [1959 

CHAPTER 218. 

AN ACT RELATIVE TO CONTRACTS FOR OPERATION OF SCHOOLS IN THE STATE. 

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

218:1 Joint Maintenance of Schools. The school districts of the 
state may enter into a contract with each other for the establishing and 
maintaining jointly a high school for the benefit of their pupils and may 
raise and appropriate money to carry said contracts into effect. The 
school boards of said districts, acting jointly or otherwise, shall have 
the authority and perform such duties in relation to schools so main- 
tained as may be provided for in the contracts. The term of any such 
contract may be for a term not to exceed twenty years from the date 
of the contract. In entering into such contract either of said school dis- 
tricts may bind itself to the payment of tuition for the entire term of 
the contract and may also bind itself to annual payments on account of 
capital investments. 

218:2 Special Meetings. The adoption of a long-term contract as 
provided for by the preceding section may be taken by the school district 
at a regular annual meeting or a special meeting called for the purpose 
provided that an article is inserted in the warrant for said meeting 
relative to said contract. 

218:3 Application of Statutes. The provisions of RSA 194:21 

relative to joint maintenance of schools, and the provisions of RSA 
194:27, as amended, relative to limitations on the payment of tuition, 
shall not apply to the school districts of the state if any long-term con- 
tract herein provided for is adopted by said districts. 

218 :4 Takes Effect. This act shall take effect upon its passage. 
[Approved August 11, 1959.] 
[Effective date August 11, 1959.] 



CHAPTER 219. 

AN ACT RELATIVE TO EXTENSION OF APPROPRIATIONS FOR STATE AID FOR 
NURSING EDUCATION, AND ADMINISTRATION EXPENSES. 

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

219:1 Extension of Appropriations. The balance of appropri- 
ations made by 1957, 288:4 for appropriations for state aid for nursing 
education and the balance of appropriations made for expenses of general 
supervision by the state board of nursing education and nurse registra- 



1959] Chapter 220 249 

tion provided by 1957, 288:5 shall not lapse but shall be a continuing 
appropriation and available for further expenditures for the same pur- 
poses. 

219 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 11, 1959.] 
[Effective date August 11, 1959.] 



CHAPTER 220. 

AN ACT RELATIVE TO LIFE INSURANCE POLICIES. 

Be it CTiacted by the Senate and Floitse of Representatives in General 
Court convened: 

220:1 Policies Delivered Outside the United States. Amend RSA 
408:10 by adding at the end thereof the words, provided, however, that 
this section shall not apply to a policy issued by a life insurance corpo- 
ration organized under the laws of this state if (a) such policy is issued 
on the life of a person who is neither a resident nor a citizen of the United 
States of America, (b) such policy is delivered to the policyholder out- 
side the continental limits of the United States of America and its terri- 
tories, and (c) the laws and regulations of the nation in which tlie policy 
is delivered to the policyholder do not prohibit the delivery of a life in- 
surance policy which contains no incontestability clause, so called, so 
that said section as amended shall read as follows: 408:10 Incontest- 
ability. The policy shall be incontestable after it shall have been in 
force during the lifetime of the insured for two years from its date, 
except for non-payment of premiums, and except for violations of the 
policy relating to the naval or military service in time of war; provided, 
however, that this section shall not apply to a policy issued by a life 
insurance corporation organized under the laws of this state if (a) such 
policy is issued on the life of a person who is neither a resident nor a 
citizen of the United States of America, (b) such policy is delivered to 
the policyholder outside the continental limits of the United States of 
America and its territories, and (c) the laws and regulations of the 
nation in which the policy is delivered to the policyholder do not prohibit 
the delivery of a life insurance policy which contains no incontestability 
clause, so-called. 
[Approved August 11, 1959.] 
[Effective date October 10, 1959.] 



250 Chapter 221 [1959 

CHAPTER 221. 

AN ACT RELATIVE TO STATE AID FOR NURSING EDUCATION. 

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

221:1 Nursing Education. Amend RSA 326:30, 31 and 32 (supp) 
as inserted by 1957, 288, by striking out said sections and inserting in 
place thereof the following new subdivision : 

Scholarship Program 

326:30 State Scholarship Program. A program of annual scholar- 
ship aid for students in basic professional nursing, practical nursing and 
in advanced nursing education, is hereby established in order to provide 
financial assistance to qualified persons who are bona fide residents of 
this state and need such assistance in order to attend a basic course of 
training in professional or practical nursing in New Hampshire, regularly 
approved by the state board of nursing education and nurse registration, 
or in order to take postgraduate work in courses and at schools approved 
by said state board only for the purpose of attendance by the particular 
recipient of such assistance. 

326:31 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 reason- 
able rules and regulations to carry out the purposes 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. 

326:32 Amount of Aid. The maximum amount which the board 
may grant to any one student nurse in basic practical nursing training 
shall be one hundred fifty dollars during her course of study.The maxi- 
mum amount which the board may grant to any one student nurse in 
basic professional nursing training shall be seven hundred dollars for 
the three or four-year period of which not over three hundred fifty 
dollars may be awarded for the first year, not over two hundred fifty 
dollars for the second year and not over one hundred dollars for the 
third and/or fourth year, and to any one registered nurse in advanced 
nursing education shall be one thousand dollars per year for a period 
of not more than two years, all of which shall be paid to the student or 
registered nurse subject to such rules and restrictions as the board may 
impose. 



1959] Chapter 222 251 

221:2 Takes Effect. This act shall take effect July 1, 1959. 
[Approved August 11, 1959.] 
[Effective date July 1, 1959.] 



CHAPTER 222. 



AN ACT TO DEFINE AND TO PROVIDE THE LICENSING OF REAL ESTATE 
BROKERS AND REAL ESTATE SALESMEN. 

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

222:1 New Chapter. Amend RSA by inserting after chapter 
331 the following new chapter: 

Chapter 331-A 

331-A:1 Definitions. As used in this chapter, the following 
terms shall have the following meanings : 

(a) The term "real estate" shall mean leaseholds, as well as 
any other interest or estate in land, whether corporeal, incorporeal, free- 
hold or nonfreehold, and whether the real estate is situated in this state 
or elsewhere. 

(b) The term "broker" shall mean any person who for a fee, 
commission or other valuable consideration, or with the intent or ex- 
pectation of receiving the same, negotiates or attempts to negotiate the 
listing, sale, purchase, exchange or lease of any real estate or of the im- 
provements thereon, or collects, rents or attempts to collect rents, or 
advertises or holds himself out as engaged in any of the foregoing 
activities. The term "broker" also includes any person em.ployed by or on 
behalf of the owner or owners of real estate to conduct the sale, leasing, 
or other disposition thereof at a salary or for a fee, commission or any 
other consideration; it also includes any person who engages in the 
business of charging an advance fee or contracting for collection of a 
fee in connection with any contract whereby he undertakes primarily to 
promote the sale of real estate through its listing in a publication issued 
primarily for such purpose, or for referral of information concerning 
such real estate to brokers, or both. 

(c) The term "salesman" shall mean any person employed or 
engaged under contract by or on behalf of a licensed broker to participate 
in any activity included in paragraph (b) of this section for compensa- 
tion or otherwise. 

(d) The term "person" shall mean individuals, corporations, 
partnerships or associations, foreign and domestic. 



252 Chapter 222 [1959 

331-A :2 Exempted Classes. The provisions of this chapter shall 
not apply to an owner, builder or tenant of real estate or to his regular 
employees with respect to property owned or leased by him, or to a pro- 
spective purchaser or tenant of real estate or to his regular employees 
with respect to property sought to be acquired or leased by him, or to an 
attorney in fact under a duly executed power of attorney authorizing 
the consumation of a real estate transaction, or to an attorney at law in 
the performance of his duties as an attorney, or to an auctioneer selling 
at public auction, or to a public official in the conduct of his official duties, 
or to a person or his regular employees while such person is acting as a 
receiver, trustee, administrator, executor, conservator, guardian, or 
fiduciary, or while acting under court order, or while acting under the 
authority of a will, trust instrument, or other recorded instrument con- 
taining a power of sale. 

331-A :3 Prohibition. From and after the effective date of this 
chapter it shall be unlawful for any person to engage in or conduct 
directly or indirectly, or to advertise or hold himself out as engaging in 
or conducting the business, or acting in the capacity, of a real estate 
broker or real estate salesman within this state without first obtaining 
a license as such broker or salesman, as provided in this chapter. 

331-A :4 Applications for Licenses. Applications for licenses as 
broker or salesman shall be made to the commissioner of insurance, on 
forms prescribed by him, stating the age, sex, domicile and place of busi- 
ness of an individual applicant, and the place of incorporation and prin- 
cipal place of business of a corporate applicant; and shall be accom- 
panied by affidavits of three residents of the state, owners of real estate 
in the state, stating that the applicant is a person of good repute, trust- 
worthy, and entitled to public confidence ; a firm, partnership, association 
or corporation shall designate in its application the individual or in- 
dividuals who are to serve as brokers under regulation. Upon completion 
of the required fee, the commissioner of insurance shall issue the appro- 
priate license. 

331-A :5 Fees. The following license fees shall be charged and 
collected by the commissioner of insurance and shall be paid into the 
general fund of the state treasury: 

(a) For each original broker's license a fee of fifteen dollars, 
and for each annual renewal thereof, a fee of ten dollars ; 

(b) For each original salesman's license a fee of ten dollars, 
and for each annual renewal thereof, a fee of five dollars. 

331-A :6 Non-residents. Non-residents of this state may be 
licensed as brokers or salesmen in this state, provided that the state of 
their residence offers the same privileges to the licensed brokers and 
salesmen of this state. On making application such non-residents may 



1959] Chapter 222 253 

substitute for the required affidavits, proof that they are licensed brok- 
ers or salesmen in another state, and shall file an irrevocable consent and 
power providing that legal actions may be commenced against him in the 
proper court of any county of this state in which a cause of action may 
arise or in which the plaintiff may reside, by service of process or plead- 
ing authorized by the laws of this state, on the commissioner of insur- 
ance or his deputy, the consent or power stipulating that such service of 
process or pleading shall be taken in all courts to be valid and binding 
as if personal service had been made upon the non-resident in this state. 

331-A :7 Suspension or Revocation of License. The commissioner 
of insurance shall, upon complaint or his own motion, suspend the license 
of any broker or salesman who shall have been held liable for damages, 
by final judgment of any court, in any civil action at law or in equity for 
fraud, deceit or misrepresentation committed in and arising out of the 
conduct of his business as real estate broker or real estate salesman, or 
upon conviction of a felony committed in and arising out of the conduct 
of his business as real estate broker or real estate salesman. Said license 
shall be re-issued upon proof of satisfaction of any such judgment, filed 
with the commissioner of insurance, or in the event of the conviction 
of such a felony, on application, as hereinabove provided, but in no case 
sooner than one year from the date of such conviction. In the event of 
a second such judgment or conviction, after a prior such judgTnent or 
conviction for a different and separate such offense, the commissioner of 
insurance shall, upon his own motion, permanently revoke the license of 
any person found liable of or convicted of such second offense. The clerk 
of the court in which any such final judgment shall have been entered 
or any conviction recorded shall forthwith make return thereof to the 
commissioner of insurance giving the name of the defendant and the 
date of such judgment or conviction. 

331-A :8 Penalties. Any person acting as a broker or salesman 
without first obtaining a current license shall be guilty of a misdemeanor 
and upon conviction thereof, shall be punishable by a fine of not more 
than one hundred dollars. Upon conviction of a second or subsequent 
violation, the person shall be punishable by a fine of not more than five 
hundred dollars. 

222:2 Repeal; Use of Funds. RSA 331 relative to real estate 
licensing is hereby repealed provided that any balance of the unexpended 
balance of funds in the real estate registration fund provided by said 
RSA 331 shall be available to the insurance commissioner for the pur- 
pose of the preparation, printing, distribution and issuance of forms and 
registrations under the provisions of RSA 331-A and employment of 
necessary personnel therefor. Beginning March 1, 1960, the insurance 
commissioner is authorized to receive in advance applications for licenses 
and license fees for the year commencing July 1, 1960. The insurance com- 



254 Chapter 223 [1959 

missioner, with the approval of the governor and council, is authorized 
to employ necessary temporary assistants to process advance applica- 
tions between March 1 and July 1, 1960. 

222:3 Takes Effect. This provision of section 2 shall take effect 
as of March 1, 1960 and the remaining provisions of this act shall take 
effect as of July 1, 1960. 
[Approved August 11, 1959.] 
[Effective date: 

Section 2 — March 1, 1960. 

Remaining Provisions — July 1, I960.] 



CHAPTER 223. 

AN ACT RELATING TO UTILITY POLES. 

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

223 :1 Licensing Procedure. Amend paragraph V of RSA 254 :3 by 

striking out the same and inserting in place thereof the following: V. 
Provision of Licenses. The selectmen in such license shall designate and 
define the maximum and minimum length of poles, the maximum and 
minimum height of structures, the approximate location of such poles 
and structures and the minimum distance of v/ires above and of conduits 
and cables below the surface of the highway, and in their discretion the 
approximate distance of such poles from the edge of the traveled road- 
way or of the sidewalk, and may include reasonable requirements con- 
cerning the placement of reflectors thereon. Such designation and 
definition of location may be by reference to a map or plan filed with or 
attached to the petition or license. 

223:2 Loeatiooi of Poles. Amend paragraph II of RSA 254:3 by 

inserting at the end thereof the words : A permit shall not be granted 
to replace an existing utility pole on any public highway unless such re- 
placement pole is erected at least twenty feet from the surfaced edge or 
the edge of the public easement therein provided, however, that for good 
cause shown the selectmen may waive the twenty-foot requirem.ent, so 
that said paragraph as amended shall read as follows : II. Permits. 
The petitioner may petition such selectmen to grant a permit for such 
poles, structures, conduits, cables or wires. If the public good requires, 
the selectmen shall grant a permit for erecting or installing and main- 
taining such poles, structures, conduits, cables or wires. Such permit 
shall designate and define in a general way the location of the poles, 
structures, conduits, cables or wires described in the petition therefor. 
Such permit shall be effective for such term as they may determine, but 



1959] Chapter 223 255 

not exceeding one year from the date thereof, and may, upon petition, 
be extended for a further term not exceeding- one year. A permit shall 
not be granted to replace an existing utility pole on any public highway 
unless such replacement pole is erected at least twenty feet from the 
surfaced edge or the edge of the public easement therein provided, how- 
ever, that for good cause shown the selectmen may waive the twenty- 
foot requirement, 

223:3 Location of Poles. Amend RSA 254:10 by striking out the 
same and inserting in place thereof the following: 254:10 Interfer- 
ence with Travel. The location of poles and structures and of under- 
ground conduits and cables by the selectmen shall be made so far as 
reasonably possible so that the same and the attachments and appurte- 
nances thereto will not interfere with the safe, free and convenient use 
for public travel of the highway or of any private way leading therefrom 
to adjoining premises or with the use of such premises or of any other 
similar property of another licensee. The location of any such pole or 
structure or undergrounnd conduit or cable, when designated by the 
selectmen pursuant to the provision of this chapter shall be conclusive 
as to the right of the licensee to construct and maintain the same in the 
place located without liability to others except as is expressly provided 
in RSA 254:17 and 254:18. In no event shall any town or city or any 
official or employee thereof or of the state department of public works 
and highways be under liability by reason of the death of or damages 
sustained by any person or to apy property occasioned by or resulting 
from the location, construction, or maintenance of any pole, structure, 
conduit, cable, wire, or other apparatus in any highway, pursuant to the 
provisions of this chapter. 

223:4 Right to Remove. Amend RSA 254:15 by striking out the 
same and inserting in place thereof the following: 251:15 Unlicensed. 
If any such pole, or structure, or underground conduit or cable, or any 
attachment or appurtenance thereto, is wilfully placed or maintained in 
any highway without valid license therefor, it shall be removed upon de- 
m.and by the authority having jurisdiction to issue licenses pursuant to 
this chapter at the place where such pole, or structure, or underground 
conduit or cable, or any attachment or appurtenance thereto is located. 

223:5 Liability for Injuries. Amend RSA 254:18 by striking out 
the same and inserting in place thereof the following : 254 :18 To Party 
Injured. Any party receiving injury in his person or estate from any 
pole, or structure, or underground conduit or cable, or any attachment or 
appurtenance thereto within the highway limits may maintain an action 
for damages against the proprietor of the object causing such injury if 
such injury has been caused by the location of the object so as to inter- 
fere with the safe, free and convenient use of the highway, or by the 
negligent construction, operation or maintenance of such object; pro- 



256 Chapters 224, 225 [1959 

vided, however, that where a pole is unlicensed, the burden of proving 
that the object causing- injury did not interfere with the safe, free and 
convenient use of the highway, or that such object was not negligently 
constructed, operated or maintained shall be upon the proprietor of such 
object. The provisions of this section shall not apply to actions for 
damages based upon injuries occurring prior to the effective date 
hereof. 

223:6 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 11, 1959.] 
[Effective date October 10, 1959.] 



CHAPTER 224. 



AN ACT RELATIVE TO EMPLOYMENT OF MINORS UNDER LIQUOR AND 

BEVERAGE LAWS. 

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

224:1 Liquor and Beverage. Amend RSA 175:8 by striking out 
said section and inserting in place thereof the following: 175:8 Em- 
ployment of Minors. No licensee or permittee hereunder shall employ 
any minor, with or without compensation, to serve or otherwise handle 
liquor or beverage. Provided, however, that the holder of an off-sale per- 
mit may employ minors of not less than eighteen years of age when 
beverage is sold in the original container and delivered in the place of 
business of the seller, or at the vehicle of the buyer parked on or ad- 
jacent to the premises of the seller, and provided further that an adult 
person shall be in attendance during the time of such employment. 

224:2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 11, 1959.] 
[Effective date August 11, 1959.] 



CHAPTER 225. 



AN ACT RELATIVE TO REIMBURSEMENT FOR DAMAGES TO PRIVATE WATER 
SUPPLIES CAUSED BY STATE HIGHWAY OPERATIONS. 

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

225:1 State HighAvay Commissioner. Amend RSA 229 by insert- 
ing after section 11 the following new section : 229 :ll-a Private Water 



1959] CHAPTERS 226, 227 257 

Supplies. Whenever the commissioner shall determine, upon investi- 
gation, that privately owned water supplies have been destroyed or 
rendered unfit for use as such water supplies because of construction or 
maintenance operations on the state highway system he may authorize 
the use of highway funds to replace such water supplies or repair the 
damage to such supplies. 

225:2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 11, 1959.] 
[Effective date August 11, 1959.] 



CHAPTER 226. 



AN ACT RELATIVE TO MOTOR VEHICLE LICENSE PLATES ISSUED TO MEMBERS 

OF THE GENERAL COURT. 

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

226:1 Legislative Number Plates. Notwithstanding any other 
provisions of law any motor vehicle number plates issued to a member 
of the general court shall expire on the first Wednesday of January after 
the expiration of his term of office as such member, provided that if the 
member to whom such number plates have been issued is reelected as a 
members of the general court said plates shall be available for the terai of 
his reelection. 

226:2 Takes Effect. This act shall take effect as of January 1, 
1960. 

[Approved August 14, 1959.] 
[Effective date January 1, I960.] 



CHAPTER 227. 

AN ACT RELATING TO MOTOR CARRIERS OF PROPERTY. 

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

227:1 Fees. Amend RSA 375:8 by striking out said section and 
inserting in place thereof the following: 375:8 Fees. There shall be 
paid to the commission annually the following fees : I. For each appli- 
cation for registration certificate and number plates as a common carrier, 
five dollars; II. For each application for registration certificate and num- 
ber plate as a contract carrier, three dollars ; III. For each transfer of a 
motor vehicle registration certificate of a common or contract carrier of 



258 Chapter 228 [1959 

property, one dollar ; IV. A copy of said certificate and the number plates 
shall at all times be displayed on each motor vehicle to which they are 
assigned. Plates shall not be chang-cd from one vehicle to another with- 
out the consent of the commission. No certificate issued hereunder shall 
be effective after midnight upon the thirty-first day of March next 
following the date of its issue. 

227:2 Takes Elfect. This act shall take effect as of April 1, 1960. 
[Approved August 14, 1959.] 
[Effective date April 1, I960.] 



CHAPTER 228. 

AN ACT RELATIVE TO MOTOR VEHICLE WARRANTY CONTRACTS. 

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

228:1 Motor Vehicle Warranty Agreements. Amend the Revised 
Statutes Annotated by inserting after chapter 407 the following new 
chapter : 

Chapter 407-A 

Motor Vehicle Warranty Agreements 

407-A :1 Definition®. The following terms wherever used or re- 
ferred to in this chapter shall have the following meanings unless a 
different meaning clearly appears from the context : I. "Motor vehicle 
warranty agreement" shall mean any contract of warranty, guaranty, 
suretyship or otherwise relating to the replacement or repair of motor 
vehicles or parts thereof for a specific period, except contracts made by 
dealers or manufacturers incidental to the sale of motor vehicles covered 
by the contract where the dealer or manufacturer does not share the 
risk of loss with any other person. 

II. "Person" shall mean any person, firm, partnership, corpo- 
ration, association or any legal entity whatsoever. 

III. "Dealer" shall mean any person legitimately engaged in 
the business or vocation of selling motor vehicles. 

407-A :2 Insurance. Motor vehicle warranty agreements shall be 
considered to be contracts of insurance and any person making, selling or 
issuing such motor vehicle warranty agreements shall be deemed to be 
doing an insurance business and shall be subject to all applicable provi- 
sions of this title including RSA 402:57. Such agreements shall only be 
made, sold or issued by duly licensed insurance companies authorized to 
sell physical damage insurance. 



1959 [ Chapter 229 259 

407-A:3 Approved Form. No motor vehicle warranty agree- 
ment shall be issued or delivered until a copy of the form thereof has 
been filed with and approved by the insurance commissioner. The com- 
missioner within thirty days of the receipt of any motor vehicle warranty 
agreement filed with him for approval shall advise the licensee in writing 
of his approval or disapproval and in the event that he disapproves he 
shall specify the reasons therefor. No such agreement shall be approved 
by the commissioner if the coverage furnished by the agreement is not 
clearly and concisely stated nor if it contains provisions that are unjust, 
misleading or deceptive. No provision in any such agreement requiring 
that prior authorization of the licensee be obtained before repairs are 
made shall be a bar to recovery under such agreement if the licensee un- 
reasonably neglects or refuses to give authorization, nor shall any provi- 
sion vesting sole discretion for the need of replacement or repair in the 
licensee operate to bar recovery for repairs or replacements covered by the 
agreement. The commissioner shall establish such uniform standards for 
such agreements as he deems to be in the public interest. If the commis- 
sioner shall give written notice that the copy of the agreement filed does 
not comply with the requirements of this chapter of the standards 
established hereunder it shall thereafter be unlawful to issue any policy 
in such form. 

407-A:4 Penalty. Any person violating any provision of this 
chapter shall be fined not mo]'e than five hundred dollars or imprisoned 
not more than six months or both. 

228:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 14, 1959.] 
[Effective date October 13, 1959.] 



CHAPTER 229. 

AN ACT RELATIVE TO LIMITATIONS ON IN\^STMENTS OF SAVINGS BANK. 

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

229:1 Savings Bank Investments. Amend paragraph IV of RSA 
387 :3 by striking out said paragraph IV and inserting in place thereof the 
following: IV. Not exceeding eiglity-five per cent in aggregate of the 
deposits shall be invested in loans authorized by section 4 of this chapter 
provided, however, (1) that to the extent investments in such loans shall 
exceed in the aggregate seventy-five per cent of deposits an amount not 
less than such excess shall be invested either in that portion of mortgage 
obligations which is guaranteed by the Administrator of Veterans' Affairs 



260 Chapter 230 [1959 

under Title III of the Servicemen's Readjustment Act of 1944, as 
amended from time to time, or in mortgage obligations wholly guaran- 
teed under such title, or in mortgage obligations the payment of which 
is insured by the Federal Housing Commissioner or by the Secretary of 
Agriculture, and (2) that not exceeding ten per cent of the deposits shall 
be investd in loans secured by mortgages upon real estate outside of 
New England and not otherwise insured or guaranteed as provided in 
paragraphs IV and V of section 4 of this chapter. 

229:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 14, 1959.] 
[Effective date October 13, 1959.] 



CHAPTER 230. 



AN ACT PROVIDING FUNDS BY SALE OF BONDS TO REIMBURSE THE GENERAL 
FUND OF THE STATE FOR PAYMENT OF THE UTILITY FRANCHISE 

REFUND. 

Whereas, because of the fact that the supreme court declared the 
franchise tax provided by RSA 83 unconstitutional it was necessary to 
repay to certain utilities the sums illegally collected, and 

Whereas, said repayment was made from general funds, of the 
state, now therefore 

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

230:1 Appropriation. The sum of one million, three hundred and 
fifty-eight thousand two hundred and twenty-one dollars is hereby 
appropriated for the purpose of reimbursing the general funds of the 
state for payment of the utility franchise refund. 

230:2 Bond Issue. To provide funds for the purposes of section 1 
the state treasurer is hereby authorized, under the direction of the gov- 
ernor and council, to borrow upon the credit of the state not exceeding 
the sum of $1,358,000 and for said purpose 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, rate of in- 
terest, the date when interest shall be paid, the time or times of issue. 
The dates of maturity of said bonds and notes sliall not exceed twelve 
years, provided that the first payment of principal shall be July 1, 1961 
and the bonds and notes shall be paid off in ten payments. Such bonds 
or notes shall be signed by the treasurer and countersigned by tlie gov- 
ernor and shall be deemed a pledge of the faith and credit of the state. 



1959] Chapter 231 261 

The balance of $221 shall be a charge upon the general funds of the 
state. 

230:3 Payme'nt. The payment of principal and interest on bonds 
and notes issued for the purpose set forth in section 1 shall be made 
when due from the general funds of the state. 

230:4 Proceeds from Sale. The proceeds of the sale of said bonds 
or notes authorized by section 2 shall be paid out by the treasurer upon 
warrant drawn by the governor with advice and consent of the council 
for the purpose of reimbursement to the general funds of the state in 
the amount of $1,358,000. 

230:5 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. 

230:6 Short Term Notes. Prior to the issuance of the bonds or 
notes hereunder, the treasurer, under the direction of the governor and 
council, may for the purpose hereof borrow money from time to time on 
short term loans, which may be refunded by the issuance of the bonds 
or notes hereunder. Provided, however, that at no time shall the in- 
debtedness of the state on short term loans exceed $1,358,000. 

230:7 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. 

230:8 Takes Effect. This act shall take effect upon its passage. 
[Approved August 14, 1959.] 
[Effective date August 14, 1959.] 



CHAPTER 231. 

AN ACT RELATING TO TAKING FRESH WATER SMELT AND PICKEREL. 

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

231:1 Regulations. Amend RSA 211 by inserting after section 15 
the following new sections: 211:15-a Fresh Water Smelt. That sec- 



262 Chapter 232 [1959 

tion of Smith River above Main Street bridge in the town of Wolf eboro, 
county of Carroll, shall be open to the taking of fresh water smelt; and 
that section of Squam River between Little and Big Squam Lakes shall 
be open to the taking of fresh water smelt. 

211:15-b Pickerel. The daily bag limit for pickerel shall be ten 
fish not to exceed ten pounds in weight in any one day. 

211:15-0 Christine Lake. Christine Lake in the town of Stark, 
county of Coos, and its tributaries shall be closed to the taking of fresh 
water smelt and closed to all ice fishing. 

211:15-d Limitations. Any regulations of the fish and game 
director as may be inconsistent with the provisions of sections 15-a, 15-b 
and 15-c are hereby repealed to the extent of such inconsistencies. 

231 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 14, 1959.] 
[Effective date October 13, 1959.] 



CHAPTER 232. 



AN ACT RELATIVE TO DESTRUCTION OF CERTAIN RECORDS IN THE 
DEPARTMENT OF PUBLIC WELFARE. 

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

232:1 Board of Public Welfare. Amend RSA 161:5 by striking 
out said section and inserting in place thereof the following: 161:5 
Destruction of Certain Records. The board of public welfare may de- 
stroy, at the end of six years from the date of filing, reports, records and 
other documents in its office which in its opinion are no longer of any 
value to the state provided that payrolls covering payments to recipients 
of benefits under public welfare progi'ams and medical audits shall be 
held for a period of ten years from the date of filing or until such records 
have been audited. 

232:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 20, 1959.] 
[Effective date October 19, 1959.] 



1959] Chapters 233, 234 263 

CHAPTER 233. 

AN ACT TO ESTABLISH TIME AND ONE-HALF FOR OVERTIME WORK PERFORMED 
BY CERTAIN EMPLOYEES IN THE DEPARTMENT OF PUBLIC WORKS 

AND HIGHWAYS. 

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

233:1 New Chapter. Amend RSA by inserting after chapter 99- A 
(supp) as inserted by 1955, 157:1 the following new chapter: 

Chapter 99-B 

Employees of the Department of Public Works and Highways 

99-B:l Declaration of Purpose. It is hereby declared to be the 
purpose of this statute to grant to employees assigned to the various high- 
way patrol crews in the department of public works and highways certain 
privileges similar to those accorded their fellow workers in private in- 
dustr3^ 

99-B:2 Overtime Work. Employees assigned to the various 
highway patrol crews in the department of public works and highways 
shall, during the period from November 1 through March 31 each year, 
in addition to their regular compensation, be paid at the rate of time and 
one-half on a minute basis for all time worked in excess of eight hours 
during any one day. Such a day shall be defined as beginning at the time 
a man is required to report for duty and shall end at the time of final 
release. 

99-B:3 Exceptions. Overtime rates shall not be applicable to 
employees assigned to highway patrol crews in the department of public 
works and highways during any state of emergency declared by the gov- 
ernor and council. 

233:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 20, 1959.] 
[Effective date October 19, 1959.] 



CHAPTER 234. 

AN ACT ESTABLISHING THE HUMANE SLAUGHTER LAW. 

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

234:1 New Chapter. Amend RSA by inserting after chapter 575 
the following new chapter : 



264 Chapter 234 [1959 

Chapter 575-A 

Humane Slaug^hter Law 

575-A :1 Terms Defined. As used in this chapter the following 
words and phrases shall be construed as follows : 

I. The term "slaughterer" means any person, partnership, 
corporation or association regularly engaged in the slaughtering of live- 
stock : 

II. The term "livestock" means cattle, horses, swine, sheep, 
goats and other species of animals susceptible of use in the production of 
meat and meat products ; 

III. The term "humane method" means: 

(a) any method of slaughtering livestock which normally 
causes animals to be rendered insensible to pain by a single blow or shot 
of a mechanical instrument or by electrical, chemical or other means 
that is rapid and effective, before being shackled, hoisted, thrown, cast, 
or cut ; and 

(b) the method of slaughtering required by the ritual of the 
Jewish faith, whereby the animal suffers loss of consciousness by anemia 
of the brain caused by the simultaneous and instantaneous severance of 
the carotid arteries with a sharp instrument, provided that the method 
used in bringing the animal into position for slaughter causes no injury 
or pain which can be avoided without interfering with the requirements 
of ritualistic slaughter or without imposing unreasonable economic hard- 
ship. 

IV. The term "holding pens" means enclosures or yards where 
animals are held or handled before slaughtering. 

575-A :2 Prohibition. On and after June 30, 1960, no slaughterer 
may slaughter livestock except by a humane method. No person may 
handle livestock in connection with slaughter, or drive or transport them 
to holding pens or to place of slaughter except with a minimum of ex- 
citement and discomfort. Holding pens and transportation vehicles must 
be free from hazards which could cause suffering or pain. 

575-A :3 Penalty. Any slaughterer who by act or failure to act 
violates the provisions of this chapter shall be fined not more than one 
thousand dollars or imprisoned not more than one year, or both. 

575-A :4 Administration and Enforcement. The commissioner 
of agriculture shall administer the provisions of this chapter, promulgate 
such rules and regulations as may be necessary to carry this chapter into 
effect, and approve all methods of slaughter used under the terms of this 
chapter. He may, by administrative order, allow any person a single 
temporary exemption from compliance with any provision of this chap- 
tor for such period of time as he shall determine reasonable, not to ex- 



1959J Chapters 235, 236 265 

ceed one year. The commissioner of agriculture shall cause to be prose- 
cuted any slaughterer who fails to comply with the provisions of this 
chapter. Any officer or agent of any incorporated society for the preven- 
tion of cruelty to animals, upon being designated, in writing, for that 
purpose by the sheriff of any county in this state, may, within such 
county, at any time inspect the premises and operations of any slaugh- 
terer and, if he deems it advisable, request an investigation and appro- 
priate action by the commissioner of agriculture. 

234:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 20, 1959.] 
[Effective date October 19, 1959.] 



CHAPTER 235. 



AN ACT RELATIVE TO RECLASSIFICATION OF A ROAD IN THE TOWN OF 

RiNDGE. 

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

235:1 Rindge Road. That part of the Class V highway in the 
town of Rindge known as the Cathedral of the Pines road is hereby ex- 
tended from the Cathedral of the Pines to the Annett state reservation 
and such extension shall be classified as Class III highway. 

235 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 20, 1959.] 
[Effective date August 20, 1959.] 



CHAPTER 236. 



AN ACT RELATIVE TO HOSPITAL LICENSING AND HOSPITAL SURVEY AND 

CONSTRUCTION. 

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

236:1 Hospital Licensing. Amend RSA 151:2 by striking out said 
section and inserting in place thereof the following: 151:2 Require- 
ment for License. No hospital or other institution, building, residence, 
private home, or other place or part thereof, however named, whether 
operated for profit or not, which is advertised, offered, maintained or 
operated by the ownership or management for a period of not less than 



266 Chapter 236 [1959 

twenty-four hours per day, whether for a consideration or not, for the 
express or implied purpose of providing diagnosis or treatment, or 
medical, nursing, obstetrical, or other remedial or personal care or 
supervision for persons who are suffering from illness, injury, de- 
formity, or infirmity, shall be established, conducted, or maintained 
in this state without first obtaining a license therefor in the man- 
ner hereinafter provided. However, nothing herein shall be construed as 
requiring the licensing of facilities which are maintained and operated 
for the continuing care of one person; of facilities maintained and 
operated for the sole benefit of persons related to the owner or manager 
by blood or marriage within the third degree of consanguinity; or of 
facilities which may be exempted b.y rules lawfully promulgated here- 
under. 

236 :2 State Department of Health. Amend RSA 151 :7 by striking 
out said section and inserting in place thereof the following: 151:7 
Denial, Suspension or Revocation of Licenses. The state department of 
health shall issue licenses for the operation of facilities subject hereto 
which are found to comply with the provisions hereof and such rules, 
regulations and standards as are lawfully promulgated by said depart- 
ment. The state department of health may deny a license or may suspend 
or revoke licenses issued hereunder, on any of the following grounds : 

I. Non-compliance with any of the provisions of this chapter or 
the rules, regulations and standards lawfully promulgated pursuant 
thereto. 

II. Permitting, aiding or abetting the commission of any unlaw- 
ful act. 

III. Conduct or practices detrimental to the health or safetj^ or 
well-being of patients, residents or employees of said facilities, provided 
that this provision shall not be construed to have any reference to heal- 
ing practices authorized by law. 

236:3 Hospital Survey Law, Definitions. Amend paragraph IV of 
RSA 152:2 by striking out said paragraph and inserting in place thereof 
the following: IV. "Hospital" includes public health centers, diag- 
nostic or treatment facilities for ambulatory patients, general, tuber- 
culosis, mental, chronic disease and other types of hospitals, infirmaries, 
nursing homes, rehabilitation facilities, homes for the aged or infirm, 
health personnel training facilities and related facilities such as labora- 
tories, outpatient departments, administrative and central service 
facilities operated in connection therewith. 

236:4 Decisions. Amend RSA 151:15 by striking out said section 
and inserting in place thereof the following: 151:15 Judicial Review. 
Any applicant or licensee who is dissatisfied with the decision of the state 
department of health as a result of the hearing provided in section 8 



1959] Chapter 237 267 

may, within fifteen days after receiving- notice of the decision, appeal 
to the superior court of the county in which the applicant or licensee is 
located for judicial review of the decision. Thereupon the department 
shall promptly certify and file in the court the transcript of the hearings 
on which the decision is based, together with a true copy of any rule or 
regulation of the department involved in the decision. Findings of fact 
by the department shall be conclusive unless substantially contrary to 
the weight of the evidence but upon good cause shown the court may 
remand the case to the department to take further evidence, and the 
department may thereupon make new or modified findings of fact which 
shall likewise be conclusive unless substantially contrary to the weight 
of the evidence. The court shall have power to affirm, modify or reverse 
the decision of the department and may pass upon the validity of any 
rule or regulation involved in the decision alleged to be arbitrary or un- 
reasonable. Either the applicant or licensee or the department may appeal 
from the court's decision to the supreme court in the manner provided 
by the laws of the state. Pending final disposition of the matter the 
statics quo of the applicant or licensee shall be preserved. 

236:5 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 21, 1959.] 
[Effective date October 20, 1959.] 



CHAPTER 237. 



AN ACT AUTHORIZING THE SELECTMEN TO LAY OUT A LIMITED ACCESS 

HIGHWAY AT HAMPTON BEACH AND RELATIVE TO HIGHV^AYS IN 

THE TOV^N OF KINGSTON. 

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

237:1 Limited Access Highway at Hampton Beach. Notwith- 
standing any other provisions of law, the selectmen of the town of Hamp- 
ton are hereby authorized to lay out a limited access highway beginning 
at Glade Path, so called, (Church Street) in the town of Hampton and 
terminating at the Hampton river bridge. 

237:2 Definition. The limited access highway as authorized by 

section 1 is defined as a highway especially designed for through traffic 
and over, from or to which owners or occupants of abutting land or other 
persons have no right or easement or only a limited right or easement of 
access, light, air, or view by reason of the fact that their property abuts 
upon such limited access highway or for any other reason. 



268 Chapter 238 [1959 

237:3 Lay Out, Construction. In laying- out the limited access 
highway hereby authorized the selectmen of the town of Hampton shall 
have all the powers granted by RSA 236:2 to a commission authorized 
to lay out a limited access facility. The selectmen are authorized to 
regulate, restrict or prohibit access to said highway as to best serve the 
traffic for which the highway is intended. Said highway or alteration 
thereof shall be constructed with town, state or federal funds but shall 
be maintained as a Class V highway. 

237:4 Restrictions. The provisions of RSA 236:8, 9, 10 relative to 
exclusion of commercial enterprises, regulations and penalties shall, in 
so far as may be consistent herewith, apply to the limited access high- 
way hereby authorized. 

237:5 Road in Kingston. The road in the town of Kingston known 
as the Newton Junction Road shall hereafter be classified as a Class II 
highway, and the road known as the Country Pond Road in Kingston from 
Class II to Class V. 

237:6 Takes Effect. This act shall take effect upon its passage. 
[Approved August 21, 1959.] 
[Effective date August 21, 1959.] 



CHAPTER 238. 

AN ACT RELATING TO COMPENSATION FOR V^RONGFUL IMPRISONMENT. 

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

238:1 Governor, Council. Amend RSA 4 by inserting after section 
27 the following new section: 27-a Petition; Award. The governor 
with the advice and consent of the council is hereby authorized to receive 
petitions and make awards to any person who is wrongfully imprisoned 
and who has been granted a pardon on the ground that he is innocent 
of the crime for which he was convicted and imprisoned. On receipt of 
such petition the governor with the advice and consent of the council 
shall fix the amount of such award, which shall not exceed two thousand 
dollars a year for the period of such wrongful imprisonment and the total 
award shall not exceed four thousand dollars. If the governor and coun- 
cil shall find the amount authorized hereby to be inadequate compensa- 
tion they shall report this fact to the legislature and recommend an 
amount which they consider just and proper. The governor is hereby 
authorized to draw his warrant for the payment of any award made 



1959] Chapters 239, 240 269 

under the provisions of this section out of any money in the treasury 
not otherwise appropriated. 

238:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 21, 1959.] 
[Effective date October 20, 1959.] 



CHAPTER 239. 



an act providing for the classification of the waters of 

Squam Lakes. 

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

239 :1 Classification. On and after the effective date of this act the 
surface waters of Squam Lakes shall be classified in accordance with the 
provisions of RSA 149, as amended, as Class A waters. 

239 :2 Takes Effect. This act shall take effect as of September 1, 
1959. 

[Approved August 21, 1959.] 
[Effective date September 1, 1959.] 



CHAPTER 240. 

AN ACT RELATIVE TO BLIND PEDESTRIANS CROSSING WAYS. 

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

240:1 Protection of Blind Persons Crossing Ways. Amend RSA 
263:58 (supp) as amended by 1957, 184:1, by striking out said section 
and inserting in place thereof the following: 263:58 Care Required. 

Whenever a totally or partially blind pedestrian, guided by a guide dog 
or carrying in a raised or extended position a cane or walking stick which 
is white in color or white tipped with red, crosses or attempts to cross a 
way, the driver of every vehicle approaching the place where such 
pedestrian is crossing or attempting to cross shall bring his vehicle to 
a full stop, and before proceeding shall take such precautions as may be 
necessary to avoid injuring such pedestrian. Nothing contained in this 
section shall be construed to deprive any totally or partially blind per- 
son, not carrying such a cane or walking stick or not being guided by a 



270 Chapters 241, 242 [1959 

dog, of the rig-hts and privileges conferred by law upon pedestrians cross- 
ing ways. 

240:2 Takes Effect. This act shall take effect sixty days after 
passage. 

[Approved August 21, 1959.] 
[Effective date October 20, 1959.] 



CHAPTER 241. 

AN ACT RELATING TO THE EDUCATIONAL EXPENSES OF MINORS. 

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

241:1 Borrowing by Minors. Amend RSA 193 by adding at the 
end thereof the following new section: 193:26 Obligations of Minors. 
The fact of minority shall not affect the obligations of a person borrow- 
ing money from a university, college or technical institute, approved by 
the National Defense Student Loan Progi-am, whether or not the money 
borrowed originates from funds appropriated for said program; and the 
defense of infancy shall not be available to such person in any suit 
brought upon a note or other instrument evidencing such obligation. 

241:2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 21, 1959.] 
[Effective date August 21, 1959.] 



CHAPTER 242. 



AN ACT RELATIVE TO ASSESSMENT OF EXPENSES OF PUBLIC UTILITIES 
COMMISSION AGAINST CERTAIN PUBLIC UTILITIES. 

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

242:1 Expenses Excluded. Amend RSA 363-A:l (supp) as in- 
serted by 1955, 203 by inserting after the word "excluded" in line five 
of said section the words, the salaries of the commissioners and, and 
after the words "provisions of" in line six the words, RSA 365:37 and, 
so that said section as amended shall read as follows: 363-A:l 
Ascertainment of Expenses. The public utilities commission shall an- 
nually, after the close of the fiscal j^ear, ascertain the total of its ex- 
penses during such year incurred in the performance of its duties re- 
lating to public utilities as defined in RSA 363:2. In the determination 



1959] Chapter 242 271 

of such expenses, there shall be excluded the salaries of the commission- 
ers and expenses which have been or may be charged and recovered 
under the provisions of RSA 365:37 and RSA 365:38. 

242:2 Commission Expenses. Amend RSA 363-A:2 (supp) as in- 
serted by 1955, 203 by striking out the words "seventy-five thousand" in 
line two of said section and inserting in place thereof the words, one 
hundred thousand, so that said section as amended shall read as follows : 
363-A:2 Assessment. The expenses thus ascertained in an amount not 
exceeding one hundred thousand dollars, shall be assessed against the 
public utilities described in the foregoing section in the manner herein 
provided. The public utilities commission shall establish reasonable 
classifications of public utilities, and shall determine the share of its 
expenses attributable to each such class. Each such share shall be 
assessed against the several public utilities comprising the class in such 
proportion as the public utilities commission shall determine to be fair 
and equitable. 

242:3 Commission Investig-ations. Amend RSA 365:37 by strik- 
ing out the words "and salaries and expenses of all employees of the 
commission for the time actually devoted to said investigation" in lines 
ten, eleven and twelve of said section; by inserting after the word 
"salaries" in line twelve the words, or expenses, and by inserting after 
the word "commissioners" in lines twelve and thirteen the words, or of 
employees of the commission, so that said section as amended shall read 
as follows: 365:37 Expense of Investigations. Whenever any in- 
vestigation shall be necessary to enable the commission to pass upon any 
petition for authority to issue stocks, bonds, notes, or other evidence of 
indebtedness, for authority to operate as a public utility, to make ex- 
tensions into new territory, to discontinue service, to condemn property 
for flowage rights and dam construction, or for authority to sell, con- 
solidate, merge, transfer, or lease the plant, works, or system of any 
public utility, or any part of the same, the petitioner shall pay to the 
commission the expense involved in the investigation of the matters 
covered by said petition, including the amounts expended for experts, 
accountants, or other assistants, but not including any part of the 
salaries or expenses of the commissioners, or of employees of the com- 
mission or the fees of experts testifying as to values in condemnation 
proceedings. 

242:4 Rate Investigations. Amend RSA 365:38 by striking out 
the words "and the salaries and expenses of all employees of tlie com- 
mission for the time actually devoted to said investigation" in lines six 
and seven ; by striking out the words "of the commission" in line eight 
and inserting in place thereof the words, or expenses of the commission- 
ers or of employees of the commission, so that said section as amended 
shall read as follows: 365:38 — Rate Proceeding. Whenever any in- 



272 Chapter 243 [1959 

vestig-ation shall be necessary to enable the commission to pass upon the 
reasonableness of the rates or charges by a public utility, the utility, up- 
on order of the commission, shall pay to the commission its expenses in- 
volved in the investigation, including the amounts expended by it for 
attorneys, experts, accountants, or other assistants, but not including 
any part of the salaries or expenses of the commissioners or of employees 
of the commission; provided, that the amount charged to the utility by 
the commission in any such case shall not exceed three-quarters 
of one per cent of the existing- valuation of the utility investigated, such 
expenses with six per cent interest to be charg-ed by the utility to 
operating expenses and amortized over such period as the commission 
shall deem proper and allowed for in the rates to be charged by the 
utility. 

242:5 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 21, 1959.] 
[Effective date October 20, 1959.] 



CHAPTER 243. 

AN ACT PROVIDING FOR THE CLASSIFICATION OF CERTAIN SURFACE V^ATERS 
OF THE PEMIGEWASSET RIVER WATERSHED. 

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

243:1 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 and all its tributaries, in the town of Wood- 
stock, from their sources to the water supply intake for the village of 
Woodstock, Class A. 

II. Jackson Pond and Sky Pond and all their tributaries, and the 
outlet stream from Jackson Pond and all its tributaries, in the town of 
New Hampton, to the outlet of the water supply intake reservoir for the 
town of Ashland, Class A. 

III. Mountain Pond and Mountain Pond Brook and all their tribu- 
taries, in the towns of Meredith, New Hampton, and Sanbornton, to the 
outlet of the water supply intake for the town of New Hampton, Class A. 

IV. Pemigewasset River and all its tributaries, in the towns of 
Lincoln and Woodstock, from the dam (Parker's Dam) on the main 
stream immediately above North Woodstock Village to the confluence 
with East Branch Pemigewasset River, Class B-1. 



1959] Chapter 243 273 

V. Chance Pond Brook and all its tributaries and all other sur- 
face waters in the watershed, in the towns of Andover, Salisbury, and 
Franklin, from their sources to the crest of Emery Mill Dam in Franklin, 
Class B-1. 

VI. All tributaries to East Branch Pemig-ewasset River from the 
dam of tlie Franconia Paper Corporation (formerly Marcalus Manu- 
facturing Company) to the confluence of the East Branch with the Pemi- 
g-ewasset River, in the towns of Lincoln and Woodstock, from their 
sources to the East Branch, Class B-1. 

VII. East Branch Pemigewasset River, in the towns of Lincoln 
and Woodstock, from the dam of the Franconia Paper Corporation 
(formerly Marcalus Manufacturing Company), to confluence with the 
Pemigewasset River, Class D. 

VIII. Pemigewasset River from its confluence with East Branch 
Pemigewasset River in the town of Woodstock to the crest of the East- 
man Falls Dam in Franklin, Class D. 

IX. Baker River, in the town of Plymouth, from a point 300 feet 
upstream of the bridge abutment of the Plymouth to Woodsville branch 
of the Boston & Maine Railroad to confluence with the Pemigewasset 
River, Class D. 

X. Squam River, in the town of Ashland, from the outlet of 
Little Squam Lake to confluence with the Pemigewasset River, Class D. 

XL Newfound River, in the town of Bristol from the highway 
bridge on Route 3 A (Lake Street) between Chandler and Crescent 
Streets to confluence with the Pemigewasset River, Class D. 

XII. All tributaries to the Pemigewasset River hitherto unclassi- 
fied except those portions in paragraphs I, II, III, IV, V, VI, VII, 
VIII, IX, X, and XI, in the towns of Alexandria, Ashland, Bridgewater, 
Bristol, Campton, Center Harbor, Danbury, Ellsworth, Franklin, Groton, 
Hebron, Hill, Holderness, Meredith, Moultonborough, New Hampton, 
Orange, Plymouth, Rumney, Sanbornton, Sandwich, Thornton, Warren 
and Woodstock from the confluence of East Branch Pemigevv'asset River 
and the Pemigewasset River in the town of Woodstock to the crest of 
Eastman Falls Dam in Franklin, Class B-1. 

XIII. All other surface waters of the Pemigewasset River water- 
shed hitherto unclassified down to the crest of Eastman Falls Dam in 
Franklin, Class B-1. 

243:2 Compliance. Anything to the contrary in RSA 149:8, II, 
notwithstanding, any order for abatement of pollution in the water 
mentioned in paragraphs IV, VII, VIII, IX, X, and XI inclusive, shall be 
deemed to be complied with if the pollution is abated within a period of 
ten years from the effective date of this act ; and provided, however, that 
at any time within the compliance periods granted hereunder it becomes 
apparent that full compliance with the adopted classifications will not be 



274 Chapter 244 [1959 

attained by the end of such periods due to the failure of any person to 
take action reasonably calculated to secure abatement of the pollution 
within the time specified, the commission shall notify such person or 
persons in writing. If such person or persons shall fail or neglect to take 
appropriate steps to comply with the classification requirements within 
a period of thirty days after such notice, the commission shall seek appro- 
priate action in the courts of the state. 

243:3 Takes Effect. This act shall take effect as of September 1, 
1959. 

[Approved August 22, 1959.] 
[Effective date September 1, 1959.] 



CHAPTER 244. 



AN ACT TO INCREASE AND STABILIZE THE HIGHWAY MAINTENANCE 
ALLOTMENT BY THE STATE. 

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

244:1 State Highway Aid. Amend RSA 241 :11 (supp) as amended 
by 1955, 311:8 by striking out said section and inserting in place thereof 
the following new section: 241:11 Maintenance and Allotment by 
State. In addition to any funds hereinbefore apportioned for con- 
struction and reconstruction purposes, the commissioner, in the month 
of July in each year, shall allot to each town a sum sufficient, when added 
to the amount which would be derived by a tax of eleven cents on each 
one hundred dollars of the town's last equalized valuation, to equal one 
hundred seventeen dollars for each mile of regularly maintained class V 
highway in such towns, except that for any year in which the total 
allocated to the towns under this formula shall be less than two hundred 
thousand dollars, the commissioner shall use such other figure in place 
of the one hundred seventeen dollars for each mile of regularly main- 
tained class V highway as may be necessary to make the total allotment 
not less than two hundred thousand dollars. The sums so allotted shall 
be used for the care and maintenance of class V highways and for no 
other purposes, under the supervision of the commissioner, and shall be 
expended in accordance with specifications provided by the commissioner 
under the direction of a person or persons appointed by the selectmen of 
the town. 

244:2 Takes Effect. This act shall take effect July 1, 1960. 
[Approved August 26, 1959.] 
[Effective date July 1, I960.] 



1959] Chapters 245, 246 275 

CHAPTER 245. 

AN ACT RELATIVE TO' VERIFICATION OF INDIVIDUAL SAVINGS DEPOSIT BOOKS. 

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

245:1 Verification of Deposit Books. Amend RSA 386:21 (supp) 
as amended by 1957, 258:2 by striking out said section and inserting in 
place thereof the following new section: 386:21 Verificiition. At 
least once in every five years every savings bank, cooperative bank and 
building and loan association shall, at its own expense, to such extent 
and in such manner as the commissioner shall prescribe, cause to be con- 
ducted a verification of all individual deposit books or due books of share- 
holders with the books of the bank or association and a trial balance 
made of the depositors' ledgers of such bank or association. 

245:2 Duty of Depositors. Amend RSA 386:22 by striking out 
said section and inserting in place thereof the follo^ving: 386:22 
Depositor's Duty. It shall be the duty of every depositor in any savings 
bank and cooperative bank and of every shareholder of any building and 
loan association to present his book for verification with the books of 
the bank or association, when notified so to do. 

245:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved August 26, 1959.] 
[Effective date October 25, 1959.] 



CHAPTER 246. 

AN ACT RELATIVE TO CURRICULUM TO BE TAUGHT IN HIGH SCHOOLS. 

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

246:1 School Districts. Amend RSA 194:23 by striking out said 
section and inserting in place thereof the following : 

194:23 Definition of High School. The term "high school" 
shall mean a school, academy or literary institution offering a course of 
studies for four years in such subjects (a) as are generally required to 
be offered by students for admission to colleges, technical schools and 
teachers colleges as determined by the state board of education and (b) 
those prescribed by statute including reasonable instruction in the con- 
stitutions of this state and of the United States and (c) such other sub- 
jects as the school district maintaining such school may determine by its 
school board or by vote of the district. Such school shall also comply with 



276 Chapter 246 [1959 

standards prescribed by the state board of education which shall be 
uniform in their application to all schools, with respect to teaching- the 
offered course of studies and to facilities and equipment used and main- 
tained to offer such course of studies. 

246:2 High Schools. Amend RSA 194 by inserting after section 
23 the following new sections: 

194:23-a Definition of Comprehensive High School. The term 
"comprehensive high school" means a school, academy or literary insti- 
tution offering a course of studies for four years for students, who have 
completed eight years of grammar school or its equivalent, including 
subjects prescribed by the state board of education and by statute in- 
cluding reasonable instruction in the constitutions of this state and of 
the United States. Such school shall also comply with standards pre- 
scribed by the state board of education which shall be uniform in their 
application to all schools, with respect to the teaching of such course of 
studies and the facilities and equipment used or maintained to offer such 
course of studies. 

194:23-b Approval of 'High Schools and Comprehensive High 
Schools. In order to satisfy compulsory school attendance laws a high 
school student less than sixteen years old must attend a high school or a 
comprehensive high school which has been approved by the state board 
of education as complying with the provisions of section 23 or section 
23-a, or their equivalent ; and the state board of education shall annually 
publish a list of all high schools and comprehensive high schools which 
it has approved as meeting the requirements of section 23 or section 23-a. 

194:23-0 Standards and Uniformity. The state board of edu- 
cation shall have the power to approve for a reasonable period of time a 
high school or a comprehensive high school although it does not fully 
meet the requirements of section 23 or 23-a if in its judgment the 
financial condition of the school district or other pertinent circumstances 
justify delay in full compliance. 

194 :23-d State Financial Aid. A high school or a comprehensive 
high school must be approved by the state board of education in order 
to qualify the district or cooperative school district maintaining such 
school to receive any form of financial state aid to education for high 
schools or pupils in attendance thereat which are now or which may 
hereafter be provided by the general court of this state. A school district 
or a cooperative school district maintaining an approved high school 
shall also, in order to qualify for such state financial aid, appropriate 
sufficient funds to meet the cost of tuition for such high school pupils as 
reside in its school district as desire to attend an approved comprehen- 
sive high school due to the fact such approved comprehensive high school 
offers courses better suited to the needs and capabilities of said pupils. 



1959] Chapters 247, 248 277 

Any person having the custody of a high school student desiring to 
attend an approved comprehensive high school may apply to the state 
board of education for relief if such person is dissatisfied with the action 
of the school board and the state board after notice to the school board 
may order such pupil to attend an approved comprehensive high school 
and the school district of residence of such pupil shall be liable for the 
cost of tuition. 

194:23-6 Receipt of Tuition Students. In order to be entitled 
to accept tuition students a public high school or a public comprehensive 
high school must be approved by the state board of education as comply- 
ing with the provisions of section 23 or 23-a. 

246:3 Takes Effect. This act shall take effect upon its passage. 
[Approved August 26, 1959.] 
[Effective date August 26, 1959.] 



CHAPTER 247. 

The uniforai commercial code was enacted August 27, 1959. By the 
terms of said act the text was not to be printed as a part of the Laws of 
the 1959 session. It is not to be cited as a chapter of the Laws of 1959 
but rather as RSA chapter 283-A. See also Note at the end of the Public 
Laws in this volume. 



CHAPTER 248. 

AN ACT RELATING TO THE INSTALLATION OF APPLIANCES. 

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

248:1 Plumbers. Amend RSA 330:9 by striking out the same and 
inserting- in place thereof the follovdng: 330:9 Exceptions to Licens- 
ing Requirements. The licensing provisions of this chapter shall not 
apply to employees of public water supply departments and com- 
panies and public sewerage departments, when working in the discharge 
of their duties under such departments, nor to vendors of new appliances 
at retail, or their employees, when engaged in connecting such appliances 
to an existing water supply system within a building. 

248:2 Takes Effect. This act shall take effect upon its passage. 
[Approved August 27, 1959.1 
[Effective date August 27, 1959.] 



278 Chapter 249 [1959 

CHAPTER 249. 

AN ACT MAKING TEMPORARY APPROPRIATIONS FOR THE EXPENSES AND 
ENCUMBRANCES OF THE STATE OF NEW HAMPSHIRE. 

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 August 31, 1959, and prior to the passage 
of said budget act, now therefore 

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

249:1 Appropriation. There is hereby appropriated for the gen- 
eral expenses and encumbrances of the state government during the 
month of September 1959 the sum of fifteen million eight hundred thirty 
thousand dollars, or so much thereof as may be necessary, to be ex- 
pended and encumbered in the manner hereinafter provided, that is to 
say five million dollars from general funds; one million two hundred 
thousand dollars from special funds; one hundred thirty thousand 
dollars from fish and game funds; and nine million five hundred thou- 
sand 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 tlie case of special funds, 
out of any such special funds. The director of the division of accounts is 
authorized, as provided by RSA 8:13 to maintain a system of en- 
cumbrance accounting to control expenditures and commitments within 
the amounts appropriated in this section. Such expenditures and en- 
cumbrances shall be a charge upon the respective appropriations to be 
made subsequently by the legislature for the fiscal year ending June 30, 
1960. 

249:2 Expenditure and Encumbrance of Funds. The expendi- 
ture and encumbrance of funds provided by section 1 hereof shall be 
made at the rate and in the manner set forth in the proposed budget as 
submitted to the 1959 legislature by the governor, unless otherwise 
authorized by the governor with the advice and consent of the council. 

249:3 Provisions of Law. The provisions of RSA 9 and the pro- 
visions of any other statute inconsistent with the provisions of sections 1 
and 2 are hereby suspended to the extent of such inconsistencies dur- 
ing the time such sections are in efl'ect. 

249:4 Additional Appropriations. The provisions of sections 1, 2 
and 3 shall apply to the departments of planning and developm.ent and 
forestry and recreation as well as to other departments. In addition to 



1959] Chapter 250 279 

the appropriations provided in section 1 there are hereby appropriated 
the following- sums for the month of September, 1959 : 

For New Hampshire port authority $1,000 

For general expenses of the leg-islature $100,000 
For planning- and development for Montreal 

office $1,700 

For milk control board $1,500 

The governor with the advice and consent of the council is authorized to 
draw his warrants for the sums appropriated under this section, or so 
much thereof as may be necessary, out of any money in the treasury not 
otherwise appropriated. The expenditures for such additional appropri- 
ations shall be a charge upon the respective appropriations to be made 
subsequently by the leg-islature for the fiscal year ending June 30, 1960. 

249:5 Temporary Personnel. Notwithstanding chapter 238, Laws 
of 1957, provided funds are available, departments and institutions are 
authorized to employ temporary personnel until September 30, 1959. 

249:6 Governor's I/egal Coonsel. There is hereby appropriated for 
the salary of the governor's legal counsel during the month of Septem- 
ber 1959 the sum of eleven hundred dollars, or so much thereof as may 
be necessary; and the governor is authorized by and with the advice 
and consent of the council to draw his warrant for the sum necessary 
for said appropriation out of any money in the treasury not otherwise 
appropriated. 

249:7 Takes Effect. This act shall take effect as of September 1, 
1959 and shall continue in effect until October 1, 1959, unless the appro- 
priation acts for the ensuing biennium are sooner enacted in which event 
the appropriations herein provided shall thereupon lapse. 
[Approved August 27, 1959.] 
[Effective date September 1, 1959.] 



CHAPTER 250. 



AN ACT RELATIVE TO REIMBURSEMENT OF GENERAL FUNDS FOR 
EXPENDITURES FOR THE FISH AND GAME DEPARTMENT. 

Be it enacted by the Senate and H(mse of Representatives in General 
Court convened: 

250:1 Fish and Game Department. The sum of twenty-five thou- 
sand four hundred and thirty-three dollars and eighty-five cents is hereby 
appropriated to be credited to the general fund in reimbursement of ex- 
penditures made from said fund for the fish and game department in 



280 Chapter 251 [1959 

accordance with the provisions of 1951, 254:2. The appropriation here- 
under shall be a charge upon the fish and game fund and the authority 
granted by 1951, 254 to issue bonds or notes for the purposes of section 
2 of said chapter is hereby repealed. 

250 :2 Takes Effect. This act shall take effect upon its passage. 
[Approved September 8, 1959.] 
[Effective date September 8, 1959.] 



CHAPTER 251. 

AN ACT RELATIVE TO TECHNICAL INSTITUTES. 

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

251:1 Technical Institutes. Amend RSA 188:7 by striking out 
said section and inserting in place thereof the following: 188:7 Build- 
ing Projects Revolving Fund. There is hereby established to be admin- 
istered by the state department of education a state revolving fund to be 
known as the building projects revolving fund. The moneys in said fund 
shall be used for the purpose of carrying on building construction 
projects, including acquisition of real estate entered into by the technical 
institutes. The construction projects authorized hereunder shall be gov- 
erned by the following rules: (1) The technical institutes shall be per- 
mitted to construct small dwellings as a part of the instructional program 
for students enrolled in the building construction curriculum. (2) No 
more than two such dwellings may be in the process of construction at 
the same time. (3) After completion of a dwelling no other dwelling 
may be started until the completed unit has been sold as hereinafter 
provided. When any dwelling hereunder is completed the state board of 
education through its authorized representative, the director of technical 
institutes, shall provide for and execute the sale of said building either 
at auction or by sealed bids. Funds received from the sale of a dwelling 
under authority hereof shall be credited to the revolving fund thereby 
maintaining the revolving fund at an amount not to exceed eighteen 
thousand dollars. The excess, if any, shall be paid into the general funds 
of the state. 

251:2 Appropriatiom. The sum of twelve thousand dollars is here- 
by appropriated to be credited to the building projects revolving fund. 
The governor is authorized to draw his warrants for the sum hereby 
appropriated out of any money in the treasury not otherwise appropri- 



1959] Chapter 252 281 

ated. The sum hereby credited to said revolving fund shall be in addition 
to the amount of six thousand dollars already in said fund. 

251:3 Takes Effect. This act shall take effect upon its passage. 
[Approved September 8, 1959.] 
[Effective date September 8, 1959.] 



CHAPTER 252. 

AN ACT RELATIVE TO REPORTS OF INCOME BY CERTAIN COUNTY AND 

MUNICIPAL OFFICERS. 

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

252 :1 County and Municipal Officers. Amend RSA 30 :5, 5-a and 6 

(supp) as amended by 1957, 64:1 by striking out the same and inserting 
in place thereof the following: 30:5 Report of Income by Certain 
County and Municipal Officers. Every justice of a probate court, 
register of deeds, register of probate, justice and clerk of a municipal 
court, and clerk of a superior court on or before April first of each year 
shall file with the secretary of state a statement of his income as such 
officer for the preceding year. Such statement shall show the income and 
operating expenses for each type of work. Every sheriff and deputj'' sheriff 
on or before April first of each year shall file with the secretary of state 
a statement of his income as such officer for the preceding year. Such 
statement from sheriffs shall show the income from salary, court attend- 
ance, criminal investigation and service of civil process, together with 
operating expenses. All statements hereunder shall be under oath on 
forms prepared by the secretary of state and when filed with the secre- 
tary of state shall be open to the inspection of any interested party. The 
word "justice" as used herein shall not include a special justice of a 
municipal court. Any officer who has received income of less than one 
hundred dollars may file a sworn statement to that effect in lieu of the 
itemized statement herein required. 

30: 5-a Supervision. Tt shall be the duty of the attorney general 
to examine the reports required to be filed by section 5 to see that the 
law has been complied with. 

30:6 Penalty. Whoever fails to file the report required by sec- 
tion 5 within the time limitation therein set fortli, or neglects or re- 
fuses to itemize the statement as required thereunder, without just or 
reasonable cause, shall forfeit the sum of five dollars for each day in 
default. The attorney general is authorized to collect the sums hereby 
forfeited and pay the same over to the treasurer of the county or munici- 



282 Chapter 253 [1959 

pality of which said person in default is an officer. If the sums are not 
so paid to the attorney general when demanded he may bring- suit in the 
superior court to compel the payment thereof. 

252 : 2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 8, 1959.] 
[Effective date November 7, 1959.] 



CHAPTER 253. 

AN ACT RELATIVE TO INVESTMENTS OF COMMON TRUST FUNDS. 

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

253:1 Investments Authorized. Amend RSA 31:27 by inserting 
after the word "banks" in the twelfth line the following words, or in the 
savings department of a national bank or trust company in this state, 
or in shares of any building and loan association or co-operative bank, 
incorporated and doing business under the laws of this state, or in the 
shares of any federal savings and loan association, located and doing 
business in this state, or in, so that said section as amended shall 
read as follows : 31 :27 Collective Investments. Notwithstanding any 
statute or rule of law to the contrary, town and city trustees of trust 
funds may establish, maintain and operate one or more common trust 
funds, in which may be combined money and property belonging to the 
various trusts in their care, for the purpose of facilitating investments, 
providing diversification and obtaining reasonable income; provided how- 
ever, that said common trust funds shall be limited to the investments 
authorized in section 25 of this chapter; provided further, that not more 
than ten thousand dollars, or more than ten per cent of the fund which- 
ever is greater, of any town or city common trust funds shall be invested 
under section 25 in the obligations of any one corporation or organi- 
zation, excepting deposits in savings banks, or in the savings department 
of a national bank or trust company in this state, or in shares of any 
building and loan association or co-operative bank, incorporated and do- 
ing business under the laws of this state, or in the shares of any federal 
savings and loan association, located and doing business in this state, or 
in obligations of the United States and of the state of New Hampshire and 
its subdivisions; and provided further, that the participating contribu- 
tory interests of said trusts are properly evidenced by appropriate book- 
keeping entries showing on an annual basis the capital contribution of 
and the profits and income allocable to each trust. 



1959] Chapter 254 283 

253 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 8, 1959.] 
[Effective date November 7, 1959.] 



CHAPTER 254. 



AN ACT RELATING TO FISH AND GAME LICENSES FOR RESIDENTS OVER 
SEVENTY YEARS OF AGE, STAMPS FOR LICENSES AND ACCOUNTING 

BY AGENTS. 

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

254:1 Fish and Game Licenses. Amend RSA 214 by inserting 
after section 7 the following new section: 214:7-a Persons Over 
Seventy Years of Age. Any resident of this state who is seventy years 
of age or over may make application, to any authorized agent of the state 
for the sale of fishing and hunting licenses, for a special license to fish 
and hunt, under the restrictions of this title. Such license shall be marked 
in such manner as the director may designate and there shall be no fee 
for such license. 

254:2 Stamps. Amend RSA 214:8 (supp) as amended by 1955, 
277:2 by striking out said section and inserting in place thereof the 
following: 214:8 Form. The director shall prepare books containing 
consecutively numbered licenses in triplicate. Such license, when issued 
to the licensee, shall bear the date of issuance, and shall contain the 
name, age, color of hair and eyes, and residence of the licensee and such 
other information as may be requested by the director. Such licenses, to 
be valid, must have affixed thereto a fish stamp for fishing licenses, a 
game stamp for hunting licenses and a fish and game stamp for combina- 
tion licenses. Such stamps shall be affixed to the back of the license and 
validated by the signature of the licensee over the face of the stamp in 
ink. In addition the license must be countersigned by the licensee on the 
face of the license in the space provided. The requirements of this section 
for a stamp do not apply to licenses issued to a resident of this state 
who is seventy years of age or over, to licenses issued to aged perons as 
defined in RSA 214:6, or to licenses issued to nonresidents to hunt. 

254:3 Fee. Amend RSA 214:15 by striking out said section and 
inserting in place thereof the following: 214:15 Agent's Accounting. 

The agent shall collect from the licensee a fee of twenty-five cents for 
each license issued and shall account to the director for the full face value 
of the licenses. He shall on the first day of each month, pay to the director 
the full face value of all licenses sold and shall report the names and 
addresses of all persons to whom licenses have been sold and such other 



284 Chapters 255, 256 [1959 

information as may be requested on blanks to be furnished by the 
director. The agent shall collect from the licensee one dollar for each fish 
or game stamp as outlined in RSA 214:8. Any monies so derived shall be 
paid to the director as outlined above. 

254:4 Takes Effect. This act shall take effect January 1, 1960. 
[Approved September 8, 1959.] 
[Effective date January 1, I960.] 



CHAPTER 255. 

AN ACT RELATIVE TO FUNDS FOR THE PAYMENT OF WORKMEN'S 
COMPENSATION TO STATE EMPLOYEES. 

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

255:1 Source of Funds. Amend RSA 281:6 by striking out the 
same and inserting in place thereof the following : 281 : 6 — Payment of 
Awards. The governor is hereby authorized to draw his warrant for the 
payment of such sum or sums as may be provided under the provisions of 
section 5 and the same shall be charged to funds not otherwise appro- 
priated, except that if the injured person was employed in a department 
or agency which has received a legislative appropriation for this pur- 
pose, the same shall be charged to that department or agency. The 
comptroller shall keep a record of the sums charged against funds not 
otherwise appropriated as hereinbefore provided, and shall report the 
same to the general court, together with a statement of the agency or de- 
partment or function properly chargeable. The general court shall, there- 
upon, by legislation, direct the transfer from the appropriate special 
funds of such amounts as, in its discretion, should be so transferred, for 
the reimbursement of the general fund. 

255:2 Takes Effect. This act shall take effect July 1. 1959. 
[Approved September 8, 1959.] 
[Effective date July 1, 1959.] 



CHAPTER 256. 



an act relative to an interstate school district between 
Hanover, New Hampshire and Norwich. Vermont. 

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

256:1 Negotiation of Compact Authorized. The commissioner of 
education is authorized to consult with the commissioner of education of 



1959] Chapters 257, 258 285 

the state of Vermont and to prepare a compact or legislation relative to 
the creation, operation and dissolution of an Interstate School District to 
include the town of Hanover, New Hampshire and the town of Norwich, 
Vermont. The same authority is hereby conferred relative to any other 
New Hampshire and Vermont school districts. No such compact or legis- 
lation shall become effective to obligate the state of New Hampshire or 
any of its towns or school districts until it shall have been approved by 
the general court and by the United States Congress. 

256:2 Takes Effect. This act shall take effect upon its passage. 
[Approved September 8, 1959.] 
[Effective date September 8, 1959.] 



CHAPTER 257. 



AN ACT PROVIDING FOR ADDITIONAL FACILITIES AT MOOSE BROOK 

STATE PARK. 

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

257:1 Moose Brook State Park. The sum of fifteen thousand 
dollars is hereby appropriated for the purpose of constructing additional 
recreational facilities at Moose Brook in the town of Gorham. The sums 
liereby appropriated shall be expended under the direction of the recre- 
ation division of the forestry and recreation commission, 

257:2 Continuing Appropriation. The sum appropriated by sec- 
tion 1 of this act shall be a continuing appropriation and shall not lapse. 
Said sum shall be paid out of funds not otherwise appropriated. 

257:3 Takes Effect. This act shall take effect upon its passage. 
[Approved September 8, 1959.] 
[Effective date September 8, 1959.] 



CHAPTER 258. 



AN ACT IMPOSING A SERVICE FEE ON COMMON CARRIERS 01' 
PASSENGERS BY AIR. 

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

258:1 Matching Funds. Amend 1957, 319:1, by striking out said 
section and inserting in place thereof the following new section: 319:1 
Airport Aid and Development Program. The sum of three hundred thou- 



286 Chapter 258 [1959 

sand dollars is hereby appropriated to be expended as needed by the 
aeronautics commission (1) for the purpose of equal matching of town 
or city funds for the development of airports with federal aid under the 
federal aid airport program at airports which regularly accommodate 
common carriers of passengers for hire by aircraft on a regular schedule 
or (2) for equal matching of town or city funds on state /local projects 
and for equal matching of federal funds on state/federal projects, for the 
development of airports, as defined under the Federal Aid Airport Pro- 
graan, by state contributions not in excess of twenty-five thousand dollars. 
For the purposes hereof the words town or city shall be held to mean and 
include a legally constituted airport authority. Of the sum hereby appro,- 
priated, fifteen thousand dollars may be used as needed for consultant 
and engineering services without being required to be matched by town 
or federal funds. 

258:2 Fee Imposed. Amend RSA 422 by adding at the end there- 
of the following new sections: 422:43 Service Fee on Carriers. 

Every person, firm or corporation engaged in this state, whether in inter- 
state or intrastate operations, in the business of common carrier of 
passengers for hire by aircraft on a regular schedule, hereinafter in this 
section referred to as a passenger carrier by aircraft, who uses in con- 
nection with such business a public landing area which, subsequent to 
October 1, 1959, shall be constructed, operated or maintained, in whole 
or in part, through or with funds contributed by the state, under the 
authority of 1957, 319:1, as hereinabove amended, shall pay a service 
charge of one dollar with respect to each passenger emplaning upon its 
aircraft at any such landing area. Each passenger carrier by aircraft 
subject to the provisions of this section shall file with the commission, 
upon a form prescribed by the commission, on or before the fifteenth 
day of each month, a return showing the number of passengers for hire 
emplaning upon the aircraft of such passenger carrier by aircraft at each 
such landing area during the preceding calendar month, together with 
such other pertinent information as the commission shall require, and 
shall remit with the return the service fees imposed hereby. Upon audit of 
the return the commission shall forward the service fees to the state 
treasurer who shall cover the same into the aeronautical fund established 
by RSA 422:42. Nothing herein shall prevent a passenger carrier by 
aircraft from collecting, directly or indirectly, the service fee payable 
with respect to each passenger from such passenger. The service fee 
herein provided for shall be due and payable, with respect to any landing 
area from and after the date of the first receipt of funds from the state 
for the construction, operation or maintenance of any such public landing 
area. If any person, firm or corporation subject to the provisions of this 
section shall fail or neglect to pay the fees imposed thereby, the same 
may be collected by the attorney general through civil proceedings in any 
appropriate tribunal. 



1959] Chapter 259 287 

422:44 Carriers under Contract or By Charter. Every person, firm 
or corporation, eng-aged in this state, whether in interstate or intrastate 
operations, in the carriage of passengers by aircraft for hire on a 
contract or charter basis, hereinafter in this section referred to as a 
passenger carrier by aircraft under contract, who uses in connection with 
such business a pubhc landing area or areas which, subsequent to Octo- 
ber 1, 1959, shall be constructed, operated or maintained, in whole or in 
part, through or with funds contributed by the state, under the author- 
ity of 1957, 319:1 as hereinabove amended, shall pay a service fee of one 
dollar with respect to each passenger emplaning upon its aircraft at any 
such landing area. Each passenger carrier by aircraft under contract 
subject to the provisions of this section shall file with the commission, 
upon a form prescribed by the commission, on or before the fifteenth day 
of each month, a return showing the number of passengers for hire em- 
planing upon the aircraft of such passenger carrier by aircraft under 
contract at each such landing area during the preceding calendar month, 
together with such other pertient information as the commission shall 
require, and shall remit with the return the service fees imposed hereby. 
Upon audit of the return the commission shall forward the service fees 
to the state treasurer who shall cover the same into the aeronautical 
fund established by RSA 422:42, Nothing herein shall prevent a passen- 
ger carrier by aircraft under contract from collecting, directly or in- 
directly, the service fee payable with respect to each passenger from 
such passenger. The service fee herein provided for shall be due and 
payable, with respect to any landing area, from and after the date of 
the first receipt of funds from the state for the construction, operation 
or maintenance of any such public landing area. If any person, firm or 
corporation subject to the provisions of this section shall fail or neglect 
to pay the fees imposed thereby, the same may be collected by the 
attorney general through civil proceedings in any appropriate tribunal. 

258:3 Takes Effect. This act shall take eifect as of October 1, 
1959. 

[Approved September 8, 1959.] 
[Effective date October 1, 1959.] 



CHAPTER 259. 

AN ACT RELATIVE TO LIQUOR LICENSES FOR CERTAIN CORPORATIONS 
OPERATING GOLF CLUBS. 

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

259 :1 Liquor Licenses. Amend RSA 178 :8 by striking out said sec- 
tion and inserting in place thereof the following: 178:8 Clubs. In towns 



288 Chapter 260 [1959 

which have accepted the provisions of this title, clubs afliliated with a 
national fraternal organization, or a corporation organized to operate a 
golf club which club shall have at least a nine-hole golf links, and being 
established for not less than one year, may be entitled to a license for 
the sale of liquor by glass only to members and bona fide guests in said 
club under rules laid down by said commission. 

259:2 Takes Effect. This act shall take effect upon its passage. 
[Approved September 8, 1959.] 
[Effective date September 8, 1959.] 



CHAPTER 260. 



AN ACT AUTHORIZING THE ESTABLISHMENT OF A BRANCH BANK 

IN PENACOOK. 

Whereas, the governor's committee on The Valley Trust Company 
has reasonable cause to believe that if legislation is enacted authorizing 
the establishment of a branch bank in the village of Penacook, the bank 
commissioner, in liquidating the affairs of The Valley Trust Company, 
will realize from a sale of its assets one hundred and fifty thousand dollars 
in excess of the amount he would otherwise be able to realize therefrom, 
thus minimizing the loss to depositors, now therefore. 

Be it enacted by the Senate and House of Rep7'es'entatives in General 
Court convened: 

260:1 Declaration of Purpose. It is the limited purpose of this act 
to meet the emergency occasioned by the failure of all attempts to re- 
organize The Valley Trust Company of Penacook, New Hampshire which 
was closed on June 24, 1958 by order of the superior court in accordance 
with RSA 395. It is declared that the public convenience and necessity 
require the existence of banking facilities in Penacook to serve the needs 
of the citizens residing in that area of this state formerly served by 
The Valley Trust Company. It is further declared that the general court 
views the loss of banking facilities in Penacook and the consequent hard- 
ship imposed upon depositors and the people residing in Penacook and 
surrounding communities as a special emergency requiring this special 
emergency legislation. 

260:2 Branch Authorized. Any trust company, mutual savings 
bank or guaranty savings bank now or hereafter organized and existing 
under the laws of the state of New Hampshire and authorized to engage 
in the business of banking within the city of Concord may apply to the 
board of incorporation of trust companies established by RSA 392 for 
permission to establish and operate a single branch in ward 1 of the 



1959] Chapter 261 289 

city of Concord in the village of Penacook. Upon receipt of such appli- 
cation the board shall proceed in the manner prescribed in RSA 
392:6-7-8, and decide whether or not the public convenience and advan- 
tage would be promoted by the establishment of such branch bank. If the 
decision is in the affirmative the board shall issue a certificate to such 
banking corporation authorizing the establishment and operation of such 
branch. Nothing herein shall limit or restrict any national bank existing 
and authorized to do business in Concord from establishing a branch in 
Penacook in conformity with the laws of the United States governing 
national banks. 

260:3 Limitation. Nothing in this act shall be construed as con- 
ferring upon any banking corporation, whether organized and existing 
under the laws of this state or of the United States, authority to estab- 
lish and operate a branch within this state except as expressly provided 
in section 2. 

260:4 Takes Effect. This act shall take effect upon its passage. 
[Approved September 8, 1959.] 
[Effective date September 8, 1959.] 



CHAPTER 261. 

AN ACT RELATING TO THE IMPROVEMENT OF RYE HARBOR. 

Whereas the United States, through its appropriate agency, has 
made a preliminary study concerning the feasibility of improving the 
navigation facilities in Rye Harbor through dredging and other means, 
and has determined that such a project is economically justified, and 

Whereas upon further study and congressional authorization the 
United States may undertake to make such improvements and to provide 
that the state of New Hampshire or its political subdivisions or other 
available local interests share in the cost of development and make cer- 
tain other commitments with respect thereto ; and 

Whereas the total cost of said project is estimated at three hundred 
sixty-one thousand dollars with the share of the state and its sub- 
divisions to be thirty-six per cent thereof in the estimated approximate 
amount of one hundred twenty-five thousand dollars, and 

Whereas the undertaking of such project by the United States may 
be conditioned upon the state's providing certain other facilities or funds, 
as specified hereinafter, now therefore 

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

261:1 Authorization. The governor with the advice and consent 
of the council is hereby authorized to enter into an agreement with the 



290 Chapter 261 [1959 

United States government in connection with the improvement of the 
navigation facilities at Rye Harbor as a federal project, and to bind the 
state with respect to the following particulars : 

(a) To pay to or to the order of the United States a sum not to 
exceed one hundred twenty-five thousand dollars or thirty-six per cent of 
the construction cost of said project, as a cash contribution by the state 
for the cost of the construction of said project. 

(b) To provide without cost to the United States all lands, ease- 
ments, rights of way and suitable spoil disposal areas for the construction 
of said project when and as required. 

(c) That the state will hold and save the United States free from 
damages that may result from the construction, works and maintenance 
of said project. 

261 :2 Appropriation. For the purposes of paragraph (a) of sec- 
tion 1 hereof, there is hereby appropriated the sum of one hundred 
twenty-five thousand dollars to be expended and paid out upon the war- 
rants drawn by the governor with the advice and consent of the council. 
The appropriation hereunder shall be a continuing appropriation and 
shall not lapse. 

261 :3 Public Lands. The governor, with the advice and consent of 
the council, is hereby authorized to make available to the United States 
any lands owned by the state suitable for the purposes of paragraph (b) 
of section 1 above, and if additional or other lands are required for said 
purposes the same may be acquired by eminent domain in the manner 
prescribed in RSA 4. 

261:4 Gifts and Grants. The governor and council are hereby 
authorized to accept gifts and grants made in connection with this 
project, and to apply the same to the purposes of this chapter. 

261:5 Local Participation. Notwithstanding the foregoing, the 
governor and council shall not exercise any of the powers herein set forth 
unless and until the town of Rye, or other political subdivision of the 
state or other responsible local interests, shall enter into or stand ready 
to enter into an agreement satisfactory to the United States whereby 
said town, political subdivision or local interests, or combination thereof, 
shall undertake to provide and maintain without cost to the United 
States a suitable public landing in said harbor approved by the United 
States with adequate berths available to all on equal terms. 

261:6 Funds Authorized. The state treasurer is hereby author- 
ized to borrow upon the credit of the state an amount not exceeding one 
hundred twenty-five thousand dollars to provide the funds herein appro- 
priated, and for that purpose may issue bonds and notes, at such times, 
in denominations, and with such rates of interest, dates of maturity and 
other provisions as the governor and council shall determine. The pro- 



1959] Chapter 262 291 

ceeds from the sale of said bonds and notes shall be held by the treasurer 
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. 

261:7 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 said bonds or notes. 

261 :8 Takes Effect. This act shall take effect upon its passage. 
[Approved September 9, 1959.] 
[Effective date September 9, 1959.] 



CHAPTER 262. 

AN ACT RELATING TO THE OPERATION OF MOTOR BUSSES. 

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

262:1 Operation of Motor Busses. Amend RSA 263:65 (supp) as 
amended by 1957, 191:1 and 1959, 92:1 by striking out said section and 
inserting in place thereof the following: 263:65 Width and Length. 

No vehicle whose width including load is greater than ninety-six inches, 
or whose length including load is greater than thirty-five feet, and no 
combination of wheels coupled together whose total length, including 
load, is greater than fifty 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 this 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. Pro- 
vided further, that a motor bus which has an overall length, inclusive 
of front and rear bumpers, in excess of thirty-five feet, but not in excess 
of forty feet, and the load on any axle not in excess of the limits provided 
in RSA 263:61, may be operated only on those highways of this state 
specifically designated by the commissioner of motor vehicles. 

262:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 14, 1959.] 
[Effective date November 13, 1959.] 



292 Chapters 263, 264 [1959 

CHAPTER 263. 

an act relative to reciprocal fishing rights in the 
Connecticut River. 

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

263:1 Residents. Amend RSA 211:5 by striking out said section 
and inserting in place thereof the following: 211:5 Fishing in Con- 
necticut River. If the laws of the state of Vermont permit fishing in 
that part of the Connecticut river lying within that state by residents of 
New Hampshire licensed or otherwise entitled under the laws of this 
state to fish in that part of said river lying within this state, residents 
of Vermont licensed or otherwise entitled under the laws of that state 
to fish in said part of the Connecticut river lying within the state of 
Vermont shall be permitted to fish in that part of the Connecticut river 
lying within this state. Resident for the purposes of this section shall 
mean a citizen of the United States who has lived and made his home 
continuously in the respective state not less than six months next prior 
to his application for a license and who has not during that period 
claimed a residence in any other state for any purpose. If the above 
reciprocal laws are in effect as to that part of the Connecticut river lying 
within the states of New Hampshire and Vermont the director is author- 
ized to make special rules and regulations as to fishing therein, after 
consultation with the like officer of the state of Vermont, in the same 
manner and with the same effect as he is authorized to do with respect 
to boundary lakes under the provisions of section 4 hereof. 

263:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 14, 1959.] 
[Effective date November 13, 1959.] 



CHAPTER 264. 



AN ACT TO authorize DEFENDANT TO SEEK SUMMARY PROCEDURE FOR 

JUDGMENT IN ACTIONS OF CONTRACT AND RELATING TO 

JOINT TENANCY. 

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

264:1 Superior Court. Amend RSA 491 :8-a (supp) as inserted by 
Laws of 1955, 46:1, by striking out said section and inserting in place 
thereof the following: 491:8-a Motions for Summary Judgment. In 

any action founded on contract in which the plaintiff seeks to recover a 



1959] Chapter 265 293 

debt or liquidated demand, either party may, at any time after the de- 
fendant has appeared, move for immediate entry of judgment, setting 
forth with pai'ticulars his cause of action or his defense. This motion 
shall be accompanied by affidavits based upon personal knowledge of ad- 
missible facts as to which it appears affirmatively that the affiants will be 
competent to testify. The facts stated in accompanying affidavits shall be 
taken to be admitted for the purpose of the motion unless within fifteen 
days contradictory affidavits based on personal knowledge are filed or the 
opposing party shall file an affidavit showing specifically and clearly 
reasonable grounds for believing that contradictory evidence can be pre- 
sented at a trial but cannot be furnished by affidavits. If such affidavits 
are not filed by the opposing party within said fifteen days, judgment 
shall be entered on the next judgment day in accordance with the facts 
or such further order made as justice may require. Copies of all motions 
and affidavits shall upon filing be furnished opposing counsel. If it shall 
appear upon hearing that no genuine issue of material fact exists judg- 
ment may be entered accordingly. 

264:2 Deeds. Amend RSA 477:18 by inserting after the word 
"survivorship" in the eighth line the words, or "as tenants by the en- 
tirety," so that said section as amended shall read as follows: 477:18 
Tenants in Common. Every conveyance or devise of real estate made to 
two or more persons shall be construed to create an estate in common 
and not in joint tenancy, unless it shall be expressed therein that the 
estate is to be holden by the grantees or devisees as joint tenants, or to 
them and the survivor of them, or unless other words are used clearly 
expressing an intention to create a joint tenancy. The addition, follow- 
ing the names of the grantees in the granting clause of a deed or devise 
of the words "as joint tenants with rights of survivorship" or "as 
tenants by the entirety," shall constitute a clear expression of intention 
to create a joint tenancy. 

264:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 14, 1959.] 
[Effective date November 13, 1959.] 



CHAPTER 265. 



AN ACT RELATIVE TO THE PRACTICE OF PROFESSIONAL NURSING. 

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

265:1 Professional Nursing. Amend RSA by inserting after 
chapter 326 the following new chapter : 



294 Chapter 265 [1959 

Chapter 326-A 
Nurses 

326-A :1 Purpose. For the protection of life, the promotion of 
health and the prevention of illness and communicable diseases, any per- 
son practicing or offering to practice professional nursing in New Hamp- 
shire, must submit evidence that he is qualified so to practice and shall 
be licensed as hereinafter provided. No person shall practice or offer to 
practice professional nursing in New Hampshire or use any title, sign, 
card, device or the abbreviation R.N. to indicate that such person is 
practicing professional nursing unless such person has been licensed and 
registered under the provisions of this chapter. 

326-A :2 Definitions. 

I. The practice of professional nursing means the performance 
for compensation of any act in the observation, care and counsel of the 
ill, injured or infirm, or in the maintenance of health or prevention of ill- 
ness of others, or in the supervision and teaching of other personnel, or 
the administration of medications and treatments as prescribed by a 
licensed physician or dentist; requiring substantial specialized judgment 
and skill and based on knowledge and application of the principles of 
biological, physical and social science. The foregoing shall not be deemed 
to include acts of diagnosis or prescription of therapeutic or corrective 
measures. 

H. Board means the board of nursing education and nurse 
registration. 

326-A :3 Board of Nursing Education and Nurse Registration. 

I. Appointments, Terms. 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 four 
nominated by the New Hampshire State Nurses Association. The term of 
office of each shall be five years and until a successor is appointed and 
qualified. Vacancies shall be filled in like manner for the unexpired term. 

n. Qualifications. Each member of the board shall : (a) have 
had not less than five years successful experience in the nursing pro- 
fession, at least two of which shall have been in the field of nursing edu- 
cation, (b) be a registered nurse in New Hampshire, (c) be actively en- 
gaged in professional nursing in this state. 

HI. Duties. 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 schools of nursing in the state. 

IV. Rules and Reports. The board, with the advice of the 
commissioner of education, shall be responsible for: (a) all necessary 
rules for the examination of nurses applying for certificates hereunder, 



1959] Chapter 265 295 

(b) all rules for the administration of this chapter and (c) the prepara- 
tion of an annual report to the governor of the receipts and expenditures 
under the provisions hereof. 

V. Compensation. Each member of the board shall receive 
ten dollars for each day actually engaged on official duties hereunder and 
shall be reimbursed for actual expenses incurred therein. Said compen- 
sation and expenses shall be paid by the state to an amount not exceed- 
ing the fees received hereunder. 

326-A:4 Director of Nursing Education. Said board, upon nomi- 
nation of the commissioner of education and the approval of the state 
board of education, shall appoint a director of nursing education and 
other professional nursing personnel as necessary and shall determine 
their duties and salaries. 

326-A:5 Registration. 

I. Qualifications. A person shall be qualified to receive a 
certificate of registration providing he: (a) is of good moral character, 
(b) holds a diploma from a state accredited professional nursing educa- 
tion program, (c) has successfully passed the examination conducted by 
the board. 

II. Registration by Endorsement. The board shall, upon pay- 
ment of the statutory fee, issue without examination a certificate of 
registration to any person registered in another state whose standards 
for registration are not lower than those provided for by this chapter. 

III. Fees. Each person applying for examination and/or 
certification of registration to practice as a registered nurse, shall pay 
to the commissioner of education a fee of fifteen dollars. The commis- 
sioner shall pay all fees so received and all fees from biennial permits to 
the state treasurer who shall keep the same in a separate fund to be used 
only for the purposes of the board hereunder. 

326-A:6 Biennial Permit. Any person, who has at any time re- 
ceived a certificate of registration in this or any other state and intends 
to engage in the practice of nursing in this state, shall biennially before 
July first, file his name, address and a fee of three dollars, with the com- 
missioner of education, whereupon, if he has complied with all the re- 
quirements of this chapter and the rules and regulations of the board, 
he shall be granted a permit which shall entitle him to engage in the 
practice of nursing for the period ending on July first two years hence. 
If any person fails to renew his biennial license by July first, such license 
shall lapse. Such person may be reinstated and his license revalidated 
by the board after satisfactory explanation and upon payment of the 
required fee. Any person practicing professional nursing whose license 
has lapsed or is not in full force and effect at such time shall be subjected 
to the penalties provided in this act as an illegal practitioner. Any per- 



296 Chapter 265 [1959 

son who is not engaged in professional nursing in this state shall not be 
required to pay the renewal fee for so long as he does not so practice, 
but shall notify the board of his inactive status in nursing. Prior to re- 
sumption of his practice of professional nursing, such person shall be 
required to notify the board and remit a renewal fee for the current 
period. 

326-A:7 Temporary Permit. The board may grant a temporary 
permit to any applicant for certificate of registration who apparently 
meets the requirements for registration, for such periods of time as the 
board may determine, provided however, in the case of registration by 
endorsement, such temporary permit shall not exceed a period of ninety 
days. 

326-A:8 Suspension and Revocation. The board may, for good 
cause, suspend or revoke any certificate of registration. No certificate 
shall be suspended or revoked until after a hearing before the board 
upon written notice of fourteen days. Such notice shall be served per- 
sonally or by registered mail and shall set forth the date and place of the 
hearing and the grounds constituting the charges against the person 
complained of. All hearings shall be private except upon request of the 
party involved. No person shall practice professional nursing under any 
suspended or revoked certificate. 

326-A:9 Persons Exempted. This act shall not prohibit: 

I. The employment in federal government institutions and 
agencies of nurses who are members of federal agencies and are 
registered in some state in the United States. 

II. The practice of nursing by students enrolled in schools of 
nursing approved by the board when such is incidental to their program 
of study. 

III. The furnishing of nursing assistance in an emergency. 

IV. Nursing services by any unlicensed graduate nurse who 
has been engaged in this state in nursing the sick for hire without assum- 
ing in any way to be a registered nurse, as her bona fide occupation pre- 
vious to July 1, 1959. 

V. Nursing services by anyone when done in accordance with 
the practice of the religious principles or tenets of any well recognized 
church or denomination which relies upon prayer or spiritual means alone 
for healing. 

3,26-A:10 Penalty. Whoever violates any provision of this 
chapter or who shall wilfully make any false representation in applying 
for a certificate of registration or biennial permit, shall be fined not more 
than five hundred dollars. 



1959] Chapter 266 297 

265:2 Repeal. RSA 326, 1-16, inclusive, relative to registration of 
nurses, as amended by 1955, 207; 1955, 306; 1957, 195; 1957, 288 is 
hereby repealed. 

265 :3 Effect on Licenses and Permits. Any person holding a valid 
license to practice nursing as a registered nurse under the provisions of 
RSA 326 shall be deemed to be licensed as a registered nurse under the 
provisions of this chapter. Any person who holds a valid biennial peiTnit 
to practice professional nursing as of the date of the effective date of 
this act, shall be deemed to hold valid biennial permits under the pro- 
visions of this act until the expiration of said permits. 

265:4 Membership on the Board. Members of the board of nurs- 
ing education and nurse registration in office at the effective date of this 
act, shall be deemed to be members of the board of nursing education 
and nurse registration as established by RSA 326-A hereinbefore in- 
serted and shall continue as such members until the expiration of the 
terms for which appointed. 

265:5 Takes Effect. This act shall take effect July 1, 1959. 
[Approved September 14, 1959.] 
[Effective date July 1, 1959.] 



CHAPTER 266. 

AN ACT RELATING TO MOTOR VEHICLE ROAD TOLL. 

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

Court convened: 

266:1 Users of Fuel other than Motor Fuel. Amend RSA 265:22 
by inserting after paragraph VI the following new paragraph: VII. 
Every person engaged in the business of selling fuel, other than motor 
fuel as defined in paragraph II of section 2 of this chapter, suitable for 
use in an internal combustion engine for the generation of power to 
propel motor vehicles of any kind or character on the pubhc highways 
of the state shall, on or before the last day of each calendar month, 
render a return to the commissioner on forms prescribed and furnished 
by him. Such return shall show the total number of gallons of such fuel 
sold and delivered by such person into the tanks or auxiliary tanks of 
motor vehicles during the previous calendar month, together with the 
name and address of the several purchasers, the date of each sale, and 
such other information as the commissioner may require for the reason- 
able administration of this section. 

266:2 Takes Effect. This act shall take effect as of October 1, 
1959. 

[Approved September 14, 1959.] 
[Effective date October 1, 1959.] 



298 Chapter 267 [1959 

CHAPTER 267. 

AN ACT PROVIDING FOR STATE PARTICIPATION IN WATER POLLUTION 

CONTROL COSTS THROUGH FINANCIAL AID TO 

MUNICIPALITIES. 

Whereas, the state of New Hampshire under RSA 149 has required 
certain municipalities to construct sewage disposal systems or parts 
thereof to control the pollution of its surface waters and thereby pre- 
serve and improve the quality of such waters in the interest of health, 
recreation, and industry in accordance with said chapter, and 

Whereas, these municipalities have in the past and others will in 
the future expend substantial sums of money to pay for sewage disposal 
systems in accordance with the pollution control program now developed 
under the law; a program which benefits not only the local municipality 
but which benefits the citizenry of the entire state; and 

Whereas, the state should assume its proportionate share of the 
financial obligations resulting from the installation of pollution control 
facilities by municipalities acting in the interest of the general public 
healtli and v/elfare; therefore 

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

267 :1 New Chapter. Amend RSA by inserting after chapter 149-A 
(supp) as inserted by 1957, 190:1 the following new chapter: 

Chapter 149-B 

Aid to Municipalities for Water Pollution Control. 

149-B :1 State Contributions. The state of New Hampshire shall, 
in addition to the federal grant made available under the provisions of 
Public Law 660, 84th Congress (subsequent amendments thereof, or any 
other federal legislation), pay annually on or before June 30, twenty 
percent of the yearly amortization charges on the original costs result- 
ing from the acquisition and construction of sewage disposal facilities 
by municipalities (as defined under RSA 33:1) for the control of water 
pollution. The word construction shall include engineering services, in 
addition to the construction of new sewage treatment plants, pumping 
stations and intercepting sewers; the altering, improving or adding to 
existing treatment plants, pumping stations and intercepting sewers; 
(meaning such elements of construction now or subsequently eligible for 
participation in the federal grant program) provided the construction 
has been directed by the water pollution commission, the state depart- 
ment of health, or constitutes a voluntary undertaking designed to con- 
trol or reduce pollution in the surface waters of the state as defined in 
RSA 149:1, and the plan therefor is approved in compliance with the 



1959] Chapter 267 299 

provisions of RSA 148:25. The term "original costs" as used herein shall 
mean the entire cost of construction as defined in Public Law 660, 84th 
Congress (subsequent amendments thereof, or any other relative federal 
legislation), excluding land acquisition. In computing said costs no de- 
duction shall be made for federal grants therefor, 

149-B :2 Existing Disposal Systems. Those municipalities which 
have undertaken construction, as-defined in the preceding section, since 
July 1, 1947, are hereby declared entitled to pajrment retroactively for 
such construction. Said municipalities shall receive their total retro- 
active payment over a period of twenty years in equal annual install- 
ments. Application for payments under the provisions of this chapter 
shall be made in accordance with rules and regulations which the water 
pollution commission is hereby authorized to promulgate, and shall be 
based upon reports filed with the commission prior to the thirty-first 
day of January in the calendar year for which payment is being re- 
quested. 

149-B :3 Administration. In order to administer the provisions 
hereof and to perform such other related duties as are required, the 
water pollution commission is hereby authorized to employ a director 
of municipal services and assistance, and a clerk-stenographer II. 

267:2 Appropriation. There is hereby appropriated for the pur- 
pose of carrying out the provisions of RSA 149-B, as hereinabove in- 
serted the sum of $68,000 for the year ending June 30, 1960, and the 
sum of $96,000 for the year ending June 30, 1961, and the governor is 
hereby authorized to draw his warrants for said sums out of any money 
in the treasury not otherwise appropriated. The sums hereby appro- 
priated shall be administered by the water pollution commission and 
shall not lapse but shall be added to the appropriation of the commission 
for any succeeding fiscal year to be used for the purposes herein con- 
tained. No grants hereunder shall become effective without prior approval 
and authorization by the governor and council. 

267:3 Additional Appropriation. For the salaries and other ex- 
penses incuiTed because of the provisions of RSA 149-B and in addition 
to the amounts appropriated in the biennial appropriation bills for the 
water pollution commission for personal services, current expenses, and 
travel, there are hereby appropriated the sums of $12,250 for the fiscal 
year ending June 30, 1960 and a like sum for the year ending June 30, 
1961. 

267:4 Takes Effect. This act shall take effect as of July 1, 1959. 
[Approved September 15, 1959.] 
[Effective date July 1, 1959.] 



300 Chapter 268 [1959 

CHAPTER 268. 

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF CERTAIN 

DEPARTMENTS OF THE STATE FOR THE YEAR ENDING 

JUNE 30, 1960. 

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

268:1 Appropriation's. The sums hereinafter mentioned are ap- 
propriated to be paid out of the treasury of the state for the purposes 
specified for the departments herein named, for the fiscal year ending 
June 30, 1960, 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 $39,253.00** 
for the office of legislative budget assistant to the appropriations and 
finance committees, and $7,500.00 for the office of research analyst*** 
to the senate finance committee, as follows: (Salary of legislative budget 
assistant $10,500.00, other personal services $22,603.00, current ex- 
penses $850.00, travel $800.00, equipment $2,500.00, other expenditures 
$2,000.00*) (Salary of research analyst to senate finance committee 
$7,000.00, other expenditures $500.00) $320,000.00 

Legislative councilf 2,500.00 

Council of state governments 2,500.00 



Total for legislative branch $325,000.00 



* The sum herein appropriated, or so much as necessary, shall be 
expended by the legislative budget assistant for an audit of the state 
treasury. 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. 

t The funds in this appropriation shall not lapse but shall be avail- 
able for expenditure in the following year. 

** Of this amount $34,253.00 shall be taken from the legislative 
appropriation made herein and $5,000.00 shall be taken from the un- 
expended balance now in the accounts of the legislative budget assistant's 
office. 

*** In the interim between sessions of the general court the serv- 
ices of the research analyst to the senate finance committee shall be 
available to the members of the appropriations committee of the house 
of representatives for reasonable services. 

For executive branch: 
Office of governor : 

Salary of governor $15,500.00 

Other personal services* 25,000.00 

Current expenses 4,050.00 

* Salaries paid out of this appropriation shall be at levels set by the 
governor. 



1959] 





Chapter 


268 




Travel 






600.00 


Equipment 






300.00 


Total 


$45,450.00 


Contingent fund 






7,500.00 


Special citations to state employees 


300.00 


Governor's special 


fund** 




7,500.00 


State Council on problems 






of the agingt 






500.00 



301 



Total for governor's office $61,250.00 

Executive council: 

Personal services — per diem $16,000.00 

Current expenses 300.00 

Travel 3,200.00 



Total for executive council 19,500.00 

Emergency fund 75,000.00 

Total for executive branch $155,750.00 

t The funds in this appropriation shall not lapse, but shall be avail- 
able for expenditure in the following year. 

** The funds appropriated under this item are to be spent by the 
governor in his own and sole discretion for state purposes, including but 
not limited to participation in the activities of the United State's Gov- 
ernors' Conference, the New England Conference of Governors, and the 
council of state governments, for which monies are not otherwise appro- 
priated. 

For judicial branch: 
For supreme court: 

Salaries of justices $76,040.00 

Salary of clerk-reporter 9,756.00 

Other personal services 6,040.00 

Current expenses 3,620.00 

Travel 2,000.00 

Equipment 400.00 

N. H. Supreme court's reports* 5,500.00 



Total $103,356.00 

Less estimated revenue 778.00 



Net Appropriation $102,578.00 

For superior court: 
Salaries of judges $105,741.48 



302 Chapter 268 [1959 

Current expenses 5,500.00 

Travel 10,000.00 



Total 121,241.48 

For judicial council* 6,550.00 

For probate court : 

Salaries of judges $34,781.76 

Salaries of registers 30,682.34 

Salaries of deputies 32,571.12 



Total 98,035.22 



Total for judicial branch $328,404.70 

* 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 $10,130.80 

Other personal services 26,108.74 

Current expenses 6,340.00 

Equipment 1,505.00 

Other expenditures: 
State flags 180.00 



Total $44,264.54 

National guard: 

Personal services $32,591.08 

Current expenses 14,275.00 

Travel 1,300.00 

Equipment 2,008.00 
Other expenditures: 

Social security 350.00 



Total 50,524.08 

Armories : 

Personal services $85,127.81 

Current expenses 97,350.00 

Equipment 2,594.00 



Total 185,071.81 

National guard rifle and pistol range : 

Personal services 2,602.08 



1959] Chapter 268 303 



Chapter 268 




Current expenses 
Equipment 


850.00 
450.00 


Total 




Officer's uniform allowances: 
Current expenses 




State military reservation, Concord : 
Current expenses 
Travel 


$32,425.00 
200.00 



3,902.08 
9,500.00 



Total 32,625.00 

State military reservation, Concord : 
Photostatic division: 

Personal services $3,239.08 

Current expenses 650.00 



Total 3,889.08 

State military reservation, Grenier 
Air force base, Manchester : 



Personal services 


$9,604.46 


Current expenses 


23,700.00 


Travel 


300.00 


Total 


33,604.46 


Drill expenses: 




Travel 


600.00 


New Hampshire military academy 


5,000.00 


Total for adjutant general's 




department 


$368,981.05 


Less estimated revenue 


52,478.35 


Net Appropriation 


$316,502.70 


For administration and control : 




Division of budget and control : 




Salary of comptroller 


$11,097.60 


Salary of business supervisor 


8,613.60 


Salary of assistant business 




supervisor 


7,528.66 


Salary of farm supervisor 


8,164.00 


Other personal services 


4,680.28 


Current expenses 


2,885.00 


Travel 


1,050.00 



304 



Chapter 268 



[1959 



Other expenditures : 

Atlantic marine fisheries 700.00 

Firemen's relief 4,000.00 

League of N. H. arts and crafts 8,000.00 
New England board of higher 

education 3,500.00 

Oasi contributions : 

State employees 305,500.00 

Teachers (40% of 

employer's contribution) 212,500.00 



Total 

Division of accounts : 
Salary of director 
Other personal services 
Current expenses 
Travel 
Equipment 


578,219.14 

$8,710.83 

55,222.01 

20,530.00 

200.00 

1,062.00 


Total 

Division of investigation of 
accounts : 

Personal services 
Travel 


$24,209.90 
3,898.17 


85,724.84 


Total 

Division of buildings and grounds : 
Personal services 
Current expenses 
Equipment 


$131,824.38 

88,500.58 

2,045.00 


28,108.07 


Total 

Less estimated revenue 


$222,369.96 
46,565.00 




Net appropriation 

Mailing division : 
Personal services 
Current expenses 
Equipment 


$10,795.89 

508.00 

1,141.50 


175,804.96 



Total 



12,445.39 



1959] Chapter 268 305 

Division of purchase and property: 

Salaiy of director $8,955.10 

Other personal services 42,378.87 

Current expenses 3,730.00 

Travel 548.00 

Equipment 375.00 



Total 55,986.97 

N. H. distributing agency: 
Surplus foods : 

Salary of director $3,861.00 

Salary of deputy director 3,489.00 

Other personal services 16,249.57 

Current expenses 13,350.00 

Travel 1,225.00 

Equipment 4,000.00 
Other expenditures: 

Oasi and retirement 1,032.15 



Total $43,206.72 

Less estimated revenue and 

balance* 43,206.72 



Net appropriation 0.00 

Surplus property: 

Salary of director $3,861.00 

Salary of deputy director 3,489.00 

Other personal services 16,249.57 

Current expenses 20,725.00 

Travel 2,125.00 

Equipment 326.00 
Other expenditures: 

Oasi and retirement 1,032.15 



Total $47,807.72 

Less estimated revenue and 
balance* 47,807.72 



Net appropriation 0.00 

* Authority is hereby given to utilize so much as may be necessary 
of the balance accumulated at June 30, 1959 or any surplus accumulating 
during the fiscal year 1960 within this subdivision, with approval of the 
governor and council, to efficiently operate this division without the use 
of any other state funds. 



306 Chapter 268 [1959 

Total for administration and 

control $936,289.37 



For agriculture: 

Office of commissioner : 

Salary of Commissioner $10,252.06 

Other personal services 32,603.74 

Current expenses 4,160.00 

Travel 3,900.00 

Equipment 662.45 
Other expenditures : 

Feed, seed and fertilizer services 16,000.00 



Total $67,578.25 

Division of markets and standards : 
Bureau of markets : 

Personal services $31,603.54 

Current expenses 13,385.00 

Travel 3,000.00 

Equipment 236.00 

Other expenditures: 

Cooperative grant to New 
England crop reporting 



services 


800.00 


Rodent control work 


200.00 


Federal supervisor 


200.00 


Total 




Bureau of weights and measures : 




Personal services 


$25,073.80 


Current expenses 


3,145.00 


Travel 


4,550.00 


Equipment 


70.00 


Total 


$32,838.80 


Less estimated revenue 


14,000.00 


Net appropriation 




Division of animal industry : 




Salary of state veterinarian 


$9,876.10 


Other personal services 


33,318.30 


Current expenses 


4,984.00 


Travel 


5,500.00 


Equipment 


2,729.45 



49,424.54 



18,838.80 



1959] 



Chapter 268 



307 



Other expenditures : 

Tubercular testing 34,000.00 

Brucellosis, vibrosis and 

leptospirosis testing 36,450.00 

Testing for mastitis control 500.00 

Indemnities for condemned 

animals 3,000.00 

Other veterinarian service 200.00 

Diagnostic services for 

domestic animals 12,000.00 



Total 


142,557.85 


Insect and plant disease 




suppression and control: 




Personal services 


$23,778.61 


Current expenses . 


1,535.00 


Travel 


6.150.00 


Equipment 


2,276.00 



Total 

Milk control : 

Personal services 
Current expenses 
Travel 
Equipment 
Other expenditures: 
Public hearings 



33,739.61 



$14,062.94 
2,200.00 
1,600.00 
1,700.00 

200.00 



Total 

Less estimated revenue 


$19,762.94 
19,762.94 




Net appropriation 

Economic poisons law: 

Less estimated revenue 


$3,000.00 
3,000.00 


0.00 


Net appropriation 

Board of veterinary examiners 
Test for germination and purity 
of agricultural seeds 

Less revenue and balance 


$200.00 
200.00 


0.00 
400.00 



Net appropriation 



0.00 



308 Chapter 268 [1959 

Vesicular exanthema $150.00 

Less revenue and balance 150.00 



Net appropriation 0.00 

Licensing of live poultry dealers : $300.00 

Less revenue and balance 300.00 



Net appropriation 0.00 

Grants:! 

State soil conservation committee $300.00 
Eastern states exhibit 2,000.00 



Total 2,300.00 



Total for department of agriculture $314,839.05 



t The Drovisions of RSA 441:5 are susDended for the fiscal year 
ending June 30, 1960. 

For attorney general : 

Office of attorney general: 
Salary of attorney general $12,220.00 

Salary of deputy attorney general 10,928.00 
Salaries of 4 assistant 

attorneys general 36,192.00 

Other personal services 38,283.63 

Current expenses 4,275.00 

Travel 2,800.00 

Equipment 3,000.00 

Other expenditures: 

Commission to study uniform laws 1,600.00 
Legal services re dept. of public 

works and highways 10,000.00 



Total $119,298.63 

Less estimated revenue 29,835.00 



Net appropriation $89,463.63 

Division of charitable trusts : 

Salary of director $4,818.06 

Other personal services 5,160.24 

Current expenses 270.00 



1959] Chapter 268 309 



Ti-avel 
Equipment 


Chapter 268 
ittorney general 


150.00 
85.00 




Total 




10,483.30 


Total for i 


$99,946.93 



For forestry division (forestry and recreation) : 
Administration : 

Salary of state forester $10,205.86 

Other personal services 32,674.81 

Current expenses 5,010.00 

Travel 1,150.00 



Total $49,040.67 

Less refunds (maintenance) 234.65 



Net appropriation $48,806.02 

District fire supervision: 

Personal services $88,182.47 
Current expenses 15,761.50 

Travel 12,630.00 

Equipment 10,838.00 



Total $127,411.97 

Less revenue and balance * 67,600.00 



Net appropriation 59,811.97 

Lookout stations: 

Personal services 62,213.82 

* If the federal grant exceeds the above estimate, such excess may- 
be expended for said purposes with the approval of the governor and 
council. 

Wardens' training" conferences : 

Current expenses $3,000.00 

Other expenditures: 

State's share of town M^arden 

training 3,000.00 



Total 6,000.00 

Prevention of fires: 

Personal services $7,596.28 

Current expenses 1,000.00 

Equipment 5,000.00 



310 Chapter 268 [1959 

Other expenditures: 

State's share of prevention 

bills with towns 1,200.00 



Total 14,796.28 

White pine blister rust control : 

Personal services $35,571.40 
Current expenses 605.89 

Travel 1,631.86 

Equipment 4,000.00 



Total $41,809.15 

Less revenue and balance * 19,975.00 



Net appropriation 21,834.15 

* If the federal grant exceeds the above estimate, such excess may 
be expended for said purposes with the approval of the governor and 
council. 



Northeastern forest fire compact: 




Current expenses 


$592.50 


Travel 


300.00 


Total 




Nursery : 




Personal services 


$30,695.52 


Current expenses 


8,398.00 


Travel 


675.00 


Equipment 


3,023.00 



892.50 



Total $42,791.52 

Less revenue and balance *20,300.00 

Less refunds (maintenance) 293.02 



Net appropriation 22,198,50 

Cooperative forest management: 

Personal services 16,000.00 

* If the federal grant and balance exceeds the above estimate, such 
excess may be expended for said purposes with the approval of the gov- 
ernor and council. 

Forest improvement fund: 
Administration : 

Personal services $33,876.20 

Current expenses 5,135.00 

Travel 3,600.00 

Equipment 3,000.00 



1959] Chapter 268 311 

State forest operations : 
Personal services: 

Chopping, hauling, yarding 50,000.00 
Silviculture 5,000.00 

Other expenditures: 

Purchase of land and interest 

in land 5,000.00 

Timber tax 800.00 



Total $106,411.20 

*Less revenue and balance $106,411.20 



Net appropriation 0.00 

Caroline A. Fox research fund : 

Personal services $7,560.16 

Current expenses 3,700.00 

Travel 850.00 

* Any revenue and balance in excess of this estimate shall be avail- 
able for such further expenditure for said purposes as the governor and 
council shall approve. 

Equipment 2,600.00 



Total $14,710.16 

Less revenue and balance 14,475.51 

Less refunds (maintenance) 234.65 



Net appropriation 0.00 



Total for forestry $252,553.24 

The forestry division is hereby authorized to proceed in setting 
up production of treated guard rail or other posts by the process known 
as Osmose Salt Impregnation. Such production as may result from this 
operation may be sold by the forestry division to the public works and 
highways department or to any other state department or institution, 
and/or political subdivisions of the state. 

Revenue accruing to the forestry division from such sales may be 
expended for purposes of forest improvement with the approval of the 
governor and council. 

For department of health: 
Administration: state 

Salary of health officer $14,578.48 

Other personal services 28,048.37 

Current expenses 7,750.00 



312 Chapter 268 [1959 

Travel 1,585.00 

Equipment 456.81 



Total 


52,418.66 


Less credit transfers 


5,160.28 


Net appropriation 




Administration : federal 




Personal services 


$18,902.52 


Current expenses 


6,175.00 


Travel 


3,160.00 


Equipment 


75.00 


Other expenditures : 




Geriatrics 


9,680.00 


Chronic disease and aged 




problem 


1,485.00 


Total* 


$39,477.52 


Less estimated revenue* 


39,477.52 


Net appropriation 




Business management : state 




Personal services 


$18,948.58 


Current expenses 


1,700.00 


Equipment 


450.00 


Total 




Business management : federal 




Personal services 


$19,918.77 


Current expenses 


7,220.00 


Travel 


825.00 


Equipment 


450.00 


Total* 


$28,413.77 


Less estimated revenue* 


28,413.77 



$47,258.38 



0.00 



21,098.58 



Net appropriation 0.00 

* TTiis amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval 
of the governor and council. 

Hospital services : state 

Personal services $24,959.96 



1959] Chapter 268 313 

Current expenses 600.00 

Travel 2,600.00 



Total 28,159.96 

Vital statistics: state 

Personal services $30,221.28 

Current expenses 230.00 



Total 130,451.28 

_ t Any revenue received in addition to this appropriation shall be 
available for expenditure for said purposes. 

Vital Statistics : federal 

Personal services $2,594.02 

Current expenses 2,115.00 

Travel 635.00 

Equipment 425.00 



Total* $5,769.02 

Less estimated revenue* 5,769.02 



Net appropriation 0.00 

* This amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval 
of the governor and council. 

Public health nursing : state 

Personal services $61,546.28 

Current expenses 587.00 

Travel 3,000.00 



Total 65,133.28 

Public health nursing: federal 

Personal services $27,135.86 

Current expenses 3,925.00 

Travel 11,250.00 



Total* $42,310.86 

Less estimated revenue* 42,310.86 



Net appropriation 0.00 

* This amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal gi-ant exceeds the above estimate 
such excess may be expended for the said purposes with the approval 
of the governor and council. 



314 Chapter 268 [1959 

Communicable disease control: state 

Personal services $36,482.12 

Current expenses 6,383.00 

Travel 1,470.00 

Other expenditures : 

Purchase and distribution of 
Salk poliomyelitis vaccine 
and administration of 
program 19,215.00 



Total 63,550.12 

Communicable disease control : federal 

Personal services $2,500.00 

Current expenses 8,050.00 

Travel 1,725.00 

Equipment 450.00 



Total* $12,725.00 

Less estimated revenue* 12,725.00 



Net appropriation 0.00 

* This amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval 
of the governor and council. 

Dental services: state 

Personal services $23,621.55 

Current expenses 500.00 

Travel 250.00 

Equipment 68.00 



Total $24,439.55 

Less revenue ^antsf 3,550.00 



Net appropriation 20,889.55 

Dental services : federal 

Personal services $3,550.00 

Current expenses 1,840.00 

Travel 3,020.00 

Equipment 425.00 

Total* $8,835.00 

t Any revenue received in excess of this estimate shall be available 
for further expenditure for said purpose. 



1959] Chapter 268 315 

Less estimated revenue* 8,835.00 



Net appropriation 0.00 

* TTiis amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval 
of the governor and council. 

Maternal and child health and 
crippled children's services: 
state 

Personal services $24,737.10 

Current expenses 33,205.00 

Travel 600.00 

Equipment 2,400.00 

Other expenditures : 

Convalescent care and clinics** 60,000.00 



Total 120,942.10 

** The division of investigation of accounts shall investigate the 
ability to pay of patients and those legally chargeable for their support 
and maintenance for care, treatment or maintenance furnished hereunder 
and the expenses of said care, treatment or maintenance may be re- 
covered in an action in the name of the state from the patient or those 
persons chargeable with his support where said person or persons have a 
weekly income or other resources more than suiiicient to provide a reason- 
able subsistence compatible wath decency and health. 

Maternal and child health and 
crippled children's services : 
federal 

Personal services $32,950.11 

NOTE : It is the intent of the legislature that the amount herein- 
above appropriated for convalescent care and clinics may be expended 
for the purpose specified at any institution which can prove to the satis- 
faction of the department of health its qualifications as a rehabilitation 
center. 

Current expenses 48,078.67 

Travel 2,650.00 

Other expenditures: 

Convalescent care and clinics 40,000.00 

Other awards and indemnities 7,750.00 



Total* $131,428.78 

Less estimated revenue* 131,428.78 



Net appropriation 0.00 

Occupational health : state 

Personal services $29,803.02 

Current expenses 500.00 



;16 Chapter 268 [1959 

Travel 1,200.00 

Equipment 3,450.00 



Total 34,953.02 

Occupational health: federal 

Personal services $5,680.22 

Current expenses 2,200.00 

Travel 3,400.00 



Total* $11,280.22 

Less estimated revenue* 11,280.22 



Net appropriation 0.00 

* This amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval 
of the governor and council. 

Clinical laboratory: state 

Current expenses 3,000.00 

Clinical laboratory: federal 

Current expenses* $9,902.83 

Less estimated revenue* 9,902.83 



Net appropriation 0.00 

* This amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval 
of the governor and council. 

Food and chemistry : state 

Personal services $65,518.82 

Current expenses 3,915.00 

Travel 11,800.00 

Equipment 160.00 



Total 81,393.82 

Sanitary engineering : state 

Personal services $59,409.06 

Current expenses 4,610.00 

Travel 7,360.00 

Equipment 487.50 

Total 71,866.56 



1959] Chapter 268 317 

Sanitary engineering: federal 

Equipment* $400.00 

Less estimated revenue* 400.00 



Net appropriation 0.00 

Commission on alcoholism: state 

Personal services $69,274.11 

Current expenses 18,635.00 

Travel 2,500.00 



Total 90,409.11 

Merit system: federal 
Other expenditures: 

Merit system participation* $2,025.00 

Less estimated revenue* 2,025.00 



Net appropriation 0.00 



Total for department of health : 

State $679,105.76 

Federal $292,568.00 

Less estimated revenue 292,568.00 



Net appropriation 0.00 

* This amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval 
of the governor and council. 

For barbers board:* 

Personal services $1,400.00 

Current expenses 750.00 

Travel 1,400.00 



Total $3,550.00 

Less estimated revenue, after 

transfer of $2,000.28 to 

department of health 3,550.00 



Net appropriation 0.00 



* Any revenue in excess of $5,550.28 may be expended for said 
purposes with the approval of the governor and council. 



318 



Chapter 268 



[1959 



For cancer commission: 
State funds : 

Personal services 
Current expenses 
Travel 

Total 

Federal funds : 
Personal services 
Other expenditures : 
Cancer registries 



Total* 

Less estimated revenue* 

Net appropriation 

Total for cancer commission 
Less estimated revenuef 

Net appropriation 



$27,618.59 

111,910.00 

1,600.00 



$141,128.59 



$500.00 

9,300.00 

$9,800.00 
9,800.00 



0.00 



$141,128.59 
32,000.00 

$109,128.59 



* This amount available for expenditure only if funds are available 
as a federal grant. If the federal grant exceeds the above estimate such 
excess may be expended for said purposes with the approval of the gov- 
ernor and council. 

t Any revenue in excess of this estimate may be expended for said 
purposes with the approval of the governor and council. 



For board of chiropody : 
Personal services 
Current expenses 



Total 

Less revenue and balance 

Net appropriation 



For dental board: 
Personal services 
Current expenses 
Travel 
Equipment 



$125.00 
45.00 

$170.00 
170.00 



$1,000.00 
500.00 
800.00 
200.00 



0.00 



Total 



$2,500.00 



1959] Chapter 268 319 

Less revenue and balance* 2,500.00 



Net appropriation 0.00 



* Any revenue and balance in excess of this estimate shall be avail- 
able for such further expenditure for said purposes as the governor and 
council shall approve. 

For board of registration of funeral 
directors and embalmers : * 

Personal services $2,350.00 

Current expenses 600.00 

Travel 2,475.00 

Equipment 450.00 



Total $5,875.00 

Less revenue and balance 5,875.00 



Net appropriation 0.00 



* Any balance in the special fund established by RSA 325:42 in ex- 
cess of $2"500.00 on July 1, 1959 and June 30, 1960 shall lapse to un- 
appropriated surplus of the general fund. 

For board of hairdressers : 

Personal services $2,000.00 

Current expenses 870.00 

Travel 2,000.00 



Total $4,870.00 

Less estimated revenue, after 

transfer of $3,160.00 to 

department of health 4,870.00 



Net appropriation 0.00 

For pharmacy commission : 

Personal services $1,800.00 

Current expenses 575.00 

Travel 1,250.00 



Total $3,625.00 



For board of reg-istration in medicine : 

Personal services $1,130.00 



320 



Chapter 268 



[1959 



Current expenses 
Travel 



Total 

Less estimated revenue 

Net Appropriation 



1,520.00 
350.00 

^3,000.00 
3,000.00 



0.00 



For insurance department : 








Office of commissioner: 








Salary of commissioner 




$10,312.12 




Salary of deputy commissioner 


9,020.18 




Other personal services 




35,252.79 




Current expenses 




6,030.00 




Travel 




1,400.00 




Equipment 




445.00 




Total 




$62,460.09 


Rating- Division : 








Personal services 




$7,035.34 




Current expenses 




1,160.00 




Travel 




300.00 




Total 




8,495.34 


Real estate division : 








Personal services 




$1,253.72 




Current expenses 




1,415.00 




Travel 




250.00 




Equipment 




1,400.00 




Total 


$4,318.72 




Less estimated revenue 






and balance 




4,318.72 




Net appropriation 




0.00 


Total for insurance 


department 


$70,955.43 



NOTE: In accordance with RSA 4:6 suitable space shall be made 
available for the real estate division. 

For department of labor: 
Office of commissioner: 

Salary of commissioner $8,696.00 

Salary of deputy commissioner 7,002.16 

Other personal services 3,370.14 



1959] Chapter 268 321 

Current expenses 6,800.00 

Travel 1,500.00 



Total 




27,368.30 


Inspections division: 






Personal services 


$36,439.10 




Current expenses 


1,950.00 




Travel 


7,500.00 




Total 




45,889.10 


Workmen's compensation division: 






Personal services 


$28,098.06 




Current expenses 


3,390.00 




Total 




31,488.06 


New Hampshire apprenticeship coun 


icil: 

$ 


100.00 


Total for department of labor 


104,845.46 


For motor vehicle department : 




Administration : 






Salary of commissioner 


$10,552.10 




Salary of deputy commissioner 


9,020.18 




Other personal services 


203,015.23 




Current expenses 


195,610.00 




Travel 


2,000.00 




Equipment 


3,850,00 




Other expenditures: 






Retirement 


10,000.00 




Oasi 


8,750.00 




Unemployment benefits 


2,000.00 




Total 




444,797.51 


Gasoline road toll: 






Personal services 


$26,645.18 




Current expenses 


1,260.00 




Travel 


3,000.00 




Equipment 


2,300.00 





Total 33,205.18 

Inspectional services: 

Personal services $95,604.59 

Current expenses 7,000.00 



322 Chapter 268 [1959 

Travel 20,500.00 

Equipment 1,900.00 



Total 125,004.59 

Highway safety: 

Personal services $44,588.85 

Current expenses 10,220.00 

Travel 8,500.00 

Equipment 6,150.00 



Total 69,458.85 



Total for motor vehicle department $672,466.13 

Less revenue 672,466.13 



Net appropriation 0.00 

For personnel department : 
State Funds: 



Salary of director 


$9,576.06 


Salary of deputy director 


8,224.06 


Other personal services 


40,768.21 


Current expenses 


2,086.31 


Travel 


1,240.00 


Total 


$61,894.64 


Federal funds: 




Personal services 


$6,480.24 


Current expenses 


974.89 


Equipment 


120.00 


Other expenditures: 




Oasi and retirement 


302.74 


Total* 


$7,877.87 


Less estimated revenue* 


7,877.87 


Net appropriation 


0.00 


Total for personnel department 


: $61,894.64 



* This amount available for expenditure only if funds are available 
as a fedei'al grant. 



1959] Chapter 268 323 



For public welfare: 




Administration : 




Board of public welfare 


$3,000.00 


Salary of commissioner 


12,340.12 


Other personal services** 


184,762.62 


Current expenses 


34,202.00 


Travel 


7,225.00 


Equipment 


1,135.00 


Other expenditures: 




Personnel department 




(merit system) 


3,000.00 


Employees retirement 


20,350.00 


Oasi 


20,306.00 


Educational leave 


3,000.00 


Physical examinations for 




applicants 


500.00 


Total 


$289,820.74 


State services: 




Personal services 


$18,524.74 


Current expenses 


290.00 


Travel 


1,150.00 


Equipment 


190.00 



Total 20,154.74 

** This amount includes $3,000.00 to be paid to the department of 
the attorney general for legal services. 



Field services: 




Personal services 


$464,627.06 


Current expenses 


53,431.00 


Travel 


36,410.00 


Equipment 


1,900.00 


Total 


556,368.06 


Blind services: 




Personal services 


$19,782.31 


Current expenses 


994.00 


Travel 


2,900.00 


Equipment 


420.00 


Other expenditures: 




Blind education 


50,000.00 


Sight conservation 


18,500.00 



Total 92,596.31 



324 Chapter 268 [1959 

Child welfare services: 

Personal services $63,747.94 

Travel 10,400.00 
Other expenditures: 

Educational leave 3,000.00 

Conferences and institutes 2,500.00 



Total* $79,647.94 

Less estimated revenue* 

(federal grant) 76,460.57 



Net appropriation 3,187.87 

Special children's fund 5,000.00 

John Nesmith fund 3,700.00 

Vocational rehabilitation: 
State funds: 

Other expenditures: 

Case services $13,000.00 

Extension and improvement 417.00 



Total 13,417.00 

Federal funds: 

Personal services $19,134.99 

Travel 2,900.00 
Other expenditures: 

Case services 2,175.01 

Extension and improvement 1,250.00 



Total* $25,460.00 

Less estimated revenue* 25,460.00 



Net appropriation 0.00 

Old age assistance: 

State's share $968,999.30 

Less estimated revenue 98,544.00 



Net appropriation $870,455.30 

Towns and counties $1,150,836.76 

Less estimated revenue 1,150,836.76 



Net appropriation 0.00 



1959] Chapter 268 325 

FederaP= ?2,483,547.00 

Less estimated revenue* 2,483,547.00 



Net appropriation 0.00 

Old age assistance to aliens: 

Towns and counties J?147,365.00 

Less estimated revenue 147,365.00 



Net appropriation 0.00 

Federal* .$184,871.52 

Less estimated revenue* 184,871.52 



Net appropriation 0.00 

Aid to dependent children : 

State's share $1,034,618.86 

Less estimated revenue 60,000.00 



Net appropriation 974,618.86 

Federal* $1,139,970.44 

Less estimated revenue* 1,139,970.44 



Net appropriation 0.00 

Aid to needy blind: 

State's share $135,698.12 

Less estimated revenue 2,500.00 



Net appropriation 133,198.12 

Federal* $131,747.52 

Less estimated revenue* 131,747.52 



Net appropriation 0.00 

Aid to permanently and totally disabled : 

State's share ^ $99,277.71 

Less estimated revenue 3,000.00 



Net appropriation 96,277.71 

Town and counties $167,878.35 

Less estimated revenue 167,878.35 



Net appropriation 0.00 



326 Chapter 268 [1959 

Federal* $212,496.00 

Less estimated revenue"' 212,496.00 



Net appropriation 0.00 



Total for public welfare $3,058,794.21 

Less town and county share 

of Oasi administration $10,394.94 
Less transfer re administra- 
tion from federal grant 296,500.00 
Less balance 158,858.97 



465,753.91 

Net appropriation** $2,593,040.30 

* This amount available for expenditure only if funds are available 
as a federal grant. If the federal grant exceeds the above estimate such 
excess may be expended for said purposes with the approval of the gov- 
ernor and council. 

For the fiscal year ending June 30, 1960 the share which a county 
or town must reimburse the state for aid to totally and permanently dis- 
abled persons for which such county or town is liable shall be thirty-five 
per cent. Provisions of the law inconsistent with the provision hereof are 
hereby suspended until June 30, 1960. 

** In addition to this amount and of the balance existing within 
the accounts of the department of public welfare as of June 30, 1959 
over and above the amount of $158,858.97 an amount of $194,284.88 
shall be available for expenditure subject to the provisions of the fol- 
lowing: 

Subject to governor and council approval, upon presentation of 
evidence that cost of living increases and/or increase in case load, 
and/or increase in medical payments are occurring in aid to dependent 
children and/or aid to needy blind, and/or aid to permanently and totally 
disabled, transfers to said programs may be made from this balance. 

NOTE: The appropriation made above for the department of 
public welfare includes $258,917.95 for the purpose of increasing the 
rate to Nursing Homes for the care of Welfare recipients by $1.00 
per day; $21,842.00 for the purpose of increasing the rates paid to 
druggists for the purchase of drug items for Welfare recipients ; 
$36,536.80 for the purpose of increasing the rates paid to Hospitals for 
the care of Welfare recipients; and $18,357.58 for the purpose of in- 
creasing the rates paid to Funeral Directors for burials of Welfare 
recipients, provided, however, with the approval of governor and coun- 
cil and (1) from any available funds or (2) as a charge back to local 
units of government in accordance with legal liability under the settle- 
ment law, the rate to nursing homes for the care of welfare recipients 
may be increased to an additional sum not to exceed $0.50 per day; 
an additional sum of not exceeding $9,146.20 may be expended for the 
purpose of increasing the rates paid to hospitals for the care of welfare 
recipients; and an additional sum of not exceeding $9,181.42 may be 
expended for the purpose of increasing the rates paid to funeral directors 
for burials of welfare recipients. 

For veterans council : 

Personal services $11,793.08 

Current expenses 840.00 

Travel 1,800.00 



1959] 



Chapter 268 




327 


Equipment 


4,000.00 




Other expenditures: 






Veterans burials 


4,500.00 




Total 




$22,933.03 


For recreation division (forestry 




and recreation) : 






Administration : 






Salary of director 


$10,387.18 




Salary of assistant director 


8,344.18 




Other personal services 


116,531.18 




Current expenses 


51,207.00 




Travel 


6,367.00 




Equipment 


10,094.00 




Other expenditures : 






Employees retirement 


4,000.00 




Oasi 


6,700.00 




Total 




$213,630.54 


Service parks: 






Personal services 


$235,598.45 




Current expenses 


66,860.00 




Travel 


2,212.00 




Equipment 


12,457.00 




Other expenditures: 






Injured employees 


1,850.00 




Prison program 


10,600.00 




Total 




329,577.45 


Self-supporting parks: 






Personal services 


$389,015.08 




Current expenses 


125,372.00 




Travel 


1,235.00 




Equipment 


8,050.00 




Other expenditures : 






Injured employees 


2,000.00 





Total 525,672.08 

Bonds and interest: 

Mt. Sunapee tramway $25,850.00 

Recreational areas, 

issue of 1954 12,900.00 

Recreational facilities, 

issue of 1954 51,425.00 



328 Chapter 268 [1959 

Recreational facilities, 

issue of 1956 17,632.50 

Recreational facilities, 

to be issued 11,640.00 



Total 119,447.50 



Total for recreation $1,188,327.57 

Less revenue and balance 1,045,510.56 



Net appropriation $142,817.01 



Hampton beach parking facility : 

Current expenses $10,074.00 

Other expenditures : 

Hampton sea wall bonds 50,000.00 

Interest on bonds 26,437.50 



Total 


$86,511.50 


Less estimated revenue 


30,000.00 


Net appropriation 


$56,511.50 


For secretary of state : 




Office of secretary: 




Salary of secretary 


$9,756.64 


Salary of deputy secretary 


7,524.20 


Other personal services 


34,728.30 


Current expenses 


4,482.00 


Travel 


700.00 


Equipment 


735.00 


Other expenditures : 




Preservation of state and 




provincial records 


500.00 


Total 


$58,426.14 


Elections : 




Personal services 


$1,000.00 


Current expenses* 


37,075.00 


Travel 


75.00 



Total 38,150.00 

* In this appropriation, $24,000.00 shall be for printing and binding 
and any balance shall not lapse, but shall be available for expenditure in 
the following- year. 



1959] Chapter 268 329 

Photostat division: 

Personal services $4,150.96 

Current expenses 3,900.00 



Total 8,050.96 



Total for secretary of state $104,627.10 



For board of accountancy : 

Personal services $250.00 

Current expenses 450.00 

Travel 100.00 



Total $800.00 

Less revenue and balance 800.00 



Net appropriation 0.00 



For board of registration for architects : 

Personal services $700.00 

Current expenses 250.00 

Travel 300.00 

Equipment 50.00 



Total $1,300.00 

Less revenue and balance* 1.300.00 



Net appropriation 0,00 



* Any revenue and balance in excess of $1,300.00 shall be available 
for such further expenditure as the governor and council shall approve. 

For state athletic commission : 

Personal services $350.00 

Current expenses 102.56 

Travel 129.00 



Total $581.56 

Less revenue and balance* 581.56 



Net appropriation 0.00 



* Any revenue and balance in excess of this amount shall be avail- 
able for such further expenditure as the governor and council shall 
approve. 



330 Chapter 268 [1959 



Chapter 268 




[ 


For board of chiropractic examiners : 






Personal services 


$700.00 




Current expenses 


300.00 




Travel 


500.00 




Total 




$1,500.00 


For board of registration for 




professional engineers : 






Personal services 


$2,200.00 




Current expenses 


1,090.00 




Travel 


760.00 




Equipment 


50.00 




Total 


$4,100.00 




Less revenue and balance* 


4,100.00 




Net appropriation 




0.00 



* Any revenue and balance in excess of this amount shall be avail- 
able for such further expenditure as the governor and council shall 
approve. 

For board of registration in optometry : 



Personal services 


$500.00 


Current expenses 


200.00 


Travel 


460.00 


Total 


$1,160.00 


For state library: 




Administration : 




Salary of librarian 


$8,960.12 


Salary of assistant librarian 


7,488.00 


Other personal services 


108,401.79 


Current expenses 


10,678.00 


Travel 


800.00 


Equipment 


21,026.00 


Total 


$157,353.91 


Extension : 




Current expenses 


$5,605.00 


Travel 


2,800.00 


Equipment 


11,000.00 



1959] Chapter 268 331 

Other expenditures : 

Institutes and workshops 300.00 



Total 




19,705.00 


State aid : 






Grants-in-aid to rural libraries 




1,500.00 


Federal aid : 






Personal services 


$25,819.02 




Current expenses 


6,695.00 




Travel 


1,050.00 




Equipment 


15,000.00 




Other expenditures : 






Public relations 


12,950.98 




Oasi 


500.00 




Total* 


$62,015.00 




Less estimated revenue'" 


62,015.00 




Net appropriation 


$ 


0.00 


Total for state library 


178,558.91 



* This amount available for expenditure only if funds are available 
as a federal grant. 

For state police: 

Salary of superintendent $10,192.00 

Other personal services 588,042.66 

Current expenses 61,369.85 

Travel 122,666.85 

Equipment 75,096.50 
Other expenditures: 

Retirement and oasi 34,658.34 



Total for state police $892,026.20 
Less transfer from hig-h way- 
fund 667,211.73 
Less transfer from turnpikes 107,071.22 



Net appropriation $117,743.25 



For state treasury: 
Office of the treasurer : 

Salary of treasurer $9,636.12 

Salary of deputy 8,164.00 



332 



Chapter 268 



[1959 



Other personal services 
Current expenses 
Travel 
Equipment 



71,297.36 

23,371.00 

500.00 

1,550.00 



Total 


$114,518.48 


Trust funds 


37,095.27 


Expense re head tax 


100.00 


Total for state treasury 


$151,713.75 


Less transfer from highway fund 17,228.33 


Net appropriation 


$134,485.42 


For industrial school : 




Administration : 




Salary of superintendent 


$8,840.00 


Salary of deputy superintendent 


5,774.00 


Other personal services 


16,868.76 


Current expenses 


5,634.00 


Travel 


1,100.00 


Equipment 


600.00 


Total 


$38,816.76 


Instruction : 




Personal services 


$38,643.65 


Cun'ent expenses 


1,600.00 


Equipment 


224.00 


Total 


40,467.65 


Custodial care: 




Personal services 


$193,107.14 


Current expenses* 


70,289.50 


Equipment 


3,634.50 


Other expenditures: 




Custody of certain inmates 


2,500.00 


Total 


269.531.14 


Auxiliary to custodial care : 




Personal services 


$3,200.16 


Current expenses 


60.00 


Travel 


150.00 



Total 



3,410.16 



1959] Chapter 268 833 

Operation of plant: 

Personal services $14,797.62 

Current expenses 36,834.00 

Equipment 8,245.00 



Total 59,876.62 

Maintenance of plant : 

Personal services $25,564.47 

Current expenses 9,239.00 

* In this appropriation $22,485.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$22,485.00. 

Equipment 1,317.24 



Total 




36,120.71 


Agriculture : 






Personal services 


$14,331.98 




Current expenses 


15,300.00 




Equipment 


775.00 




Total 


$30,406.98 




Less credit transfer 


22,485.00 


1 


Less estimated revenue 


5,925.00 




Net appropriation 




1,996.98 


Boys' and girls' benefit fund : 






Current expenses 




4,926.00 


Parole : 






Personal services 


$19,833.80 




CuiTent expenses 


350.00 




Travel 


1,900.00 




Total 


$ 


22,083.80 


Total for industrial school 


477,229.82 


Less refunds (maintenance) 


$ 


8,650.00 


Net appropriation 


468,579.82 


Dr Laconia state school: 






Administration : 






Salary of superintendent 


$10,192.00 





334 Chapter 268 fl959 

Salary of deputy superintendent 8,346.00 

Other personal services 42,242,42 
Current expenses 3,158.00 

Travel 1,595.00 

Equipment 3,050.00 



Total $68,583.42 

Professional care and treatment: 

Personal services $690,253.92 

Current expenses 16,130.00 

Travel 300.00 

Equipment 2,768.00 



Total 709,451.92 

Custodian care : 

Personal services $205,571.27 

Current expenses* 273,204.80 

Travel 100.00 

* In this appropriation $90,000.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$90,000.00. 

! Equipment 9,900.00 



Total 488,776.07 

Deration of plant: 

Personal services $44,200.66 

Current expenses** 82,225.00 



Total 126,425.66 

Maintenance of plant : 

Personal services $22,466.88 

Current expenses*** 38,975.00 

Equipment 2,000.00 



Total 63,441.88 

** In this appropriation $2,000.00 shall be for lumber used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all lumber used even though in excess of 
$2,000.00. 

*** In this appropriation $10,000.00 shall be for care of grounds, 
snow removal, etc., and the institution's farm shall receive credit for all 
supplies, work and services rendered even though in excess of $10,000.00. 
No part of this appropriation shall be transferred to any other appropria- 
tion or expended for any other purpose. 



1959] Chapter 268 885 

Agriculture : 

Personal services $55,523.56 

Current expenses 45,615.00 

Travel 55.00 

Equipment 8,050.00 



Total $109,243.56 

Less credit transfer 102,000.00 

Less revenue 6,000.00 



Net appropriation 1,243,56 



Total for Laconia state school $1,457,922.51 

Less refunds (maintenance) 29,500.00 



Net appropriation $1,428,422.51 



For prison industries: 

Personal services $79,962.63 

Current expenses 137,543.00 

Travel 450.00 



Total $217,955.63 

Less estimated revenue* 217,955.63 



Net appropriation 0.00 



* In this appropriation any revenue in excess of $220,000.00 shall 
be available for such further expenditure for said purposes as the gov- 
ernor and council shall approve. 

For soldiers' home : 
State funds: 

Office of commandant : 

Salary of commandant $5,400.38 

Other personal services 4,530.36 



Total $9,930.74 

Custodial care : 

Personal services 22,222.96 

Professional care and treatment: 

Personal services 26,051.79 

Operation of plant : 

Personal services 21,079.35 



336 Chapter 268 [1959 

Maintenance of plant : 
Other expenditures: 

Temperature mixing valves on 

hot water lines $500.00 

Painting exterior of 

dispensary building 3,000.00 



Total 3,500.00 

Federal funds: 
Custodial care: 

Personal services $6,353.54 

Operation and maintenance of plant : 

Current expense 21,365.00 

Travel 280.00 

Equipment 50.00 

Other expenditures : 

Snow ploughing, refuse removal 
and laundry services 850.00 



Total $28,898.54 

Less revenue and balance 28,898.54 



Net appropriation 0.00 



Total for soldiers' home $82,784.84 

Less refunds (maintenance) 1,000.00 



Net appropriation $81,784.84 



For state hospital: 
Administration : 

Salary of superintendent $12,896.00 
Salary of assistant superintendent 10,192.00 

Other personal services 119,133.05 

Current expenses 32,790.00 

Travel 1,700.00 



Total $176,711.05 

Professional care and treatment: 
Salary of director of psychiatric 

education and research $9,552.40 

Salary of director of correctional 

psychiatry 9,326.19 



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338 



Chapter 268 



[1959 



Memorial unit: 

Personal services $18,080.68 

Current expenses 12,531.00 

Total 30,611.68 

Agriculture : 

Personal services $64,235.46 

Current expenses 50,927.00 

Travel 25.00 

Equipment 5,525.00 

Total $120,712.46 

Less credit transfers 134,160.00 

Less revenue 2,300.00 

Net reduction -15,747.54 

Total for state hospital $4,672,712.24 

Less refunds (maintenance) 68,000.00 

Net appropriation $4,604,712.24 

For state prison: 
Administration: 
Salary of warden 
Other personal services 
Current expenses 
Travel 
Equipment 

Total $26,006.86 

Instruction : 

Personal services 3,600.48 

Custodial care: 

Salary of deputy warden $6,350.24 

Other personal services . 216,921.52 

Current expenses* 86,605.00 

Equipment 3,100.00 

* In this appropriation $19,000.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$19,000.00. 



$8,865.41 

13,321.45 

1,895.00 

1,500.00 

425.00 



1959] Chapter 268 339 

Other expenditures : 

Custody of certain inmates** 2,500.00 



Total 315,476.76 

Auxiliary to prison care and custody : 

Personal services $6,500.00 

Cun-ent expenses 3,500.00 

Other expenditures: 
Awards — gate money 1,800.00 



Total 11,800.00 

** This appropriation shall be available for the custody of un- 
manageable inmates in out-of-state institutions or federal penitentiaries 
when no suitable institution exists in New Hampshire. Any payments out 
of this appropriation shall be made with the approval of the governor and 
council. This fund may also be used for such inmates who have been sent 
to such out-of-state institutions from the Laconia state school and the 
state hospital. No part of this appropriation shall be transferred to any 
other appropriation or expended for any other purpose. 

Operation of plant: 

Personal services 22,082.80 

Maintenance of plant : 



Current expenses 


$13,785.00 




Equipment 


650.00 




Total 




14,435.00 


Agriculture : 






Personal services 


$13,687.92 




Current expenses 


22,174.00 




Other expenditures: 






Slaughtering, cutting and 






curing meat 


1,000.00 




Registration fees 


45.00 




Total 


$36,906.92 




Less credit transfer 


19,000.00 




Less revenue 


24,000.00 




Net reduction 




-6,093.08 


Parole : 






Personal services 


23,593.56 




Current expenses 


1,163.00 




Travel 


3,305.00 




Equipment 


2,016.00 




Total 


$ 


30,077.56 


Total for state prison 


417,386.38 



340 Chapter 268 [1959 

Less estimated revenue $2,625.00 

Less refunds (maintenance) 2,242.50 



4,867.50 
Net appropriation $412,518.88 



For state sanatorium : 
Administration : 

Salary of superintendent $10,252.06 

Other personal services* 14,444.58 

Current expenses 2,520.00 

Travel 1,540.00 



Total $28,756.64 

Professional care and treatment: 

Personal services $123,555.99 

Current expenses 19,360.00 

Equipment 810.00 

* Of this amount the sum of $1,000.00 shall be paid to the superin- 
tendent, in addition to his regular salary, for extra work in connection 
with out-patient services. 

Other expenditures: 

Other hospitalization — board 

and care 4,000.00 



Total 147,725.99 

Custodial care: 

Personal services $68,712.86 

Current expenses* 40,255.00 

Equipment 1,790.00 



Total 110,757.86 

Operation of plant : 

Personal services $47,048.89 

Current expenses 24,417.00 

* In this appropriation $7,430.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$7,430.00. 



1959] Chapter 268 341 

Other expenditures: 
Cutting- wood for 
institutional buildingsf 1,000.00 



Total 72,465.89 

Maintenance of plant: 

Personal services $600.00 

t This appropriation shall be for services, supplies and equipment 
used from the institution's farm. The farm shall receive credit for all 
services, supplies and equipment used even though in excess of $1,000.00. 

Current expenses 7,822.50 



Total 8,422.50 

Agriculture : 

Personal services $10,407.26 

Current expenses 5,510.00 

Equipment 2,300.00 



Total $18,217.26 

Less credit transfer 8,430.00 

Less estimated revenue 6,975.00 



Net appropriation 2,812.26 



Total for sanatorium $370,941.14 

Less refunds (maintenance) 12,000.00 



Net Appropriation $358,941.14 



For University of New Hampshire: 

Total $3,244,136.59 



The sum hereby appropriated shall be the total appropriation for 
the university and shall be in lieu of requirements for appropriation 
under RSA 187:24 and the requirements for the appropriation of 
$92,400. for county extension work under RSA 187:23 (supp) as 
amended by 1957, 312:1, For the fiscal year ending- June 30, 1960 
such part of the formula for computation of so-called millage tax pro- 
vided by RSA 187:24 inconsistent w^ith the provisions of this paragraph 
shall be suspended. 

For board of education: 
Administration : 

Salary of commissioner $13,443.22 

Salary of deputy commissioner 10,492.00 

Other personal services 119,420.27 

Current expenses 15,320.00 

Travel 9,000.00 



342 Chapter 268 [1959 

Equipment 2,565.00 

Other expenditures : 

Revision of courses of study 1,600.00 



Total $171,840.49 

Foundation aid : 

State aid to school districts $1,200,400.00 

Transportation, board, tuition 6,000.00 



Total 1,206,400.00 

State-wide supervision : 

Personal services (for salaries and 
travel of superintendents, assist- 
ant superintendents and helping 
teachers)! $564,394.00 

Other expenditures: 

Superintendents' conference 2,000.00 



Total 566,394.00 

t The board of education shall receive for disbursement sums paid 
by school districts for the additional salaries of superintendents under 
the provisions of RSA 189:44. In the above appropriation $361,504.00 
shall come from funds received under RSA 189:44 and the state's share 
shall not exceed $202,890.00. 

Smith-Hughes: state 

Personal services $6,730.23 

Current expenses 200.00 

Travel 1,000.00 



Total 7,930.23 

Smith-Hughes : federal 

Personal services $6,730.23 

Current expenses 200.00 

Travel 1,100.00 

Other expenditures: 

Reimbursements to school 
districts for salaries and 
travel of teachers 24,496.27 



Total* $32,526.50 

Less estimated revenue* 32,526.50 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 



1959] Chapter 268 343 

Vocational rehabilitation: state 

Personal services $13,673.03 

Current expenses 28,040.95 

Travel 2,092.00 

Equipment 1,145.29 



Total 44,951.27 

Vocational rehabilitation: federal 

Personal services $28,787.32 

Current expenses 50,390.23 

Travel 2,708.00 

Equipment 1,663.71 
Other expenditures: 

Retirement and oasi 1,718.23 



Total* $85,267.49 

* This amount available for expenditure only if funds are available 
as a federal grant. 

Less estimated revenue* 85,267.49 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 

George-Barden : state 

Personal services $19,173.90 

Current expenses 200.00 

Travel 1,500.00 



Total 20,873.90 

George-Barden : federal 

Personal services $20,089.47 

Current expenses 800.00 

Travel 1,800.00 

Other expenditures : 

Reimbursements to school districts 
for salaries and travel of 
teachers 112,310.53 



Total* $135,000.00 

Less estimated revenue* 135,000.00 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 



344 Chapter 268 [1959 

N. H. technical institute — Manchester: 

Personal services $138,031.46 

Current expenses 45,575.00 

Travel 500.00 

Equipment 6,420.00 



Total 


$190,526.46 


Less estimated revenue 


: 


Tuition 


53,000.00 


Other 


22,300.00 


Net appropriation 




N, H. technical institute — Portsmouth : 


Personal services 


$77,438.78 


Current expenses 


30,640.00 


Travel 


750.00 


Equipment 


5,798.00 


Total 


$114,626.78 


Less estimated revenue : 




Tuition 


32,320.00 


Other 


14,575.00 


Net appropriation 




N. H. technical institute — Concord office : 


Personal services 


$915.59 


Current expenses 


660.00 


Travel 


900.00 


Total 




Veterans' educational services: 


state 


Current expenses 


$590.00 


Equipment 


215.00 


Total 




Veterans' educational services: 


federal 


Personal services 


$9,476.22 


Travel 


1,200.00 



Total* $10,676.22 

Less estimated revenue* 10,676.22 



115,226.46 



67,731.78 



2,475.59 



805.00 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 



1959] Chapter 268 345 

School lunch program : state 

Personal services $14,246.04 

Current expenses 400.00 

Travel 1,200.00 



Total 15,846.04 

School lunch program: federal 
Other expenditures: 

Reimbursements to school districts 
for school lunches to children* $287,792.00 
Less estimated revenue* 287,792.00 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 

Special school milk iDrogram : federal 
Other expenditures : 

Reimbursements to school 

districts* $186,245.00 

Less estimated revenue* 186,245.00 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 

Education of deaf: 

Current expensesf $171,050.00 

Travel 400.00 



Total 171,450.00 

t These funds shall not be expended for any other purpose and no 
transfer shall be made therefrom. 

Area vocational schools: state 

Personal services $2,633.37 

Current expenses 775.00 

Travel 750.00 

Other expenditures: 

Reimbursements to school 

districts 45,811.63 



Total 49,970.00 

Practical nurse training: federal 

Personal services $2,633.36 

Current expenses 175.00 

Travel 550.00 



346 Chapter 268 [1959 

Other expenditures: 

Reimbursements to school 

districts 15,067.64 



Total* $18,426.00 

Less estimated revenue* 18,426.00 



Net appropriation 0,00 

* This amount available for expenditure only if funds are available 
as a federal grant. 

Keene teachers college: 
Administration : 

Salary of president $10,372.18 

Other personal services 31,131.80 

Current expenses 6,025.00 

Travel 1,220.00 

Equipment 1,300.00 



Total 50,048.98 

Instruction : 

Personal services $411,945.36 

Current expenses 26,850.00 

Travel 4,350.00 

Equipment 12,500.00 
Other expenditures: 

Scholarships! 27,000.00 

Library 2,650.00 

Teachers retirement 4,500.00 



Total 489,795.36 

Custodial care: 

Personal services $112,345.99 

Current expenses 80,325.00 

Equipment 3,000.00 



Total 195,670.99 

t It shall be a condition precedent to granting a scholai'ship to a 
person attending the teachers college that said person shall sign an agree- 
ment that after graduation he will teach in the state for as many years as 
he was recipient of said scholarship and that if he shall not so teach for 
the required number of years he will reimburse the state for the amount 
of the scholarship aid he received. 

Operation and maintenance of plant: 

Personal services $53,892.52 



1959] Chapter 268 347 

Current expenses 76,212.50 

Equipment 3,900.00 



Total 134,005.02 

Amortization of investment in : 
Dormitory (Monadnock hall) 

Bonds and interest $21,862.50 

Book store and snack bar 1,267.00 



Total $23,129.50 

Less revenue 23,129.50 



Net appropriation 0.00 



Total for Keene teachers college $869,520.35 

Less estimated revenue: 

Board and room $229,700.00 

Practice schools 61,000.00 

Extension schools 14,625.00 

Tuition 166,500.00 

Other revenue 4,537.56 



476,362.56 

Net appropriation $393,157.79 

Plymouth teachers' college: 
Administration : 

Salary of president $10,252.00 

Other personal services 29,561.19 

Current expenses 10,500.00 

Travel 1,000.00 

Equipment 680.00 



Total $51,993.19 

Instruction : 

Personal services $291,054.00 

Current expenses 12,150.00 

Travel 4,600.00 

Equipment 5.000.00 
Other expenditures: 

Scholarships! 17,000.00 

t It shall be a condition precedent to g:ranting a scholarship to a 
person attending the teachers college that said person shall sigTi an agree- 
ment that after graduation he will teach in the state for as many years 
as he was recipient of said scholarship and that if he shall not so teach 
for the required number of years he will reimburse the state for thp 
amount of the scholarship aid he received. 



348 Chapter 268 [1959 



Chapter 268 

Library- 
Teachers retirement 


[: 

5,000.00 
4,050.00 


Total 

Custodial care: 
Personal services 
Current expenses 
Equipment 


338,854.00 

$96,265.24 

82,100.00 

2,200.00 


Total 180,565.24 

Operation and maintenance of plant: 

Personal services $56,123.80 
Current expenses 60,100,00 
Equipment 140.00 


Total 

Amortization of investment in: 
Men's dormitory- 
Bonds and interest 
Less revenue 


116,363.80 

$10,080.00 
10,080.00 


Net appropriation 


0.00 


Total for Plymouth teachers 

Less estimated revenue : 
Board and room 
Practice schools 
Extension courses 
Tuition 
Other revenue 


college $687,776.23 

$199,220.00 

52,800.00 

10,000.00 

95,100.00 

8,775.00 


Deduct revenue applied 
to amortization 


$365,895.00 
10,080.00 




355,815.00 


Net appropriation 


$331,961.23 



School building construction: 
Other expenditures: 

Aid to school districts for school 

building construction $726,338.00 



1959] Chapter 268 349 

Oasi program re vocational rehabil- 
itation: federal 

Personal services $25,745.33 

Current expenses 15,610.00 

Travel 2,100.00 

Equipment 250.00 

Other expenditures: 

Retirement and oasi 1,434.02 



Total* $45,139.35 

Less estimated revenue* 45,139.35 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 

Scholarships — world war oi'phans 

(as provided by RSA 193:19) 2,700.00 

Loan fund for technical institutes — 
to be expended as provided in 
RSA 188:11 5,000.00 

Board of nurse examiners: 

Personal services $17,822.40 

Current expenses 4,220.00 

Travel 985.00 

Equipment 241.95 

Other expenditures: 

Retirement and oasi 992.76 



Total $24,262.11 

Less revenue and balance 24,262.11 



Net appropriation 0.00 



Total for board of education $3,901,041.78 

Less estimated revenue 622,426.00 



Net appropriation $3,278,625.78 



In addition to the above appropriation, said department shall re- 
ceive for disbursement any excess over the estimates in the income of 
the teachers colleges' facilities (dormitories, auditoriums and gym- 
nasiums), tuition, practice schools, extension courses, and revenue from 
tuition and supplies received by the Manchester and Portsmouth technical 
institutes, provided, however, that said department may disburse any 
such excess, with the approval of the governor and council, only in con- 
nection with those services from which the excess arose. Any income in 
excess of $11,700.00 from the cafeteria at Manchester technical institute 
shall be available for further expenditure in connection with the cafe- 
teria, and likewise any income in excess of $9,875.00 from the cafeteria 



350 Chapter 268 [1959 

at Portsmouth technical institute shall be available for further expendi- 
ture in connection with the cafeteria. No nursery school program shall 
be allowed at either Keene or Plymouth teachers colleges, and no funds 
out of this appropriation or any other available funds shall be used for 
this purpose. 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 percent of the total pupils in the 
supervisory union have voted favorably upon the establishment of the 
position. No child under five years of age shall be eligible for education 
by the state under the program for the deaf. 

For board of fire control: 

Salary of state fire marshal $8,224.06 

Other personal services* 17,602.52 

Current expenses 2,040.00 

Travel! 4,100.00 

Equipment 1,292.00 



Total $33,258.58 



* In this appropriation $3,520.14 shall be for a temporary inspector 
whose services shall be used solely for the inspection of schools and nurs- 
ing homes. No part of said $3,520.14 shall be transferred to any other 
account. Notwithstanding any provisions to the contrary in the personnel 
act, said temporary position may be filled until June 30, 1960. 

t In this appropriation $700.00 shall be for travel expense for the 
temporary inspector provided for above in the appropriation for per- 
sonal sei^vices and no part of said $700.00 shall be used for any other 
purpose and no transfer shall be made therefrom. 

For board of probation : 

Salary of director $9,020.18 

Other personal services* "^ 177,737.11 

Current expenses 12,000.00 

Travel 16,500.00 

Equipment 1,955.00 



Total $217,212.29 

Less refund 5,264.46 



Net appropriation $211,947.83 



** In this appropriation $4,240.08 shall be for the salary of tempo- 
rary financial agent. 

For water resources board : 

Salary of chairman $9,721.59 

Other personal services 26,641.74 

Current expenses 2,510.00 

Travel 3,963.64 

Equipment 3,225.00 

Total $46,061.97 



1959] Chapter 268 351 

Other expenditures: 

Maintenance of dams** 1,250.00 

Dams in disrepair (construction) f 10,000.00 

Stream flow gauging 14,284.00 

* * The funds in this appropriation shall not lapse, but shall be avail- 
able for expenditure in the following year. 

t The funds in this appropriation shall not lapse. 

Connecticut river valley flood 
control commission: 

Per diems and expenses of 

N. H. Commission $1,200.00 

State's contribution to 

commission 1,500.00 



Total 2,700.00 

Merrimack river flood control 
commission : 

Per diems and expenses of 

N. H. Commission $1,200.00 

State's contribution to 

commission 6,000.00 



Total 7,200.00 

Taxation re Pittsburg and 

Clarksville 12,500.00 



Total for water resources board $93,995.97 

Less transfer from highway $6,000.00 
Less transfer from Pittsburg 

project* 7,000.00 

Less transfer from Winnipe- 

saukee project* 3,000.00 

Less estimated revenue 5,484.00 



21,484.00 
Net appropriation $72,511.97 

* Transferred by vote of the directors. 

For aeronautics commission: 
Administration : 

Salary of director $8,344.18 

Other personal services 18,919.70 

Current expenses 2,800.00 



352 Chapter 268 [1959 

Travel 2,150.00 

Equipment 450.00 



Total $32,663.88 

Less estimated revenue 4,200.00 
Less transfer from airways 

toll fund 2,993.12 



Net appropriation $25,470.76 

Airways toll fundrf 

Transfer to administration $2,993.12 

Other expenditures 9,006.88 



Total $12,000.00 

Less transfers and balance 12,000.00 



Net appropriation 0.00 



Total for aeronautics commission $25,470.76 



t Expenditures shall not exceed existing- balance plus revenue. 

For bank commissioner: 

Salary of commissioner $11,661.60 

Salary of deputy bank commissioner 9,460.12 
Salary of assistant 

bank commissioner 8,829.64 

Other personal services 96,568.51 

Current expenses 14,970.00 

Travel 18,850.00 

Equipment 5,536.00 
Other expenditures : 

Retirement and oasi 6,647.81 



Total for bank commis- 
sioner $172,523.68 
Less revenue* 160,862.08 



Net appropriation $11,661.60 



* The bank commissioner shall collect in the manner as indicated in 
section 7 of this act, from the institutions, the condition and management 
of which he is required to examine and supervise under the provision of 
RSA 383 :9 as the cost of such supei-vision and examination, a sum equal 
to the amount of the difference between the total amount appropriated 
for the bank commissioner's department and the amount designated 
herein as the salary of the commissioner, for the fiscal year ending June 
30, 1960. All amounts collected under the provisions hereof shall be used 
to reduce the amount required to be collected from the above mentioned 
institutions in the fiscal year 1961. 



1959] Chapter 268 353 

For liquor commission: 
Liquor administration : 
One-half salary of three 

commissioners $13,639.60 

Other personal services 91,690.09 

Current expenses 31,440.00 

Travel 1,950.00 

Equipment 1,040.00 

Other expenditures : 

Retirement 2,800.00 

Oasi 2,550.00 



Total 


$145,109.69 


Beer administration : 




One-half salary of three 




commissioners 


$13,639.60 


Other personal services 


91,359.69 


Current expense 


13,300.00 


Travel 


24,100.00 


Equipment 


1,040.00 


Other expenditures : 




Retirement 


2,850.00 


Oasi 


2,650.00 


Total 


148,939.29 


Liquor enforcement : 




Personal services 


$28,992.80 


Current expenses 


215.00 


Travel 


7,900.00 


Other expenditures : 




Retirement 


800.00 


Oasi 


750.00 



Total 38,657.80 

Stores operation : 

Personal services $763,152.39 

Current expenses 275,200.00 

Travel 11,300.00 

Equipment 29,838.00 
Other expenditures: 

Retirement 18,900.00 

Oasi 20,875.00 



Total 1,119,265.39 



354 Chapter 268 [1959 

Warehouse : 

Personal services $84,774.58 

Current expenses 9,931.00 

Travel 25.00 

Equipment 2,795.00 
Other expenditures: 

Retirement 2,150.00 

Oasi 2,315.00 



Total 101,990.58 



Total for liquor commission $1,553,962.75 

Less revenue 1,553,962.75 



Net appropriation 0.00 



For planning and development 
commission : 

Salary of executive director $10,192.00 

Other personal services 165,607.75 

Current expenses 132,700.00 

Travel 13,900.00 

Equipment 1,742.50 
Other expenditures : 

Regional associations* 21,000.00 

Eastern states exposition 8,000.00 

Montreal office 10,000.00 



Total $363,142.25 

Geology booklets $1,000.00 

Less revenue and balancef 1,000.00 



Net appropriation 0.00 

Vacation bulletin $1,000.00 

Less revenue and balancef 1,000.00 



Net appropriation 0.00 

* This appropriation shall be administered by the state planning 
and development commission for the aid of the regional development 
associations. Not more than $3,500.00 may be allotted by the commission 
to any one regional association whose bounds, form of organization and 
program shall have first been approved by the commission. Any unex- 
pended portion of this appropriation shall lapse and shall not be trans- 
ferred to any other state appropriation. 

t Any revenue and balance in excess of $1,000.00 shall be available 
for such further expenditure for said purposes as the governor shall 
approve. 



1059] Chapter 268 355 

Port authority : 

Harbor masters $3,000.00 

Other personal services 3,000.00 

Current expenses 4,000.00 

Travel 1,000.00 

Equipment 1,000.00 



Total for ^ort authority $12,000.00 

Urban planning assistance : 

Personal services $22,000.00 

Current expenses 1,750.00 

Travel 1,250.00 

Other expenditures 500.00 



Total $25,500.00 

Less estimated revenuej 23,500.00 



Net appropriation 2,000.00 

J Any revenue and balance in excess of this estimate shall be avail- 
able for such further expenditure for said purposes as the governor and 
council shall approve. Any balance of funds on hand at the end of the 
fiscal year on June 30, 1959 for urban planning assistance shall be trans- 
ferred to the above appropriation which shall be non-lapsing. The state's 
share in the above appropriation shall not exceed $2,000.00. 



Total for planning and 

development commission $377,142.25 



For public utilities commission: 
Office of the commission : 

Salary of three commissioners $32,664.06 

Other personal services 82,002.67 

Current expenses 5,600.00 

Travel 2,750.00 

Equipment 460.00 



Total $123,476.73 

Motor carriers: 

Personal services $6,630.85 

Current expenses 1,275.00 

Travel 535.00 
Other expenditures: 

Retirement and oasi 352.76 

Total* $8,793.61 



356 Chapter 268 [1959 

Less revenue and balance* 8,793.61 



Net appropriation 0.00 

Motor boat registration : 

Personal services $68,765.92 

Current expenses 34,425.00 

Travel 10,000.00 

Equipment 1,500.00 
Other expenditures: 

Retirement and oasi 1,700.00 



Total** $116,390.92 

Less revenue and balance** 116,390.92 



Net appropriation 0.00 



Total for public utilities commission $123,476.73 



* Expenditures in this appropriation shall not exceed revenue and 
balance. Any revenue actually received and balance in excess of $8,793.61 
shall be available for such further expenditures as provided by statute 
and approved by the governor and council. 

** Expenditures in this appropriation shall not exceed revenue and 
balance. Any revenue actually received and balance in excess of $116,- 
390.92 shall be available for such further expenditure as provided by 
statute and approved by the governor and council. 

For racing commission : 
Thoroughbred racing: 

Salary of three commissioners $6,000.51 

Other personal services* 39,830.24 

Current expenses** 4,085.00 

Travel 4,000.00 

Equipment 450.00 



Total $54,365.75 

Less revenue 54,365.75 



Net appropriation 0.00 

Harness racing: 

Personal services* $77,026.52 

Current expenses 8,612.00 

* Such portion of this amount as constitutes the compensation of 
the official steward or associate judge of the state racing commission, 
shall be reimbursed to the state by the person, association, or corpora- 
tion conducting the race or meet. 

** In this appropriation $800.00 shall be for printing, including 
rule books, and $1,000.00 shall be for chemistry research. No transfers 
shall be made from said amounts. 



1959] Chapter 268 357 

Travel 12,742.00 

Equipment 1,112.00 



Total $99,492.52 

Less revenue 99,492.52 



Net appropriation 0.00 



For tax commission : 
Office of commission : 

Salary of two commissioners $17,740.06 

Salary of secretary 11,048.18 

Other personal servicesf 79,511.17 

Current expenses 14,000.00 

Travel 21,700.00 

Equipment 5,100.00 



Total $149,099.41 

Less estimated revenue 34,310.56 



Net appropriation $114,788.85 
Municipal accounting: 

Personal services $58,007.69 

Current expenses 1,550.00 

Travel 5,800.00 

Equipment 400.00 



Total $65,757.69 

Less estimated revenue 25,000.00 



Net appropriation 40,757.69 

t In this appropriation $13,290.42 shall be for the salaries of three 
temporary property appraisers II, $3,520.14 shall be for the salary of one 
temporary property appraiser I and $3,880.24 shall be for the salary of 
one temporary personal property appraiser. 

Intangible tax: 

Personal services $18,684.12 

Current expenses 2,875.00 

Travel 350.00 

Equipment 450.00 
Other expenditures: 

Retirement and oasi 1,007.10 



Total $23,366.22 

Less estimated revenue 23,366.22 



Net appropriation 0.00 



358 



Chapter 268 



[1959 



Utilities tax: 

Personal services $3,239.08 

Current expenses 150.00 

Equipment 400.00 

Total $3,789.08 

Less estimated revenue 3,789.08 

Net appropriation 

Legacy and succession tax: 

Personal services $23,410.87 

Current expenses 2,000.00 

Travel 100.00 

Equipment 200.00 

Total 

Tobacco products tax: 

Personal services $29,578.21 

Current expenses 13,900.00 

Travel 6,000.00 

Equipment 2,400.00 

Total 
Reimbursements to cities and 
towns for flood control purposes 
as provided under RSA 122t 
Forest conservation aid for purposes 
provided under RSA 79:16 as in- 
serted by 1955, 287:11. 

Forest conservation aid $30,000.00 

Special aid for heavily 

timbered towns 23,000.00 

Total 

Total for tax commission 



0.00 



$25,710.87 



51,878.21 



40,000.00 



53,000.00 



$326,135.62 



t No part of this amount shall be transferred to any other appro- 
priation. If this appropriation shall be insufficient to fulfill the require- 
ments of RSA 122:4 relative to reimbursements to cities and towns, the 
tax commission may use so much as may be necessary of the funds re- 
ceived from the Commonwealth of Massachusetts under RSA 487-A:l 
(supplement) as reimbursement to the state of New Hampshire under 
article V of the Men'imack x'iver flood control compact. 



1959] Chapter 268 359 

For water pollution commission: 
State funds : 

Personal services $49,634.89 

Current expenses 6,369.00 

Travel 8,000.00 

Equipment 410.00 



Total 


$64,413.89 


Federal funds: 




Personal services 


$17,071.57 


Current expenses 


2,928.43 


Travel 


3,000.00 


Equipment 


600.00 


Total* 


$23,600.00 


Less estimated revenue* 


23,600.00 



Net appropriation 0.00 

New England interstate water pollution 
control commission: 

Personal services $1,000.00 

Current expenses 1,150.00 

* This amount available for expenditure only if funds are available 
as a federal grant. If the federal grant exceeds the above estimate such 
excess may be expended for said purposes with the approval of the gov- 
ernor and council. 

Travel 1,300.00 



Total 3,450.00 



Total for water pollution commission $67,863.89 



For civil defense : 

Salary of director $7,488.00 

Other personal services 16,941.10 

Current expenses 5,210.00 

Travel 750.00 

Equipment 5,000.00 
Other expenditures : 

Training at federal schools 1,000.00 



Total $36,389.10 



360 Chapter 268 [1959 



Chapter 268 




Field staff: 




Current expenses 


$300.00 


Travel 


3,000.00 


Total 




Total for civil defense 




For civil air patrol — current expenses 


For employees' retirement system : 




Personal services 


$23,403.82 


Current expenses 


1,407.00 


Travel 


200.00 


Equipment 


1,143.50 


Other expenditures : 




Normal contribution for general 




employees 


212,472.00 


Total 


$238,626.32 


Less estimated revenue 


9,500.00 



3,300.00 
$39,689.10 

$8,500.00 



Net appropriation $229,126.32 

For firemen's retirement system $50,000.00 

For policemen's retirement system $59,000.00 
For teachers' retirement system : 



Personal services 


$22,230.70 


Current expenses 


2,035.00 


Travel 


950.00 


Equipment 


4,787.00 


Other expenditures: 




Normal contribution 


300,652.20 


Total for teachers' retirement system $330,654.90 


For mental hygiene and child 




guidance clinics : 




State funds : 




Salary of director 


$10,372.18 


Other personal services 


45,563.94 


Current expenses 


4,735.00 


Travel 


1,300.00 



1959] 



Chapter 268 



361 



Other expenditures: 




Consultants and grants-in- 




aid to communitiesf 


10,000.00 


Total 


$71,971.12 


3deral funds : 




Personal services 


$22,259.00 


Current expenses 


500.00 


Travel 


1,000.00 


Equipment 


300.00 



$25,000.00 
25,000.00 



t No part of this amount shall be transferred to any other appro- 
priation or expended for any other purpose. 

Other expenditures: 

Merit system 286.00 

Retirement and oasi 655.00 

Total* 

Less estimated revenue* 

Net appropriation 0.00 

Total for mental hygiene and 

child guidance clinics $71,971.12 

For fish and game department : 
Commission : 



$2,800.00 



Current expenses 
Travel 


$50.00 
2,750.00 


Total 

dministration : 
Salary of director 
Other personal services 
Current expenses 
Travel 
Equipment 


$10,372.18 

45,942.37 

32,984.00 

1.250.00 

582.75 



* This amount available for expenditures only if funds are available 
HS a federal grant. 



Other expenditures : 
Employees' retirement 
Oasi 



21,150.00 
17,000.00 



Total 



129,281.30 



362 Chapter 268 [1959 

Bounties : 

Other expenditures : 

Bobcat bounties 8,000.00 

Damage : 

Personal services $8,044.08 

Current expenses 8,788.00 

Travel 1,150.00 

Equipment 250.00 
Other expenditures: 

Grants (damage by game) 7,000.00 



Total 25,232.08 

Conservation officers: 

Personal services* $232,523.30 

Current expensesf 21,985.00 

Travel 78,800.00 

t No charge against this appropriation, or any other appropriation 
of the fish and game department, shall be made for telephone service for 
conservation officers, except for toll service. 

* In this appropriation $18,000.00 shall be solely for overtime for 
conservation officers and shall not be used for any other purpose. 

Equipment 5,432.80 



Total 338,741.10 

Education (publicity) : 

Personal services $19,145.76 

Current expenses 10,205.00 

Travel 1,500.00 

Equipment 1,101.00 

Other expenditures: 

Sportsman's show. Eastern 

States 1,000.00 



Total 32,951.76 

Propagation of fish : 

Personal services $239,380.35 

Current expenses 135,050.00 

Travel 7,500.00 

Equipment 8,480.00 



Total 390,410.35 

Propagation of game: 

Personal services $17,564.80 

Current expenses 14,935.20 



1959] Chapter 268 363 

Travel 300.00 

Equipment 1,600.00 

34,400.00 



Total 




Manag-ement and research : 




Personal services 


$131,787.75 


Current expenses 


42,275.00 


Travel 


6,075.00 


Equipment 


9,081.00 


Other expenditures : 




U. N. H. contract 


10,000.00 


Dams 


4,170.00 


Total 




Maintenance and construction : 




Personal services 


$60,886.70 


Current expenses 


31,450.00 


Travel 


4,800.00 


Equipment 


3,000.00 


Other expenditures: 




Dams 


3,000.00 



203,388.75 



Total 103,136.70 



Total for fish and game department $1,268,342.04 
Less revenue and balance 1,268,342.04 



Net appropriation 0.00 

In addition to the above appropriation, the fish and game departrnent 
may receive for disbursement any unexpended balances from previous 
years. Such balances shall be expended under the direction of the fish 
and game commission with the approval of the governor and council. Any 
sums received as revenue in excess of the estimated amount hereunder 
may also be expended under the direction of the fish and game commission 
with the approval of the governor and council. 

For public works division of department 
of public works and highways : 

Personal services $43,277.60 

Current expenses 5,745.00 

Travel 4,520.00 

Other expenditures 4,500.00 

Total $58,042.60 

Less estimated credits 12,300.00 



Net appropriation $45,742.60 



364 



Chapter 268 



[1959 



For public works and highways: 
Administration : 

Salary of commissioner $12,941.00 

Salary of deputy commissioner 11,108.24 
Salary of assistant commissioner 11,288.16 

Other personal services 214,230.27 

Current expenses 78,164.25 

Travel 2,410.00 

Equipment 480.00 



Total 

Engineering: 
Personal services 
Current expenses 
Travel 
Equipment 
Other expenditures: 
Special account for 

Overtime 

Temporary services 

Consultants 

Total 

Materials and research : 
Personal services 
Current expenses 
Travel 

Total 

Equipment transportation : 
Travel 

Mechanical division: 
Personal services 
Current expenses 
Travel 
Equipment 

Total 

Planning and economics: 
Personal services 
Current expenses 
Travel 



$325,621.92 



$1,861,019.18 

107,100.50 

178,848.00 

2,375.00 



107,578.75 
127,587.20 
300,000.00 



2,684,508.63 



$113,407.62 
26,257.00 
16,200.00 



155,864.62 
200,000.00 



$383,029.88 

725,794.63 

5,905.00 

533,244.00 



1,647,973.51 



$120,591.01 

15,298.00 

8,938.00 



Total 



144,827.01 



1959] Chapter 268 365 

Maintenance : 

Roads $6,509,404.00 

Bridges 530,000.00 

Highway marking and roadside 

development 483,980.90 



Total 7,523,384.90 

Legislative specials : 

Retirement $130,000.00 

Oasi 162,500.00 

Maintenance class V highways 200,000.00 

Claims 1,500.00 

Roads to public waters 5,000.00 

Accidents and compensation 39,200.00 

Special retirement 2,100.00 
Attorney general — for legal 

services 26,835.00 

State police 673,777.58 

State treasury — for services 17,228.33 
Water resources — stream flow 

gauging 6,000.00 



Total 1,264,140.91 

Debt service 2,621,495.00 

Land and building 181,871.48 

Construction and reconstruction: 
Matching funds (federal aid) : 

Interstate $13,795,261.00 

Primary 3,707,178.00 

Secondary 2,456,804.00 

Urban 856,173.00 



Total — matching fundsf $20,815,416.00 

t No transfers shall be made from this appropriation. 

Hopkinton — Everett dam 2,856,200.00 

State funds : 

Trunk line reconstruction 100,000.00 

State aid reconstruction 50,000.00 

State aid construction 125,000.00 

Town road aid 1,300,000.00 

Betterments 1,250,000.00 

State aid bridge construction 150,000.00 

Town road bridge 75,000.00 



566 



Chapter 268 



[1959 



Federal lands 
Damage 



50,000.00 
50,000.00 



Total for construction 
and reconstruction 
Contingent fund — for construc- 
tion, reconstruction and main- 
tenance, upon request of the 
Commissioner and subject to 
governor and council approval, 
transfers from this appropria- 
tion may be made to other op- 
erating accounts as are re- 
quired to carry out the 
construction, reconstruction and 
maintenance programs. 

Total for public works 
and highways 



26,821,616.00 



1,150,000.00 



$44,721,303.98 



Less estimated revenue and balance 



Gasoline road toll 
Motor vehicle fees 
Federal aid funds 
Municipalities share of 

urban projects 
Garage 

Other revenue 
Balance 

Total 

Net appropriation 



Supplemental appropriation for 
construction, reconstruction and 
maintenance of highways* 
Less funds to be obtained 
from issuance of bonds 



$13,417,000.00 

6,200,000.00 

20,713,753.00 

200,000.00 
2,000,000.00 

100,000.00 
2,090,550.98 



44,721,303.98 



0.00 



$6,500,000.00 
6,500,000.00 



Net appropriation 



0.00 



* No transfer shall be made from this appropriation other than to 
the construction, reconstruction and maintenance programs. 



1959] Chapter 268 367 

For eastern New Hampshire turnpike: 
Blue star memorial highway 
(Seabrook to Portsmouth) : 
Personal services $95,000.00 

Current expenses 75,000.00 

Travel 4,000.00 

Equipment 3,000.00 

Other expenditures: 

Maintenance 100,000.00 



Total $277,000.00 

Less revenue 277,000.00 



Net appropriation 0.00 

Spaulding turnpike : 

Personal services $75,000.00 

Current expenses 63,000.00 

Travel 4,000.00 

Equipment 2,800.00 
Other expenditures : 

Maintenance 100,000.00 



Total $244,800.00 

Less revenue 244,800.00 



Net appropriation 0.00 



Net appropriation for 

eastern New Hampshire turnpike 0.00 



For central New Hampshire turnpike: 

Personal services $88,318.00 

Current expenses 90,000.00 

Travel 3,500.00 

Equipment 2,686.10 
Other expenditures: 

Maintenance 250,000.00 



Total $434,504.10 

Less revenue 434,504.10 



Net appropriation 0.00 



I NOTE: Upon request of the commissioner and subject to gov- 
ernor and council approval, revenue from the Blue Star Memorial High- 
way, Spaulding Turnpike, and Central New Hampshire Turnpike may 



368 Chapter 268 [1959 

be appropriated as required to provide for the normal maintenance 
and operation of each turnpike, respectively. 

II NOTE : Any funds transferred or paid to the state police from 
the eastern and central New Hampshire turnpikes shall be from the ap- 
propriations made for said turnpikes. 

III NOTE : If the forestry division shall produce guard rail posts 
which meet specifications for highway use the commissioner of public 
works and highways is directed to purchase such posts. 

Total net appropriation for the 

fiscal year ending June 30, 1960 $23,074,092.51 



268:2 Bond Issue Authorized. To provide funds for the purpose 
of construction, reconstruction and maintenance of hig"hways, 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 exceed- 
ing six million five hundred thousand dollars, and for that purpose may 
issue bonds or notes in the name and on behalf of the state. Such bonds 
shall be deemed a pledge of the faith and credit of the state. 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 com- 
missioner of public works and highways. 

268:3 Form; Proeeeds of Sale. The governor and council shall 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 
purposes of this act out of the proceeds of the sale of said bonds or 
notes. 

268:4 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. 

268 :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-terai 
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 six million five hundred thousand 
dollars. 



1959] Chapter 268 369 

268:6 Continuinj>- Appropriation. The monies provided in section 
2 hereof shall be a continuing appropriation and shall not lapse. 

268:7 Procedure for Collections from Banking- Institutions. The 

bank commissioner in making" the collections for the cost of examination 
and supervision from the institutions, the condition and management 
of which he is required to examine and supervise under RSA 383:9 shall 
follow the following procedure: 

I. The bank commissioner shall collect from each institution 
as the cost of examination a per diem salary charge computed as the 
average daily rate of all examining personnel for the number of man 
days devoted to the examination of each institution. No institution 
shall pay less than one per diem. Each institution shall pay its cost 
of examination to the state within thirty days after receipt by it of 
notice of such cost. 

II. The balance of the sum to be collected by the bank commis- 
sioner remaining after crediting the amounts collected under paragraph 
I shall be collected in the following manner: Each institution required 
to be examined under the provisions of RSA 383:9 shall pay to the 
state within thirty days after receipt by it of notice of assessment such 
proportion of said balance so collectible as its assets bear to the total 
assets of all such institutions as shown by their reports to the bank 
commissioner as of the thirtieth day of June preceding such payments. 

268:8 Transfer of Funds. From the balance on July 1, 1959 in 
the special fund received from fees for registration of economic poisons 
under RSA 438:6, the sum of six thousand dollars shall be transferred 
to the general funds of the state. From the balance on July 1, 1959 in 
the separate fund provided under RSA 344:14 relative to the licensing 
of live poultry dealers the sum of three thousand dollars shall be trans- 
ferred to the general funds of the state. 

268:9 Temporary Positions. In tJie probation department the 
position of temporary financial agent is established and in the state 
tax commission the following positions are established : three temporary 
property appraisers II, one temporary property appraiser I and one 
temporary personal property appraiser. Notwithstanding any provisions 
to the contrary in the personnel act, the said four temporary positions 
may be filled until June 30, 1961. 

268:10 Permanent Positions. Notwithstanding any provision to 
the contrary in the personnel act or any other act, no new permanent 
positions shall be established in the state classified service, or un- 
classified service, for any department or agency of the state during the 
period beginning July 1, 1959 and ending June 30, 1961. The provisions 
of this section shall not apply to new permanent positions authorized 
by this act or any other act of the 1959 session. 



370 Chapter 269 [1959 

268:11 State Classified Service: Special Provisions. Whenever a 

position in the state classified service becomes vacant and the personnel 
survey authorized by 1955, 338:3 recommended that said position be 
deleted or down-graded, the governor, with the advice and consent of the 
council, may either abolish said position or down-grade the same in ac- 
cordance with said recommendations. Any provisions of RSA 98 the state 
personnel sys-tem act, and rules or regulations thereunder, inconsistent 
with the provisions of this section are hereby suspended during the 
time this section is in effect. The authority hereby delegated to the 
governor and council shall expire as of July 1, 1961. 

268:12 Salaries. Banking Department. Notwithstanding any 

other provisions of law the annual salaries for the following officers shall 
be as follows : 

Minimum Maximum 

Assistant bank commissioner $7500. $8,850. 

Deputy Bank commissioner 8170. 9,465. 

Such parts of RSA 94:1 (supp) as amended by an act at the 1959 
session of the general court relative to the banking department, as may 
be inconsistent with the provisions of this section, are hereby repealed. 

268:13 Temporary Highway Personnel. Notwithstanding any 
provision to the contrary in RSA 98:17-a (supp), the department of 
public works and highways may employ temporary personnel for such 
periods of time as may be required to implement the highway program. 
Employment of all such temporary personnel shall terminate on June 
30, 1961. 

268:14 Takes Effect. This act shall take effect as of July 1, 1959. 
[I'resented to the Governor on September 
9, 1959 at 11 :56 a.m. Returned from 
the Governor without his approval on 
September 15, 1959.] 
[Effective date July 1, 1959.] 



CHAPTER 269. 

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF CERTAIN 
DEPARTMENTS OF THE STATE FOR THE YEAR ENDING 

JUNE 30, 1961. 

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

269:1 Appropriations. The sums hereinafter mentioned are ap- 
propriated to be paid out of the treasury of the state for the purposes 



1959] Chapter 269 371 

specified for the departments herein named, for the fiscal year ending- 
June 30, 1961, 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 leg-islature, including $36,853.00*** 
for the office of legislative budget assistant to the appropriations and 
finance committees, and $7,500.00 for the office of research analyst**** 
to the senate finance committee, as follows: (Salary of legislative budget 
assistant $10,500.00, other personal services $22,603.00, current expenses 
$850.00, travel $800.00, equipment $100.00, other expenditures 
$2,000.00*) (Salary of research analyst to senate finance committee 
$7,000.00, other expenditures $500.00) $320,000.00 

Legislative council** 2,500.00 

Council of state governments 2,500.00 



Total for legislative branch $325,000.00 



* The sum herein appropriated, or so much as necessary, shall be 
expended by the legislative budget assistant for an audit of the state 
treasury. 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. 

** The funds in this appropriation shall not lapse but shall be 
available for expenditure in the following year. 

*** Of this amount .$31,853.00 shall be taken from the legislative 
appropriation made herein and $5,000.00 shall be taken from the un- 
expended balance now in the accounts of the legislative budget assist- 
ant's office. 

**** In the interim between session of the general court, the serv- 
ices of the research analyst to the senate finance committee shall be 
available to the members of the appropriations committee of the house 
for reasonable services. 

For executive branch: 
Office of governor : 

Salary of governor $15,500.00 

Other personal services* 25,000.00 

Current expenses 4,350.00 

Travel 600.00 

Equipment 300.00 



Total $45,750.00 

Contingent fund 7,500.00 

Special citations to state employees 300.00 

* Salaries paid out of this appropriation shall be at levels set by the 
governor. 



372 Chapter 269 [1959 

Governor's special fund** 7,500.00 

Governor's legal counsel* 6,500.00 



Total for governor's office $67,550.00 

Executive council: 

Personal services — per diem $16,000.00 

Current expenses 300.00 

Travel 3,200.00 



Total for executive council 19,500.00 

Emergency fund 75,000.00 



Total for executive branch $162,050.00 



* This sum shall be paid in six monthly payments during the 1961 
legislative session. Nothing herein shall be construed as to prohibit the 
payment of additional sums to said legal counsel upon recommendation 
of the governor and with the approval of the legislature. 

** The funds appropriated under this item are to be spent by the 
governor in his own and sole discretion for state purposes, including but 
not limited to participation in the activities of the United State's Gov- 
ernors' Conference, the New England Conference of Governors, and the 
council of state governments, for which monies are not otherwise appro- 
priated. 

For judicial branch: 
For supreme court: 

Salaries of justices $76,105.00 

Salary of clerk-reporter 9,756.00 

Other personal sei^vices 6,040.00 

Current expenses 3,620.00 

Tl-avel 1,900.00 

N. H. supreme court reports 5,500.00 



Total $102,921.00 

Less estimated revenue 778.00 



Net appropriation $102,143.00 

For superior court: 

Salaries of judges $105,741.48 

Current expenses 5,500.00 

Travel 10,000.00 



Total 121,241.48 

For judicial council 6,350.00 

For probate court : 

Salaries of judges $34,796.76 



1959] 



Chapter 269 



373 



Salaries of registers 
Salaries of deputies 

Total 

Total for judicial branch 

For adjutant general's department: 
Central administrative office : 
Salary of adjutant general 
Other personal services 
Current expenses 
Other expenditures : 
State flags 

Total 

National guard: 
Personal services 
Current expenses 
Travel 

Other expenditures: 
Oasi 

Total 

Armories : 

Personal services 
Current expenses 



30,862.52 
32,921.30 



98,580.58 



$328,315.06 



$10,192.00 

26,475.22 

6,340.00 

180.00 



533,203.84 

14,275.00 

1,300.00 

350.00 



$86,131.41 
97,350.00 



$43,187.22 



49,128.84 



Total 
National guard rifle and pistol range : 
Personal services 
Current expenses 


$2,602.08 
850.00 


183.481.41 


Total 

Officer's uniform allowance: 

Current expenses 
State military reservation. Concord : 

Current expenses 

Travel 


$32,425.00 
200.00 


$3,452.08 
9,500.00 



Total 



32,625.00 



374 Chapter 269 [1959 

State military reservation, Concord: 
Photostatic division: 

Personal services $3,239.08 

Current expenses 650.00 



Total 3,889.08 

State military reservation, Grenier 
air force base, Manchester : 



Personal services 


$9,877.78 




Current expenses 


25,700.00 




Travel 


300.00 




Total 




35,877.78 


Drill expense: 






Travel 




600.00 


New Hampshire military academy 




5,000.00 


Total for adjutant general's 




department 


$366,741.41 


Less estimated revenue 


$; 


54,183.31 


Net appropriation 


312,558.07 


For administration and control: 




Division of budget and control: 






Salary of comptroller 


$11,474.80 




Salary of business supervisor 


8,863.20 




Salary of assistant business 






supervisor 


7,797.72 




Salary of farm supervisor 


8,164.00 




Other personal services 


4,680.28 




Current expenses 


2,885.00 




Travel 


1,050.00 




Other expenditures: 






Atlantic marine fisheries 


700.00 




Firemen's relief 


4,000.00 




League of N. H. arts and crafts 


8,000.00 




New England Board of 






higher education 


3,500.00 




Oasi contributions 






State employees 


325,500.00 




Teachers (40% of 






employer's contribution) 


239,000.00 





Total $625,615.00 



1959] Chapter 269 375 





Chapter 269 




Division of accounts: 






Salary of director 




$8,990.46 


Other personal services 


56,467.04 


Current expenses 




20,530.00 


Travel 




200.00 


Equipment 




830.00 


Total 




Division of investigat 


ion of accounts : 


Personal services 




$24,269.90 


Travel 




3,898.17 


Equipment 




2,552.00 


Total 




Division of buildings 


and grounds : 




Personal services 




$133,696.62 


Current expenses 




88,650.58 


Equipment 




277.50 


Total 


$222,624.70 


Less estimated 


revenue 
:ion 


46,565.00 


Net approprial 




Mailing division: 






Personal services 




$10,855.95 


Current expenses 




508.00 



87,017.50 



30,720.07 



176,059.70 



Total 11,363.95 

Division of purchase and property : 

Salary of director $9,240.10 

Other personal services 42,833.60 

Current expenses 3,730.00 

Travel 548.00 

Equipment 185.00 



Total 56,536.70 

N. H. distributing agency : 
Surplus foods: 

Salary of director $3,965.00 

Salary of deputy director 3,583.00 

Other personal services 16,675.35 

Current expenses 13,350.00 

Travel 1,225.00 



376 Chapter 269 [1959 



Chapter 

Equipment 
Other expenditures: 
Oasi and retirement 


269 


200.00 
1,055.89 


Total 

Less estimated revenue 
and balance* 


$40,053.74 
40,053.74 



Net appropriation 0.00 

Surplus property: 

Salary of director $3,965.00 

Salary of deputy director 3,583.00 

Other personal services 16,675.35 

Current expenses 20,725.00 

Travel 2,125.00 

Equipment 450.00 
Other expenditures : 

Oasi and retirement 1,055.39 



Total $48,578.74 

Less estimated revenue 

and balance* 48,578.74 



Net appropriation 0.00 

* Authority is hereby given to utilize so much as may be necessaiy 
of the balance accumulated at June 30, 1960 or any surplus accumulating 
during the fiscal year 1961 within this subdivision, with approval of the 
governor and council, to efficiently operate this division without the use 
of any other state funds. 

Total for administration and control $987,312.92 



For agriculture: 

Office of commissioner: 

Salary of commissioner $10,252.06 

Other personal services 32,922.26 

Current expenses 4,060.00 

Travel 3,900.00 

Other expenditures: 

Feed, seed and fertilizer 

services 16,000.00 



Total $67,134.32 

Division of markets and standards: 
Bureau of markets : 

Personal services $31,612.78 

Current expenses 13,300.00 



1959] Chapter 269 377 

Travel 3,000.00 

Equipment 2,130.00 
Other expenditures: 

Cooperative g-rant to New England 

crop reporting- services 800.00 

Rodent control work 200.00 

Federal supervision 200.00 



Total 


51,242.78 


Bureau of weights and measures: 




Personal services 


$25,177.75 


Current expenses 


3,300.00 


Ti'avel 


4,450.00 


Equipment 


3,500.00 


Total 


$36,427.75 


Less estimated revenue 


14,000.00 


Net appropriation 


22,427.75 


Division of animal industry: 




Salary of state veterinarian 


$9,926.92 


Other personal services 


33,518.68 


Current expenses 


4,965.00 


Travel 


5,500.00 


Other expenditures: 




Tubercular testing 


35,000.00 


Brucellosis, vibrosis and 




leptospirosis testing 


38,750.00 


Testing for mastitis control 


500.00 


Indemnities for condemned 




animals 


3,000.00 


Other veterinarian services 


200.00 


Diagnostic services for domestic 




animals 


12,000.00 


Total 


143,360.60 


Insect and plant disease suppression 




and control: 




Personal services 


$24,023.98 


Current expenses 


1,735.00 


Travel 


6,150.00 



Total 31,908.98 



378 Chapter 269 [1959 



Chapter 269 

Milk control: 

Personal services 
Current expenses 
Travel 

Other expenditures: 
Public hearings 


$14,081.42 
2,200.00 
1,600.00 

200.00 


[ 


Total 

Less estimated revenue 


$18,081.42 
18,081.42 




Net appropriation 

Economic poisons law 

Less estimated revenue 


$3,000.00 
3,000.00 


0.00 


Net appropriation 
Board of veterinary examiners 
Tests for germination and purity 
of agricultural seeds 

Less revenue and balance 


$200.00 
200.00 


0.00 
400.00 


Net appropriation 

Vesicular exanthema 

Less revenue and balance 


$150.00 
150.00 


0.00 


Net appropriation 

Licensing of live poultry dealers 
Less revenue and balance 


$300.00 
300.00 


0.00 


Net appropriation 

Grants:! 
State soil conservation committee 
Eastern states exhibit 


$300.00 
2,000.00 


0.00 


Total 


$; 


$2,300.00 


Total for department of 
agriculture 


318,774.43 



t The provisions of RSA 441:5 are suspended for the fiscal year 
ending June 30, 1961. 

For attorney general : 

Office of attorney general: 

Salary of attorney general $12,280.00 

Salary of deputy attorney general 10,928.00 



1959] Chapter 269 379 

Salaries of 4 assistant 

attorneys general 37,190.40 

Other personal services 38,713.76 

Current expenses 4,330.00 

Travel 2,600.00 

Equipment 2,450.00 

Other expenditures : 

Commission to study uniform 

laws 1,300.00 

Legal services re dept. of 

public works and highways 10,000.00 



Total 


$119,792.16 


Less estimated revenue 


29,835.00 


Net appropriation 


$89,957.16 


Division of charitable trusts : 




Salary of director 


$4,818.06 


Other personal services 


5,208.75 


Current expenses 


310.00 


Travel 


150.00 


Equipment 


240.00 


Total 


10,726.81 


Total for attorney general 


$100,683.97 



For forestry division 

(forestry and recreation) : 
Administration : 

Salary of state forester $10,252.06 

Other personal services 33,037.51 

Current expenses 5,510.00 

Travel 1,150.00 



Total $49,949.57 

Less refunds (maintenance) 234.65 



Net appropriation $49,714.92 

District fire supervision : 

Personal services $89,350.82 

Current expenses 15,466.50 



380 Chapter 269 [1959 

Travel 12,630.00 

Equipment 11,195.00 



Total $128,642.32 

Less revenue and balance* 67,600.00 



Net appropriation 61,042.32 

Lookout stations : 

Personal services 63,722.58 

Wardens training conferences : 

Current expenses $3,000.00 

Other expenditures: 

State's share of town warden 

training 3,000.00 



Total 6,000.00 

Prevention of fires : 

Personal services $7,656.34 

Current expenses 1,000.00 

Equipment 5,000.00 

Other expenditures: 

State's share of prevention bills 
with towns 1,200.00 



Total 14,856.34 

* If the federal grant exceeds the above estimate, such excess may 
be expended for said purposes with the approval of the governor and 
council. 

White pine blister rust control : 



Personal services 
Current expenses 
Travel 
Equipment 


$35,582.95 

635.89 

1,932.50 

3,200.00 


Total 

Less revenue and balance* 


$41,351.34 
19,975.00 


Net appropriation 

Northeastern forest fire compact : 
Current expenses 
Travel 


$592.50 
800.00 



21,376.34 



Total 892.50 



1959] Chapter 269 381 

Nursery : 

Personal services $30,741.72 

Current expenses 8,398.00 

Travel 675.00 

Equipment 2,993.15 



Total $42,807.87 

* If the federal grant exceeds the above estimate, such excess may- 
be expended for said purposes with the approval of the governor and 
council. 

Less revenue and balance* 20,300.00 

Less refunds (maintenance) 293.02 



Net appropriation 22,214.85 

Cooperative forest management: 
Personal services 16,000.00 



^'orest improvement fund: 




Administration : 




Personal services 


$32,197.74 


Current expenses 


4,935.00 


Travel 


3,600.00 


Equipment 


4,000.00 


State forest operations: 




Personal services: 




Chopping, hauling, yarding 


50,000.00 


Silviculture 


5,000.00 


Other expenditures: 




Purchase of land and 




interest in land 


5,000.00 


Timber tax 


800.00 


Total 


$105,532.74 



* If the federal grant and balance exceeds the above estimate, such 
excess may be expended for said purposes with the approval of the gov- 
ei'nor and council. 

Less revenue and balance* 105,532.74 



Net appropriation 0.00 

Caroline A. Fox research fund : 

Personal services $10,060.16 

Current expenses 3,800.00 

* Any revenue and balance in excess of this estimate shall be avail- 
able for such further expenditure for said purposes as the governor and 
council shall approve. 



382 Chapter 269 [1959 

Travel 1,200.00 

Equipment 700.00 



Total 


$15,760.16 


Less revenue and balance 


15,525.51 


Less refunds (maintenance) 


234.65 


Net appropriation 


0.00 


Total for forestry 


$255,819.85 


For department of health : 




Administration: state 




Salary of health officer 


$14,698.43 


Other personal services 


28,443.54 


Current expenses 


7,750.00 


Travel 


1,585.00 


Total 


$52,476.97 


Less credit transfers 


5,220.28 


Net appropriation 


$47,256.69 


Administration : federal 




Personal services 


$18,977.52 


Current expenses 


6,225.00 


Travel 


3,160.00 


Other expenditures: 




Geriatrics 


9,680.00 


Chronic disease and aged 




problem 


1,185.00 


Totals- 


$39,227.52 


Less estimated revenue* 


39,227.52 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a federal g^rant. If the federal grant exceeds the above estimate such 
excess may be expended for the said purposes vi^ith the approval of the 
governor and council. 

Business management: state 
Personal services $19,187.26 

Current expenses 1,700.00 

Total 20,887.26 



1959] Chapter 269 383 

Business management: federal 

Personal services $20,315.62 

Current expenses 7,220.00 

Travel 925.00 



Total* $28,460.62 

Less estimated revenue* 28,460.62 



Net appropriation 0.00 

* This amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval 
of the governor and council. 

Hospital services: state 

Personal services $24,992.30 

Current expenses 600.00 

Travel 2,600.00 



Total 28,192.30 

Vital Statistics: state 

Personal services $30,575.66 

Current expenses 230.00 



Totalf 30,805.66 

t Any revenue received in addition to this appropriation shall be 
available for expenditure for said purposes. 

Vital Statistics: federal 

Personal services $2,688.14 

Current expenses 2,115.00 

Travel 635.00 



Total* $5,438.14 

Less estimated revenue* 5,438.14 



Net appropriation 0.00 

* This amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval of 
the governor and council. 

Public health nursing: state 

Personal services $62,484.88 

Current expenses 562.00 

Travel 3,000.00 



Total 66,046.88 

Public health nursing: federal 

Personal services $27,565.00 



384 Chapter 269 [1959 

Current expenses 3,925.00 

Travel 11,250.00 

Equipment 210.00 



Total* $42,950.00 

Less estimated revenue* 42,950.00 



Net appropriation 0.00 

* The amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval of 
the governor and council. 

Communicable disease control: state 

Personal services $36,637.57 

Current expenses 6,383.00 

Travel 1,470.00 

Other expenditures : 

Purchase and distribution of Salk 

poliomyelitis vaccine and 

administration of program 19,215.00 



Total 63,705.57 

Communicable disease control : federal 
Personal services $2,500.00 

Current expenses 8,050.00 

Travel 1,725.00 

Equipment 450.00 



Total* $12,725.00 

Less estimated revenue* 12,725.00 



Net appropriation 0.00 

* This amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval of 
the governor and council. 

Dental services : state 

Personal services $23,819.60 

Current expenses 500.00 

Travel 250.00 

Equipment 68.00 



Total $24,637.60 

Less revenue grantsf 3,550.00 



Net appropriation 21,087.60 

t Any revenue received in excess of the estimate shall be available 
for further expenditure for said purposes. 



1959] Chapter 269 385 

Dental services: federal 

Personal services $3,500.00 

Current expenses 1,890.00 

Travel 2,895.00 



Total* $8,285.00 

Less estimated revenue* 8,285.00 



Net appropriation 0.00 

* This amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval of 
the governor and council. 

Maternal and child health and 
crippled children's services : state 

Personal services $24,827.64 

Current expenses 83,205.00 

Travel 600.00 

Equipment 300.00 

Other expenditures: 

Convalescent care and clinics** 50,000.00 



Total 108,932.64 

Maternal and child health and 

crippled children's services : federal 

Personal services $33,262.29 

Current expenses 48,110.92 

Travel 2,650.00 

NOTE: It is the intent of the legislature that the amount herein- 
above appropriated for convalescent care and clinics may be expended 
for the purpose specified at any institution which can prove to the satis- 
faction of the department of health its qualifications as a rehabilitation 
center. 

** The division of investigation of accounts shall investigate the 
ability to pay of patients and those legally chargeable for their support 
and maintenance for care, treatment or maintenance furnished hereunder 
and the expenses of said care, treatment or maintenance may be re- 
covered in an action in the name of the state from the patient or those 
persons chargeable with his support where said person or persons have a 
weekly income or other resources more than sufficient to provide a reason- 
able subsistence compatible with decency and health. 

Other expenditures: 

Convalescent care and clinics 40,000.00 
Other awards and indemnities 7,750.00 



Total* $131,773.21 

Less estimated revenue* 131,773.21 



Net appropriation 0.00 



386 



Chapter 269 



[1959 



Occupational health: state 
Personal services 
Current expenses 
Travel 
Equipment 

Total 

Occupational health: federal 
Personal services 
Current expenses 
Travel 

Total* 

Less estimated revenue^ 

Net appropriation 

Clinical laboratory: state 
Current expenses 



$29,803.02 

500.00 

1,200.00 

1,600.00 



$5,680.22 
2,200.00 
3,400.00 

$11,280.22 
11,280.22 



33,103.0^2 



0.00 



3,000.00 



* This amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval of 
the governor and council. 



Clinical laboratory: federal 
Current expenses* 

Less estimated revenue* 

Net appropriation 

Food and chemistry : state 
Personal services 
Current expenses 
Travel 
Equipment 



$9,903.29 
9,903.29 



$66,059.83 

3,915.00 

11,800.00 

3,400.00 



0.00 



Total 

Sanitary engineering: 
Personal services 
Current expenses 
Travel 
Equipment 



state 



$59,843.98 

4,610.00 

7,360.00 

487.50 



85,174.83 



Total 



72,301.48 



1959] Chapter 269 387 

Sanitary engineering : federal 

Equipment* $500.00 

Less estimated revenue* 500.00 



Net appropriation 0.00 

* The amount available for expenditure only if funds are avail- 
able as a federal grant. If the federal grant exceeds the above estimate 
such excess may be expended for the said purposes with the approval of 
the governor and council. 

Commission on alcoholism: state 

Personal services $70,989.23 

Current expenses 18,635.00 

Travel 2,500.00 

Equipment 900.00 



Total 93,024.23 

Merit system: federal 
Other expenditures: 

Merit system participation* 2,025.00 

Less estimated revenue* 2,025.00 



Net appropriation 0.00 



Total for department of 
health : 

State $673,518.16 

Federal $292,568.00 

Less estimated revenue 292,568.00 



Net appropriation 0.00 



* This amount available for expenditure only if funds are available 
as a federal grant. If the federal grant exceeds the above estimate such 
excess may be expended for the said purposes with the approval of the 
governor and council. 

For barbers board : * 

Personal services $1,400.00 

Current expenses 750.00 

Travel 1,400.00 



Total $3,550.00 

* Any revenue in excess of $5,550.28 may be expended for said 
purposes with the approval of the governor and council. 



388 



Chapter 269 



[1959 



Less estimated revenue, after 
transfer of $2,000.28 to 
department of health 3,550.00 

Net appropriation 



For cancer commission: 
State funds : 
Personal services 
Current expenses 
Travel 

Total 

Personal services 
Other expenditures: 
Cancer registries 



0.00 



Total* 

Less estimated revenue* 

Net appropriation 

Total for cancer commission 
Less estimated revenuef 

Net appropriation 



$27,700.40 

112,010.00 

1,600.00 



$500.00 

9,300.00 

$9,800.00 
9,800.00 



141,310.40 



0.00 



141,310.40 
32,000.00 

109,310.40 



* This amount available for expenditure only if funds are available 
as a federal grant. If the federal grant exceeds the above estimate such 
excess may be expended for said purposes with the approval of the gov- 
ernor and council. 

t Any revenue in excess of this estimate may be expended for said 
purposes with the approval of the governor and council. 

For board of chiropody : 
Personal services 
Current expenses 



Total 
Less revenue and balance 

Net appropriation 



For dental board : 
Personal services 



$125.00 

45.00 

$170.00 
170.00 



$1,000.00 



0.00 



1959] Chapter 269 389 

Current expenses 300.00 

Travel 1,200.00 



Total $2,500.00 

Less revenue and balance* 2,500.00 



Net appropriation 0.00 

* Any revenue and balance in excess of this estimate shall be avail- 
able for such further expenditure for said purposes as the governor and 
council shall approve. 

For board of registration of funeral 
directors and embalmers:* 

Personal services $2,350.00 

Current expenses 600.00 

Travel 2,775.00 



Total $5,725.00 

Less revenue and balance 5,725.00 



Net appropriation 0.00 



* Any balance in the special fund established by RSA 325:42 in ex- 
cess of $2,500.00 on June 30, 1961 shall lapse to unappropriated surplus 
of the general fund. 

For board of hairdressers : 

Personal services $2,000.00 

Current expenses 890.00 

Travel 2,000.00 



Total $4,890.00 

Less estimated revenue, after 
transfer of $3,220.00 to de- 
partment of health 4,890.00 



Net appropriation 0.00 



For pharmacy commission : 

Personal services $1,800.00 

Current expenses 575.00 

Travel 1,250.00 

Total $3,625.00 



390 



Chapter 269 



[1959 



For board of registration in medicine : 

Personal services $1,130.00 

Current expenses 1,520.00 

Travel 350.00 



Total 


$3,000.00 


Less estimated revenue 


3,000.00 


Net appropriation 


0.00 


For insurance department: 




Office of commissioner: 




Salary of commissioner 


$10,312.12 


Salary of deputy commissioner 


9,020.18 


Other personal services 


35,749.86 


Current expenses 


5,810.00 


Travel 


1,400.00 


Equipment 


200.00 


Total 


$62,492.16 


Rating division : 




Personal services 


$7,046.89 


Current expenses 


1,110.00 


Travel 


300.00 


Equipment 


375.00 



Total 

Real estate division : 
Personal services 
Current expenses 
Travel 
Equipment 



8,831.89 



Total 

Less estimated revenue 
and balance 

Net appropriation 



$2,747.16 
650.00 
800.00 
200.00 

$4,397.16 

4,397.16 



0.00 



Total for insurance department 

For department of labor : 
Office of commission : 

Salary of commissioner $8,840.00 

Salary of deputy commissioner 7,178.96 



$71,324.05 



1959] 



Chapter 269 



391 



Other personal services 3,493.12 

Current expenses 7,700,00 

Travel 1,500.00 

Total 

Inspections division: 

Personal services $37,316.70 

Current expenses 1,925.00 

Travel 7,500.00 

Total 

Workmen's compensation division: 

Personal services $28,859.90 

Current expenses 3,390.00 



$28,712.08 



46,741.70 



Total 


32,249.90 


New Hampshire apprenticeship council 100.00 


Total for department of labor 


$107,803.68 


For motor vehicle department : 




Administration : 




Salary of commissioner 


$10,552.10 


Salary of deputy commissioner 


9,020.18 


Other personal services 


207,055.24 


Current expenses 


195,915.00 


Travel 


2,000.00 


Equipment 


9,550.00 


Other expenditures : 




Retirement 


10,000.00 


Oasi 


8,750.00 


Unemployment benefits 


2,000.00 


Total 


$454,842.52 


Gasoline road toll : 




Personal services 


$26,905.85 


Current expenses 


1,260.00 


Travel 


3,000.00 


Equipment 


650.00 



Total 

Inspectional services; 
Personal services 
Current expenses 



31,815.85 



$96,499.89 
7,000.00 



392 Chapter 269 [1959 

Travel 20,500.00 

Equipment 9,500.00 



Total 133,499.89 

Highway safety: 

Personal services $46,087.50 

Current expenses 10,220.00 

Travel 8,500.00 

Equipment 9,200.00 



Total 74,007.50 



Total for motor vehicle department $694,165.76 

Less revenue 694,165.76 



Net appropriation 0.00 



For personnel department : 
State funds: 

Salary of director $9,576.06 

Salary of deputy director 8,258.71 

Other personal services 42,060.13 

Current expenses 1,922.64 

Travel 1,240.00 



Total $63,057.54 

Federal funds: 

Personal services $6,480.24 

Current expenses 1,216.56 

Other expenditures: 

Oasi and retirement 326.74 



Total* $8,023.54 

Less estimated revenue* 8,023.54 



Net appropriation 0.00 



Total for personnel department $63,057.54 



* This amount available for expenditure only if funds are available 
as a federal grant. 

For public welfare : 
Administration : 

Board of public welfare $3,000.00 

Salary of commissioner 12,340.12 



1959] Chapter 269 393 

Other personal services** 186,556.26 

Current expenses 34,202.00 

Travel 7,225.00 

Equipment 420.00 

** This amount includes $3,000.00 to be paid to the department of 
the attorney general for legal services. 

Other expenditures: 
Personnel department 

(merit system) 3,000.00 

Employees retirement 20,750.00 

Oasi 22,549.00 

Educational leave 3,000.00 
Physical examinations for 

applicants 500.00 



Total 


$293, 


,542.38 


State services : 






Personal services 


$18,704.04 




Current expenses 


290.00 




Travel 


1,150.00 




Equipment 


190.00 





Total 20,334.04 

Field services: 

Personal services $473,005.04 
Current expenses 53,431.00 

Travel 36,410.00 

Equipment 1,908.00 



Total 564,754.04 

Blind services: 

Personal services $19,898.51 

Current expenses 994.00 

Travel 2,900.00 
Other expenditures: 

Blind education 50,000.00 

Sight conservation 18,500.00 



Total 92,292.51 

lild welfare services : 

Personal services $65,588.47 

Travel 10,400.00 



394 Chapter 269 [1959 

Other expenditures: 

Educational leave 3,000.00 

Conferences and institutes 2,500.00 



Total* $81,488.47 

Less estimated revenue 

(federal grant)* 78,860.62 



Net appropriation 2,627.85 

Special children's fund 5,000.00 

John Nesmith fund 3,700.00 

Vocational rehabilitation : 
State funds : 

Other expenditures: 

Case services $13,331.00 

Extension and improvement 417.00 



Total 13,748.00 

Federal funds: 

Personal services $19,368.11 

Travel 2,900.00 
Other expenditures : 

Case services 1,371.89 

Extension and improvement 1,250.00 



Total* $24,890.00 

Less estimated revenue* 24,890.00 



Net appropriation 0.00 

Old age assistance : 

State's share $977,723.10 

Less estimated revenue 99,000.00 



Net appropriation $878,723.10 

Towns and counties $1,113,078.47 

Less estimated revenue 1,113,078.47 



Net appropriation 0.00 

Federal* $2,364,018.00 

Less estimated revenue* 2,364,018.00 



Net appropriation 0.00 



1959] Chapter 269 395 

Old age assistance to aliens : 

Towns and counties $157,706.58 

Less estimated revenue 157,706.58 



Net appropriation 0.00 

Federal* $184,340.28 

Less estimated revenue* 184,340.28 



Net appropriation 0.00 

Aid to dependent children : 

State's share $1,138,959.43 

Less estimated revenue 60,000.00 



Net appropriation 1,078,959.43 

Federal* $1,199,199.47 

Less estimated revenue* 1,199,199.47 



Net appropriation 0.00 

Aid to needy blind : 

State's share 139,126.24 

Less estimated revenue 2,500.00 



Net appropriation 136,626.24 

Federal* $130,685.04 

Less estimated revenue* 130,685.04 



Net appropriation 0.00 

Aid to permanently and totally disabled : 

State's shares $106,317.81 

Less estimated revenue 3,000.00 



Net appropriation 103,317.81 

Town and counties $180,250.75 

Less estimated revenue 180,250.75 



Net appropriation 0.00 

Federal* $228,433.20 

Less estimated revenue* 228,433.20 



Net appropriation 0.00 



Total for public welfare $3,193,625.40 



396 Chapter 269 [1959 

Less town and county 
share of oasi adminis- 
tration $10,000.00 

Less transfer re adminis- 
tration from federal grant 296,500.00 



306,500.00 



Net appropriation** $2,887,125.40 



* This amount available for expenditure only if funds are available 
as a federal grant. If the federal grant exceeds the above estimate such 
excess may be expended for said purposes with the approval of the gov- 
ernor and council. 

For the fiscal year ending June 30, 1961, the share which a county 
or town must reimburse the state for aid to totally and permanently dis- 
abled persons for which such county or town is liable shall be thirty-five 
per cent. Provisions of the law inconsistent with the provision hereof are 
hereby suspended until June 30, 1961. 

'^^ If this sum is not expended during the fiscal year any balance 
thereof may be used for aid to dependent children, and/or aid to needy 
blind and/or aid to permanently and totally disabled, provided evidence 
is presented to the governor and council that cost of living increases 
and/or increase in caseload, and/or increase in medical payments are 
occurring in any of said programs and the governor and council shall 
approve such use. Said balance shall not be transferred or used for 
any other purpose than said programs. 

Further amend the appropriation for Public Welfare by adding 
at the end of said appropriation the following note : 

NOTE: The above appropriation for the department of public 
welfare includes the following sums to continue the rate increases 
authorized by the budget act for the fiscal year ending June 30, I960, 
namely, $249,545.00 for nursing homes for care of welfare recipients; 
$21,912.00 for amounts paid to druggists for the purchase of drug items 
for welfare recipients; $36,546.80 for amounts paid to hospitals for the 
care of welfare recipients; and $18,252.33 for the amount paid to 
funeral directors for burials of welfare recipients, provided, however, 
with the approval of governor and council and ( 1 ) from any avail- 
able funds or ( 2 ) as a charge back to local units of government in ac- 
cordance with legal liability under the settlement law, the rate to nursing 
homes for the care of welfare recipients may be increased to an addi- 
tional sum not to exceed $0.50 per day; an additional sum of not ex- 
ceeding $9,146.20 may be expended for the purpose of increasing the 
rates paid to hospitals for the care of welfare recipients; and an addi- 
tional sum of not exceeding $9,181.42 may be expended for the pur- 
pose of increasing the rates paid to funeral directors for burials of 
welfare recipients. 

For veterans council: 

Personal services $12,085.58 

Current expenses * 840.00 

Travel 1,800.00 
Other expenditures: 

Veterans burials 4,500.00 

Total $19,225.58 



1959] Chapter 269 397 



For recreation division 




(forestry and recreation) : 




Administration : 




Salary of director 


$10,432.24 


Salary of assistant director 


8,344.18 


Other personal services 


117,370.04 


Current expenses 


52,237.00 


Travel 


6,367.00 


Equipment 


11,674.00 


Other expenditures: 




Employees retirement 


4,000.00 


Oasi 


6,900.00 


Total 


$217,324.46 


Service parks : 




Personal services 


$235,942.93 


Current expenses 


62,690.00 


Travel 


2,212.00 


Equipment 


14,907.00 


Other expenditures : 




Injured employees 


1,850.00 


Prison program 


10,600.00 


Total 


328,201.93 


Self-supporting- parks : 




Personal services 


$390,654.31 


Current expenses 


130,292.00 


Travel 


1,235.00 


Equipment 


25,925.00 


Other expenditures: 




Injured employees 


2,000.00 


Total 


550,106.31 


Bonds and interest: 




Mt. Sunapee tramway 


$25,425.00 


Recreational areas, 




issue of 1954 


12,675.00 


Recreational facilities, 




issue of 1954 


50,600.00 


Recreational facilities, 




issue of 1956 


17,295.00 



398 Chapter 269 [1959 

Recreational facilities, 

to be issued 23,280.00 



Total 129,275.00 



Total for recreation $1,224,907.70 

Less revenue and balance 1,009,500.00 



Net appropriation $215,407.70 

Hampton beach parking facility : 

Current expenses $10,074,00 
Other expenditures : 

Hampton sea wall bonds 50,000.00 

Interest on bonds 25,312.50 



Total $85,386.50 

Less estimated revenue 32,000.00 



Net appropriation $53,386.50 

For secretary of state : 
Office of secretary : 

Salary of secretary $9,756.64 

Salary of deputy secretary 7,737.20 

Other personal services 35,267.36 

Current expenses 4,882.00 

Travel 700.00 

Equipment 225.00 

Other expenditures: 

Preservation of state and 

provincial records 500.00 

$59,068.20 



Total 

Elections : 

Personal services 
Current expenses 
Travel 


$5,500.00 

47,300.00 

500.00 



Total 53,300.00 



1959] Chapter 269 399 



Chapter 269 

Photostat division : 
Personal services 
Current expenses 


$4,150.96 
3,900.00 


Total 


8,050.96 


Total for secretary of state 


$120,419.16 


)r board of accountancy:* 
Personal services 
Current expenses 
Travel 


$250.00 
750.00 
100.00 


Total 

Less revenue and balance 


$1400.00 
1,100.00 


Net appropriation 


0.00 



* Any balance in excess of $2,500.00 at the close of the fiscal year 
on June 30, 1961 shall lapse to unappropriated surplus of the general 
fund. 

For board of registration for architects : 

Personal services $700.00 

Current expenses 250.00 

Travel 300.00 



Total $1,250.00 

Less revenue and balance* 1,250.00 



Net appropriation 0.00 



* Any revenue and balance in excess of $1,250.00 shall be available 
for such further expenditure as the governor and council shall approve. 

For state athletic commission : 

Personal services $350.00 

Current expenses 102.56 

Travel 129.00 



Total $581.56 

Less revenue and balance* 581.56 



Net appropriation 0.00 



* Any revenue and balance in excess of this amount shall be avail- 
able for such further expenditure as the governor and council shall 
approve. 



400 Chapter 269 [1959 

For board of chiropractic examiners : 

Personal services $700.00 

Current expenses 300.00 

Travel 500.00 



Total $1,500.00 

For board of registration for professional 



engineers : 






Personal services 




$2,300.00 


Current expenses 




1,510.00 


Travel 




760.00 


Equipment 




50.00 


Total 


$4,620.00 


Less revenue 


and balance* 


4,620.00 



Net appropriation 0.00 



* Any revenue and balance in excess of this amount shall be avail- 
able for such further expenditure as the governor and council shall 
approve. 

For board of registration in 
optometry : 



Personal services 


$500.00 


Current expenses 


200.00 


Travel 


460.00 


Total 


1,160.00 


For state library: 




Administration : 




Salary of librarian 


$8,960.12 


Salary of assistant librarian 


7,488.00 


Other personal services 


111,892.08 


Current expenses 


11,378.00 


Travel 


800.00 


Equipment 


20,841.00 


Total 


$161,359.20 


Extension : 




Current expenses 


$5,605.00 


Travel 


2,800.00 


Equipment 


12,800.00 



1959] Chapter 269 401 

Other expenditures: 
Institutes and workshops 300.00 



Total 21,505.00 

State aid: 

Grants-in-aid to rural libraries 1,500.00 



Federal aid: 




Personal services 


$26,697.73 


Current expenses 


6,695.00 


Travel 


1,050.00 


Equipment 


15,000.00 


Other expenditures: 




Public relations 


12,022.27 


Oasi 


550.00 


Total* 


$62,015.00 


Less estimated revenue* 


62,015.00 


Net appropriation 


0.00 


Total for state library 


$184,364.20 



* This amount available for expenditure only if funds are available 
as a federal grant. 

For state police : 

Salary of superintendent $10,192.00 

Other personal services 604,218.44 

Current expenses 58,450.00 

Travel 122,496.50 

Equipment 94,641.00 
Other expenditures : 

Retirement and oasi 35,549.87 



Total state police 925,547.81 

Less transfer from hig-hv\^ay 

fund 705,010.14 

Less transfer from turnpikes 96,124.12 



Net appropriation $124,413.55 



For state treasury : 
Office of the treasurer: 

Salary of treasurer $9,636.12 

Salary of deputy 8,164.00 

Other personal services 71,991.63 



402 



Chapter 269 



[1959 



Current expenses 

Travel 

Equipment 



23,421.00 

500.00 

1,550.00 



Total 


$115,262.75 


Trust funds 


37,095.27 


Expense re head tax 


100.00 


Total for state treasury 


$152,458.02 


Less transfer from highway 




fund 


17,333.73 


Net appropriation 


$135,124.29 


For industrial school : 




Administration : 




Salary of superintendent 


$8,840.00 


Salary of deputy superintendent 


5,930.00 


Other personal services 


17,279.03 


Current expenses 


5,634.00 


Travel 


1,100.00 


Equipment 


428.00 


Total 


$39,211.03 


Instruction : 




Personal services 


$38,965.18 


Current expenses 


1,600.00 


Equipment 


310.00 


Total 


40,875.18 


Custodial care: 




Personal services 


$196,214.90 


Current expenses* 


70,289.50 


Equipment 


705.00 


Other expenditures: 




Custody of certain inmates 


2,500.00 



Total 

Auxiliary to custodial care : 
Personal services 
Current expenses 



269,709.40 



$3,200.16 
60.00 



* In this appropriation $22,485.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$22,485.00. 



1959] 



Chapter 269 



403 



Travel 

Total 

Operation of plant: 
Personal services 
Current expenses 
Equipment 

Total 

Maintenance of plant: 
Personal services 
Current expenses 

Total 

Agi'iculture : 

Personal services 
Current expenses 

Total 

Less credit transfer 

Less estimated revenue 

Net appropriation 

Boys' and g-irls' benefit fund : 
Current expenses 

Parole : 

Personal services 
Current expenses 
Travel 
Equipment 

Total 

Total for industrial school 
Less refunds (maintenance) 

Net appropriation 



150.00 



$14,981.26 

36,834.00 

3,963.00 



$24,535.49 
9,239.00 



$14,331.98 
15,300.00 

$29,631.98 

22,485.00 

5,925.00 



$19,870.76 

350.00 

1,900.00 

215.00 



3,410.16 



55,778.26 



33,774.49 



1,221.98 



4,926.00 



22,335.76 

$471,242.26 
8,650.00 

$462,592.26 



For Laconia state school : 
Administration : 

Salary of superintendent $10,192.00 

Salary of deputy superintendent 8,723.00 

Other personal services 43,572.89 



404 Chapter 269 [1959 

Current expenses 3,158.00 

Travel 1,595.00 



Total $67,240.89 

Professional care and treatment: 

Personal services $712,927.60 
Current expenses 16,630.00 

Travel 300.00 

Equipment 240.00 



Total 730,097.60 

Custodial care: 

Personal services $211,019.89 

Current expenses* 280,785.00 

Travel 100.00 

Equipment 6,325.00 



Total 498,229.89 

Operation of plant : 

Personal services $45,391.62 

Current expenses** 82,225.00 



Total 127,616.62 

Maintenance of plant : 

Personal services $22,862.32 

* In this appropriation $90,000.00 shall be for products vised from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$90,000.00. 

** In this appropriation $2,000.00 shall be for lumber used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all lumber used even though in excess of 
$2,000.00. 

Current expenses*** 38,975.00 



Total 61,837.32 

*** In this appropriation $10,000.00 shall be for care of grounds, 
snow removal, etc. and the institution's farm shall receive credit for 
all supplies, work and services rendered even though in excess of 
$10,000.00. No part of this appropriation shall be transferred to any 
other appropriation or expended for any other purposes. 

Agriculture : 

Personal services $56,190.65 

Current expenses 45,615.00 



1959] Chapter 269 405 



Chapter 269 

Travel 
Equipment 


55.00 

3,000.00 


Total 

Less credit transfer 
Less revenue 


$104,860.65 

102,000.00 
6,000.00 


Net reduction 


—3,139.35 


Total for Laconia state school 
Less refunds (maintenance) 


$1,481,882.97 
29,500.00 


Net appropriation 

For prison industries : 
Personal services 
Current expenses 
Travel 


$1,452,382.97 

$80,217.50 

137,793.00 

450.00 


Total 

Less estimated revenue* 


$218,460.50 
218,460.50 


Net appropriation 


0.00 



* In this appropriation any revenue in excess of $220,000.00 shall 
be available for such further expenditure for said purposes as the gov- 
ernor and council shall approve. 

For soldiers' home : 
State funds : 

Office of commandant: 

Salary of commandant $5,414.18 

Other personal services 4,530.36 



Total $9,944.54 

Custodial care: 

Personal services 22,733.61 

Professional care and treatment: 

Personal services 26,720.88 

Operation of plant: 

Personal services 21,668.17 

Federal funds: 
Custodial care: 

Personal services $6,583.40 

Operation and maintenance of plant : 

Current expenses 21,020.00 



406 Chapter 269 [1959 

Travel 495.00 

Equipment 150.00 
Other expenditures: 

Snow ploughing, refuse 

removal and laundry services 850.00 

Notary public 10.00 



Total 


$29,108.40 


Less revenue and balance 


29,108.40 


Net appropriation 


0.00 


Total for soldiers' home 


$81,067.20 


Less refunds (maintenance) 


1,000.00 


Net appropriation 


$80,067.20 


For state hospital : 




Administration : 




Salary of superintendent 


$12,896.00 


Salary of assistant superintendent 


10,192.00 


Other personal services 


121,252.02 


Current expenses 


33,360.00 


Travel 


1,700.00 


Total 


$179,400.02 


Professional care and treatment: 




Salary of director of psychiatric 




education and research 


$9,854.00 


Salary of director of correctional 




psychiatry 


9,627.27 


Salary of director of clinical 




services 


9,914.06 


Salary of director of out- 




patient services 


8,647.60 


Other personal services* 


2,298,006.68 


Current expenses 


100,000.00 


Travel 


5,000.00 


Equipment 


5,781.67 



Total 2,446,831.28 

* In this appropriation $3,419.48 shall be for the salary of assistant 
chaplain. 



1959] Chapter 269 407 

Custodial care: 

Personal services $577,819.84 

Current expenses* 660,000.00 

Travel 180.00 

Equipment 11,330.00 



Total 1,249,329.84 

* In this appropriation $134,160.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$134,160.00. 

Operation of plant : 

Personal services $186,949.97 

Current expenses 283,832.00 

Travel 25.00 

Equipment 10,654.00 



Total 481,460.97 

Maintenance of plant : 

Personal services $208,664.02 

Current expenses 87,365.00 

Equipment 4,455.00 



Total 300,484.02 

Diagnostic laboratory : 

Personal services $74,830.99 
Current expenses 3,000.00 

Travel 300.00 

Equipment 245.00 



Total 78,375.99 

Memorial unit: 

Personal services $18,645.66 

Current expenses 12,718,00 



Total 31,363.66 

Agriculture : 

Personal services $64,490.31 

Current expenses 50,927.00 

Travel 25.00 

Equipment 4,825.00 



Total $120,267.31 



408 Chapter 269 [1959 

Less credit transfer 134,160.00 

Less revenue 2,300.00 



Net reduction -16,192.69 



Total for state hospital $4,751,053.09 

Less refunds (maintenance) 68,000.00 



Net appropriation $4,683,053.09 



For state prison : 
Administration : 

Salary of warden $8,900.06 

Other personal services 13,596.53 

Current expenses 1,895.00 

Travel 1,500.00 

Equipment 240.00 



Total $26,131.59 

Instruction : 

Personal services 3,600.48 

Custodial care: 

Salary of deputy warden $6,350.24 

Other personal services 220,697.27 

Current expenses* 89,305.00 

Equipment 1,366.00 
Other expenditures : 

Custody of certain inmates** 2,500.00 



Total 320,218.51 

Auxiliary to prison care and custody : 

Personal services $6,500.00 

* In this appropriation $19,000.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any- 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$19,000.00. 

** This appropriation shall be available for the custody of un- 
manageable inmates in out-of-state institutions or federal penitentiaries 
when no suitable institution exists in New Hampshire. Any payments out 
of this appropriation shall be made with the approval of the governor and 
council. This fund may also be used for such inmates who have been sent 
to such out-of-state institutions from the Laconia state school and the 
state hospital. No part of this appropriation shall be transferred to any 
other appropriation or expended for any other purpose. 



1959] 



Chapter 269 

Current expenses 
Other expenditures: 
Awards — gate money 


3,500.00 
1,800.00 



Total 

Operation of plant: 
Personal services 

Maintenance of plant: 
Current expenses 
Equipment 



$11,045.00 
225.00 



409 



11,800.00 



22,421.24 



Total 


11,270.00 


Agriculture : 




Personal services 


$13,706.40 


Current expenses 


22,174.00 


Equipment 


1,800.00 


Other expenditures: 




Slaug-htering, cutting and 




curing meat 


1,000.00 


Registration fees 


45.00 


Total 


$38,725.40 


Less credit transfer 


19,000.00 


Less revenue 


24,000.00 


Net reduction 


—4,274.60 


Parole : 




Personal services 


$23,749.01 


Current expenses 


1.163.00 


Travel 


3,305.00 


Total 


28,217.01 


Total for state prison 


$419,384.23 


Less estimated revenue 


$2,625.00 


Less refunds (maintenance) 


2,242.50 



4,867.50 



Net appropriation 



$414,516.73 



410 Chapter 269 [1959 

For state sanatorium: 
Administration : 

Salary of superintendent $10,252.06 

Other personal services$ 14,626.71 

Current expenses 2,520.00 

Travel 1,540.00 



Total $28,938.77 

t Of this amount the sum of $1,000.00 shall be paid to the superin- 
tendent, in addition to his regular salary, for extra work in connection 
with out-patient services. 

Professional care and treatment: 

Personal services $125,807.76 

Current expenses 19,360.00 

Equipment 810.00 

Other expenditures: 
Other hospitalization — 

board and care 4,000.00 



Total 149,977.76 

Custodial care: 

Personal services $68,724.63 

Current expenses* 40,255.00 



Total 108,979.63 

Operation of plant : 

Personal services $47,740.82 

Current expenses 24,417.00 

Other expenditures: 

Cutting" wood for institutional 

building-sf 1,000.00 



Total 73,157.82 

* In this appropriation $7,430.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$7,430.00. 

t This appropriation shall be for services, supplies and equipment 
used from the institution's farm. The farm shall receive credit for all 
services, supplies and equipment used even though in excess of $1,000.00. 

Maintenance of plant : 

Personal services $600.00 

Current expenses 7,822.50 

Total 8,422.50 



1959] Chapter 269 411 

Agriculture: 

Personal services $10,407.26 

Current expenses 5,510.00 

Equipment 925.00 



Total $16,842.26 

Less credit transfer 8,430.00 

Less estimated revenue 6,975.00 



Net appropriation 1,437.26 



Total for sanatorium $370,913.74 

Less refunds (maintenance) 12,000.00 



Net appropriation $358,913.74 

For University of New Hampshire : 

Total $3,244,136.59 



The sum hereby appropriated shall be the total appropriation for 
the university and shall be in lieu of requirements for appropriation 
under RSA 187:24 and the requirements for the appropriation of 
$92,400 for county extension work under RSA 187:23 (supp) as amended 
by 1957, 312:1. For the fiscal year ending June 30, 1961 such part 
ot the formula for computation of so-called millage tax provided by RSA 
187:24 inconsistent with the provisions of this paragraph shall be sus- 
pended. 

For board of education: 
Administration : 

Salary of commissioner $14,003.26 

Salary of deputy commissioner 10,492.00 

Other personal services 122,289.46 

Current expenses 15,270.00 

Travel 9,000.00 

Equipment 2,615.00 
Other expenditures: 

Revision of courses of study 1,600.00 



Total $175,269.72 

Foundation aid: 

State aid to school districts $1,399,600.00 
Transportation, board, tuition 6,000.00 



Total 1,405,600.00 



412 Chapter 269 [1959 

State- wide supervision: 

Personal services (for salaries and 
travel of superintendents, assist- 
ant superintendents and helping" 
teachers)! $581,326.00 

Other expenditures: 

Superintendents' conference 2,000,00 



Total 583,326.00 

t The board of education shall receive for disbursement sums paid 
by school districts for the additional salaries of superintendents under the 
provisions of RSA 189:44. In the above appropriation $371,436.00 shall 
come from funds received under ESA 189:44 and the state's share shall 
not exceed $209,890.00. 

Smith-Hughes: state 

Personal services $6,730.23 

Current expenses 200.00 

Travel 1,000.00 



Total 7,930.23 

Smith-Hughes: federal 

Personal services $6,730.23 

Current expenses 200.00 

Travel 1,100.00 

Other expenditures: 

Reimbursements to school districts 
for salaries and travel of 
teachers 24,496.27 



Total* $32,526.50 

Less estimated revenue* 32,526.50 



Net appropriation 0.00 

Vocational rehabilitation: state 

Personal services $13,848.80 

Current expenses 28,504.68 

Travel 2,092.00 

Equipment 1,001.87 



Total 45,447.35 

Vocational rehabilitation: federal 

Personal services $24,093.09 

Current expenses 50,493.64 

Travel 2,708.00 

Equipment 1,658.63 

* This amount available for expenditure only if funds are available 
as a federal grant. 



1959] Chapter 269 413 

Other expenditures: 

Retirement and oasi 1,743.05 



Total* $80,696.41 

Less estimated revenue* 80,696.41 



Net appropriation 0.00 

George-Barden : state 

Personal services $19,322.95 

Current expenses 200.00 

Travel 1,500.00 



Total 21,022.95 

George-Barden : federal 

Personal services $20,238.52 

Current expenses 800.00 

Travel 1,950.00 

Other expenditures: 

Reimbursements to school districts 
for salaries and travel of 
teachers 112,011.48 



Total* $135,000.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 

Less estimated revenue* 135,000.00 



Net appropriation 0.00 

N. H. technical institute — Manchester : 

Personal sei-vices $138,839.00 

Current expenses 41,450.00 

Travel 500.00 

Equipment 3,770.00 



Total $184,559.00 

Less estimated revenue: 

Tuition 53,000.00 

Other 22,300.00 



Net appropriation 109,259.00 

N. H. technical institute — Portsmouth: 

Personal services $77,874.39 

Current expenses 30,175.00 



414 Chapter 269 [1959 



Travel 
Equipment 


Chapter 269 
ed revenue: 


750.00 

1,989.00 


Total 

Less estimat 
Tuition 


$110,788.39 
33,440.00 



* This amount available for expenditure only if funds are available 
as a federal grant. 

Other 14,775.00 



Net appropriation 62,573.39 

N. H. technical institute — Concord office : 
Personal services $915.59 

Current expenses 910.00 

Travel 900.00 

Equipment 425.00 



Total 3,150.59 

Veterans' educational services: state 

Current expenses 590.00 

Veterans' educational services: federal 

Personal services $9,611.70 

Travel 1,200.00 



Total* $10,811.70 

Less estimated revenue* 10,811.70 



Net appropriation 0.00 

School lunch program: state 

Personal services $14,336.35 

Current expenses 400.00 

Travel 1,200.00 



Total 15,936.35 

* This amount available for expenditure only if funds are available 
as a federal grant. 

School lunch program: federal 
Other expenditures : 

Reimbursements to school 
districts for school lunches 
to children* 287,792.00 

Less estimated revenue* 287,792.00 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 



1959] Chapter 269 415 

Special school milk program : federal 
Other expenditures : 

Reimbursements to school 

districts* $186,245.00 

Less estimated revenue* 186,245.00 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 

Education of deaf: 

Current expensesf $191,500.00 

Travel 400.00 



Total 191,900.00 

t These funds shall not be expended for any other purpose and no 
transfer shall be made therefrom. 

Area vocational schools : state 

Personal services $2,758.34 

Current expenses 775.00 

Travel 750.00 

Other expenditures: 

Reimbursements to school 

districts 45,811.66 



Total 50,095.00 

Practical nurse training: federal 

Personal services $2,758.34 

Current expenses 250.00 

Travel 550.00 

Other expenditures: 

Reimbursements to school 
districts 14,867.66 



Total* $18,426.00 

Less estimated revenue* 18,426.00 



Net appropriation 0.00 

Keene teachers college: 
Administration: 

Salary of president $10,372.18 

Other personal services 31,862.08 

Current expenses 8,625.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 



416 Chapter 269 [1959 

Travel 1,220.00 

Equipment 1,350.00 



Total 53,429.26 

Instruction : 

Personal services $388,580.14 

Current expenses 26,700.00 

Travel 4,300.00 

Equipment 15,400.00 
Other expenditures: 

Scholarshipst 27,000.00 

Library 2,650.00 

Teachers retirement 4,500.00 



Total 469,130.14 

Custodial care: 

Personal services $113,594.88 

Current expenses 78,000.00 

Equipment 2,875.00 



Total 194,469.88 

t It shall be a condition precedent to granting' a scholarship to a 
person attending the teachers college that said person shall sign an agree- 
ment that after graduation he will teach in the state for as many years 
as he was recipient of said scholarship and that if he shall not so teach 
for the required number of years he will reimburse the state for the 
amount of the scholarship aid he received. 

Operation and maintenance of plant : 

Personal services $54,454.44 

Current expenses 79,512.50 

Equipment 1,000.00 



Total 134,966.94 

Amortization of investment in: 
Dormitory (Monadnock hall) 

Bonds and interest $21,525.00 

Book store and snack bar 1,267.00 



Total $22,792.00 

Less revenue 22,792.00 



Net appropriation 0.00 



Total for Keene teachers* college $851,996.22 



1959] Chapter 269 417 

Less estimated revenue: 

Board and room $225,557.00 

Practice schools 61,000.00 

Extension schools 18,000.00 

Tuition 147,000.00 

Other revenue 1,180.08 



452,737.08 



Net appropriation $399,259.11 



Plymouth teachers' college: 
Administration : 

Salary of president $10,252.00 

Other personal services 30,354.19 

Current expenses 10,600.00 

Travel 1,000.00 

Equipment 2,500.00 



Total $54,706.19 

Instruction : 

Personal services $311,946.00 

Current expenses 12,150.00 

Travel 4,600.00 

Equipment 5,000.00 
Other expenditures: 

Scholarships! 17,000.00 

Library 5,000.00 

Teachers retirement 4,100.00 



Total 359,796.00 

t It shall be a condition precedent to granting a scholarship to a 
person attending the teachers college that said person shall sign an agree- 
ment that after graduation he will teach in the state for as many years 
as he was recipient of said scholarship and that if he shall not so teach 
for the required number of years he will reimburse the state for the 
amount of the scholarship aid he received. 

Custodial care: 

Personal services $100,721.05 

Current expenses 90,700.00 

Equipment 2,550.00 

Total 193,971.05 



418 Chapter 269 [1959 

Operation and maintenance of plant : 

Personal services $56,449.17 

Current expenses 62,310.00 



Total 118,759.17 

Amortization of investment in: 
Men's dormitory 
Bonds and interest $41,830.00 

Less revenue 41,830.00 



Net appropriation 0.00 



Total for Plymouth 

teachers college $727,232.41 

Less estimated revenue : 

Board and room $245,551.00 

Practice schools 57,750.00 

Extension courses 10,000.00 

Tuition 121,200.00 

Other revenue 12,700.00 



$447,201.00 



Deduct revenue applied 

to amortization 41,830.00 



405,371.00 
Net appropriation $321,861.41 



School building" construction: 
Other expenditures: 

Aid to school districts for school 

buildings constructionf 792,078.00 

t These funds shall not be expended for any other purpose and 
no transfer shall be made therefrom. 

Oasi program re vocational rehabil- 
itation: federal 

Personal services $26,314.44 

Current expenses 15,660.00 

Ti^avel 2,100.00 

Equipment 250.00 



1959] Chapter 269 419 

Other expenditures: 

Retirement and oasi 1,531.50 



Total* $45,855.94 

Less estimated revenue''^ 45,855.94 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a lederal grant. 

Scholarships — world war orphans 

(as provided by RSA 193:19) 2,700.00 

Loan fund for technical institutes — 
to be expended as provided in 
RSA 188:11 5,000.00 

Board of nurse examiners : 

Personal services $18,195.50 

Current expenses 4,195.00 

Travel '985.00 

Equipment 170.00 

Other expenditures: 

Retirement and oasi 1,058.96 



Total $24,604.46 

Less revenue and balance 24,604.46 



Net appropriation 0.00 



Total for board of education $4,192,999.13 

Less estimated revenue 642,040.00 



Net appropriation $3,550,959.13 



. ^^ addition to the above appropriation, said department shall re- 
ceive for disbursement any excess over the estimates in the income of 
the teachers colleges' facilities (doi-mitories, auditoriums and gym- 
nasiums), tuition, practice schools, extension courses, and revenue from 
tuition and supplies received by the Manchester and Portsmouth tech- 
nical institutes, provided, however, that said department may disburse 
any such excess, with the approval of the governor and council, only in 
connection with those services from which the excess arose. A.nv income 
m excess of $11,700.00 from the cafeteria at Manchester technical 
institute shall be available for further expenditure in connection with 
the cafeteria, and likewise any income in excess of $9,875.00 from the 
cafeteria at Portsmouth technical institute shall be available for further 
^^^nu' ^"^^ ^^ connection with the cafeteria. No nurseiy school program 
shall be allowed at either Keene or Plymouth teachers colleges, and no 
funds out of this appropriation or any other available funds shall be 
used for this purpose. All helping teacher positions hereinafter estab- 
lished shall be only after a majority of the school districts in the super- 
visory union representing not less than eighty-five percent of the total 
pupils m the supervisory union have voted favorably upon the estab- 
lishment of the position. No child under five years of age shall be 
eligible for education by the state under the program for the deaf. 



420 Chapter 269 ri959 

For board of fire control : 

Salary of state fire marshal $8,224.06 

Other personal services 14,082.38 

Current expenses 2,040.00 

Travel 3,400.00 

Equipment 1,067.00 



Total $28,813.44 



For board of probation : 

Salary of director $9,020.18 

Other personal services* '•' 180,638.05 

** In this appropriation $4,460.04 shall be for the salary of tempo- 
rary financial agent. 

Current expenses 12,000.00 

Travel 16,500.00 

Equipment 575.00 



Total $218,733.28 

Less refund 5,524.02 



Net appropriation 213,209.21 



For water resources board : 

Salary of chairman $9,756.18 

Other personal services 26,945.99 

Current expenses 2,510.00 

Travel 3,963.64 

Equipment 381.00 



Total $43,556.81 

Other expenditures: 

Maintenance of dams 1,250.00 

Dams in disrepair (construction) f 10,000.00 

Stream flow gauging 14,284.00 

Connecticut river valley flood 
control commission: 

Per diems and expenses of 

N. H. commission $1,200.00 

t The funds in this appropriation shall not lapse. 

State's contribution to 
commission 1,500.00 

Total 2,700.00 



1959] 



Chapter 269 



421 



Merrimack river flood 
control commission : 

Per diems and expenses of 

N. H. commission $1,200.00 

State's contribution to 

commission 6,000.00 

Total 7,200.00 

Taxation re Pittsburg and Clarksville 12,500.00 



Total for water resources board $91,490.81 

Less transfer from highway $6,000.00 
Less transfer from Pittsburg 

project* 7,000.00 

Less transfer from Winni- 

pesaukee project* 3,000.00 

Less estimated revenue 5,484.00 



21,484.00 



Net appropriation 

* Transferred by vote of the directors. 

For aeronautics commission: 
Administration : 
Salary of director 
Other personal services 
Current expenses 
Travel 
Equipment 

Total 

Less estimated revenue 
Less transfer from airways 
toll fund 

Net appropriation 
Airways toll fund :t 

Transfer to administration 
Other expenditures 



$70,006.81 



$8,404.18 

19,198.00 

2,800.00 

2,150.00 

275.00 

$32,827.18 
4,400.00 

3,116.10 



$3,116.10 
9,383.90 



$25,311.08 



Total $12,500.00 

t Expenditures shall not exceed existing balance plus revenue. 



422 Chapter 269 [1959 

Less transfers and balance 12,500.00 



Net appropriation 0.00 



Total for aeronautics commission $25,311.08 



For bank commissioner : 

Salary of commissioner $11,926.80 
Salary of deputy bank commissioner 9,460.12 
Salary of assistant 

bank commissioner 8,848.10 

Other personal services 98,985.72 

Current expenses 15,600.00 

Travel 19,450.00 

Equipment 3,035.00 
Other expenditures : 

Retirement and oasi 6,783.47 



Total for bank 

commissioner $174,089.21 

Less revenue* 162,162.41 



Net appropriation $11,926.80 



* The bank commissioner shall collect in the manner as indicated in 
section 2 of this act, from the institutions, the condition and management 
of which he is required to examine and supervise under the provision of 
RSA 383 :9 as the cost of such supervision and examination, a sum equal 
to the amount of the difference between the total amount appropriated 
for the bank commissioner's department and the amount designated here- 
in as the salary of the commissioner, for the fiscal year ending June 30, 
1961. All amounts collected under the provisions hereof shall be used to 
reduce the amount required to be collected from the above-mentioned 
institutions in the fiscal year 1962. 

For liquor commission : 
Liquor administration: 
One-half salary of 

three commissioners $13,899.60 

Other personal services 92,536.52 

Current expenses 31,190.00 

Travel 1,950.00 

Equipment 475.00 

Other expenditures: 

Retirement 2,800.00 

Oasi 2,825.00 

Total $145,676.12 



1959] Chapter 269 423 



Chapter 269 




Beer administration : 




One-half salary of 




three commissioners 


$13,899.60 


Other personal services 


91,767.16 


Current expenses 


13,300.00 


Travel 


24,100.00 


Equipment 


475.00 


Other expenditures: 




Retirement 


2,850.00 


Oasi 


2,900.00 


Total 


149,291.76 


Liquor enforcement: 




Personal services 


$29,494.49 


Current expenses 


215.00 


Travel 


7,900.00 


Other expenditures : 




Retirement 


800.00 


Oasi 


835.00 


Total 


39,244.49 


Stores operation: 




Personal services 


$773,356.85 


Current expenses 


285,200.00 


Travel 


11,300.00 


Equipment 


8,729.00 


Other expenditures : 




Retirement 


20,200.00 


Oasi 


23,075.00 


Total 


1,121,860.85 


Warehouse : 




Personal services 


$85,986.13 


Current expenses 


15,931.00 


Travel 


25.00 


Equipment 


2,395.00 


Other expenditures : 




Retirement 


2,235.00 


Oasi 


2,565.00 


Total 


109,137.13 


Total for liquor commission 


$1,565,210.35 



424 Chapter 269 [1959 

Less revenue 1,565,210.35 



Net appropriation 0.00 



For planning and development 
commission : 

Salary of executive director $10,192.00 

Other personal services 168,206.53 

Current expenses 132,700.00 

Travel 13,900.00 

Equipment 2,000.00 
Other expenditures : 

Reg-ional associations* 21,000.00 

Eastern states exposition 8,000.00 

Montreal office 10,000.00 



Total $365,998.53 

* This appropriation shall be administered by the state planning 
and development commission for the aid of the regional development 
associations. Not more than $3,500.00 may be allotted by the commission 
to any one regional association whose bounds, form of organization and 
progi'am shall have first been approved by the commission. Any unex- 
pended portion of this appropriation shall lapse and shall not be trans- 
ferred to any other state appropriation. 

Geolog-y booklets $1,000.00 

Less revenue and balancef 1,000.00 



Net appropriation 0.00 

Vacation bulletin $1,000.00 

Less revenue and balancef 1,000.00 



Net appropriation 0.00 

t Any revenue and balance in excess of $1,000.00 shall be available 

for such further expenditure for said purposes as the governor shall 
approve. 

Port Authority : 

Harbor masters $3,000.00 

Other personal services 3,000.00 

Current expenses 4,000.00 

Travel 1,000.00 



Total for port authority $11,000.00 

Urban planning- assistance : 

Personal services $22,000.00 

Current expenses 1,750.00 



1959] Chapter 269 42 



Chapter 269 

Travel 

Other expenditures 


1,250.00 
500.00 


Total 

Less estimated revenue$ 


$25,500.00 
23,500.00 


Net appropriation 


2,000.00 


Total for planning and 
development commission 


$378,998.53 



t Any revenue and balance in excess of this estimate shall be avail- 
able for such further expenditure for said purposes as the governor and 
council shall approve. The state's share in the above appropriation shall 
not exceed $2,000.00. 

For public utilities commission: 
Office of the commission: 

Salary of three commissioners $32,742.60 

Other personal services 83,225.12 

Current expenses 5,600.00 

Travel 2,750.00 

Equipment 460.00 



Total $124,777.72 

Motor carriers: 

Personal services $6,630.85 

Current expenses 1,275.00 

Travel 535.00 
Other expenditures: 

Retirement and oasi 352.76 



Total* $8,793.61 

Less revenue and balance* 8,793.61 



Net appropriation 0.00 

Motor boat registration: 
Personal services $69,765.92 

* Expenditures in this appropriation shall not exceed revenue and 
balance. Any revenue actually received and balance in excess of $8,793.61 
shall be available for such further expenditure as provided by statute 
and approved by the governor and council. 

Current expenses 33,725.00 

Travel 11,000.00 

Equipment 2,000.00 



426 Chapter 269 [1959 

Other expenditures: 

Retirement and oasi 1,700.00 



Total** $118,190.92 

Less revenue and balance** 118,190.92 



Net appropriation 0.00 



Total for public utilities 

commission $124,777.72 



** Expenditures in this appropriation shall not exceed revenue and 
balance. Any revenue actually received and balance in excess of $118,- 
190.92 shall be available for such further expenditure as provided by 
statute and approved by the governor and council. 

For racing commission : 
Thoroughbred racing: 

Salary of three commissioners $6,000.51 

Other personal services* 40,110.26 

Current expenses** 3,535.00 

Travel 4,000.00 



Total $53,645.77 

Less revenue 53,645.77 



Net appropriation 0.00 

Harness racing: 

Personal services* $69,508.08 

Current expenses 7,245.00 

Travel 10,860.00 

Equipment 435.00 



Total $88,048.08 

Less revenue 88,048.08 



Net appropriation 0.00 

* Such portion of this amount as constitutes the compensation of 
the official stew^ard or associate judge of the state racing commission, 
shall be reimbursed to the state by the person, association, or corpora- 
tion conducting the race or meet. 

** In this appropriation $1,000.00 shall be for chemistry research 
and no transfer shall be made theorefrom. 

For tax commission : 
Office of commission : 

Salary of two commissioners $17,740.06 

Salary of secretary 11,048.18 

Other personal services! 81,610.26 



1959] Chapter 269 

Current expenses 14,000.00 

Travel 21,700.00 

Equipment 5,700.00 



427 



Total $151,798.50 

t In this appropriation $14,040.00 shall be for the salaries of three 
temporary property appraisers II, $3,700.06 shall be for the salary of one 
temporary property appraiser I and $4,060.16 shall be for the salary of 
one temporary personal property appraiser. 

Less estimated revenue 35,240.06 



Net appropriation 


$116,558.44 


Municipal accounting: 




Personal services 


$59,025.42 


Current expenses 


1,550.00 


Travel 


5,800.00 


Equipment 


900.00 


Total 


$67,275.42 


Less estimated revenue 


25,000.00 


Net appropriation 


42,275.42 


Intangible tax : 




Personal services 


$18,739.30 


Current expenses 


2,875.00 


Travel 


350.00 


Other expenditures: 




Retirement and oasi 


1,013.48 


Total 


$22,977.78 


Less estimated revenue 


22,977.78 


Net appropriation 


0.00 


Utilities tax : 




Personal services 


$3,239.08 


Current expenses 


150.00 


Equipment 


500.00 


Total 


$3,889.08 


Less estimated revenue 


3,889.08 



Net appropriation 0.00 



428 Chapter 269 [1959 

Legacy and succession tax : 

Personal services $23,462.90 

Current expenses 2,000.00 

Travel 100.00 

Equipment 200.00 

Total 25,762.90 

Tobacco products tax : 

Personal services $29,761.25 

Current expenses 13,900.00 

Travel 6,000.00 

Equipment 4,800.00 



Total 54,461.25 

Reimbursement to cities and towns 
for flood control purposes as 
provided under RSA 122t 50,000.00 

t No part of this amount shall be transferred to any other appro- 
priation. If this appropriation shall be insufficient to fulfill the require- 
ments of RSA 122:4 relative to reimbursements to cities and towns, the 
tax commission may use so much as may be necessary of the funds re- 
ceived from the Commonwealth of Massachusetts under RSA 487-A:l 
(supplement) as reimbursement to the State of New Hampshire under 
article V of the Merrimack river flood control compact. 

Forest conservation aid for purposes 
provided under RSA 79:16 as in- 
serted by 1955, 287:1: 

Forest conservation aid $25,000.00 

Special aid for heavily 
timbered towns 23,000.00 



Total 48,000.00 



Total for tax commission $337,058.01 



For water pollution commission : 
State funds : 

Personal services $49,711.08 

Current expenses 6,369.00 

Travel 8,000.00 

Equipment 1,750.00 



Total $65,830.08 



1959] Chapter 269 429 

Federal funds : 

Personal services $17,706.75 

Current expenses 2,893.25 

Travel 3,000.00 



Total* $23,600.00 

Less estimated revenue* 23,600.00 



Net appropriation 0.00 

* This amount available for expenditure only if funds are available 
as a federal grant. If the federal grant exceeds the above estimate such 
excess may be expended for said purposes w^ith the approval of the gov- 
ernor and council. 

New England interstate water pollution 
control commission: 



Personal services 


$1,000.00 




Current expenses 


1,150.00 




Travel 


1,300.00 




Total 


nission 


3,450.00 


Total for water pollution comi 


$69,280.08 


3r civil defense : 




Salary of director 


$7,488.00 




Other personal services 


17,315.05 




Current expenses 


5,210.00 




Travel 


750.00 




Equipment 


5,000.00 




Other expenditures: 






Training at federal schools 


1,000.00 




Total 




$36,763.05 


Field staff: 






Current expenses 


$300.00 




Travel 


8,000.00 




Total 




3,300.00 


Total for civil defense 


$40,063.05 


)r civil air patrol — current expenses 


$8,500.00 



430 Chapter 269 [1959 

For employees' retirement system : 

Personal services $23,456.32 

Current expenses 1,432.00 

Travel 200.00 

Other expenditures: 

Normal contribution for 

general employees 217,012.00 



Total $242,100.32 

Less estimated revenue 9,600.00 



Net appropriation $232,500.32 



For firemen's retirement system $50,000.00 



For policemen's retirement system $59,000.00 



For teachers' retirement 


system : 




Personal services 




$22,410.28 


Current expenses 




2,035.00 


Travel 




750.00 


Equipment 




350.00 


Other expenditures : 






Normal contribution 


retirement 


332,391.77 


Total for teachers' 




system 




$357,937.05 



For mental hygiene and child 
guidance clinics: 
State funds: 

Salary of director $10,372.18 

Other personal services 46,644.13 

Current expenses 4,935.00 

Travel 1,300.00 

Other expenditures : 

Consultants and grants-in- 
aid to communitiest 10,000.00 



Total $73,251.31 

t No part of this amount shall be transferred to any other appro- 
priation or expended for any other purpose. 

Federal funds: 

Personal services $22,259.00 

Current expenses 500.00 

Travel 1,000.00 



1959] ' Chapter 269 431 



] Chapter 269 

Equipment 

Other expenditures: 
Merit system 
Retirement and oasi 


300.00 

286.00 
655.00 


Total* 

Less estimated revenue* 


25,000.00 
25,000.00 


Net appropriation 


0.00 


Total for mental hygiene 
and child guidance clinics 

For fish and game department: 
Commission : 

Current expenses 
Travel 


$73,251.31 

$50.00 
2,750.00 



Total $2,800.00 

* This amount available for expenditure only if funds are available 
as a federal grant. 

Administration : 

Salary of director $10,372.18 

Other personal services 46,257,08 

Current expenses 29,984.00 

Travel 1,250.00 

Equipment 595.00 
Other expenditures: 

Employees' retirement 21,350.00 

Oasi 17,000.00 



Total 126,808.26 

Bounties : 

Other expenditures: 

Bobcat bounties 8,000.00 

Damage : 

Personal services $8,044.08 

Current expenses 8,788.00 

Travel 1,150.00 

Equipment 1,450.00 
Other expenditures: 

Grants (damage by game) 7,000.00 

Total 26,432.08 



432 Chapter 269 [1959 

Conservation officers: 

Personal services* $238,453.47 

Current expensesf 22,095.00 

Travel 78,800.00 

Equipment 5,462.16 



Total 344,810.63 

* In this appropriation $18,000.00 shall be solely for overtime for 
conservation officers and shall not be used for any other purpose. 

t No charge against this appropriation, or any other appropriation 
of the fish and game department, shall be made for telephone service for 
conservation officers, except for toll service. 

Education (publicity) : 

Personal services 19,261.78 

Current expenses 11,205.00 

Travel 1,500.00 

Equipment 1,000.00 
Other expenditures: 

Sportsman's show. Eastern States 1,000.00 



Total 33,966.78 

Propagation of fish: 

Personal services $241,545.52 

Current expenses 135,550.00 

Travel 7,500.00 

Equipment 7,730.00 



Total . 392,325.52 

Propagation of game: 

Personal services $17,564.80 

Current expenses 14,935.20 

Travel 300.00 

Equipment 1,300.00 



Total 34,100.00 

Management and research : 

Personal services $132,770.40 

Current expenses 36,140.00 

Travel 6,075.00 

Equipment 5,919.00 
Other expenditures: 

U. N. H. contract 10,000.00 

Dams 3,170.00 

Total 194,074.40 



1959] Chapter 269 433 

Maintenance and construction: 

Personal services $61,113.26 

Current expenses 31,450.00 

Travel 4,800.00 

Equipment 3,000.00 
Other expenditures: 

Dams 3,000.00 



Total 103,363.26 



Total for fish and game 

department $1,266,680.93 

Less revenue and balance 1,266,680.93 



Net appropriation 0.00 



In addition to the above appropriation, the fish and game department 
may receive for disbursement any unexpended balances from previous 
years. Such balances shall be expended under the direction of the fish and 
game commission with the approval of the governor and council. Any 
sums received as revenue in excess of the estimated amounts hereunder 
may also be expended under the direction of the fish and game commission 
with the approval of the governor and council. 

For public works division of department 
of public works and highways: 

Personal services $44,897.11 

Current expenses 6,745.00 

Travel 4,520.00 

Other expenditures 4,500.00 



Total $60,662.11 

Less estimated credits 12,300.00 



Net appropriation $48,362.1] 



For public works and highways : 
Administration : 

Salary of commissioner $12,956.06 

Salary of deputy commissioner 11,108.24 

Salary of assistant commissioner 11,288.16 

Other personal services 218,178.22 

Current expenses 75,144.00 

Travel 2,410.00 



Total $331,084.68 



434 Chapter 269 [1959 

Engineering : 

Personal services $1,861,019.18 

Current expenses 108,100.50 

Travel 178,848.00 

Equipment 2,175.00 
Other expenditures: 
Special account for 

Overtime 107,869.90 

Temporary services 136,210.86 

Consultants 300,000.00 



Total 2,694,223.44 

Materials and research : 

Personal services $115,897.74 

Current expenses 26,952.00 

Travel 16,200.00 



Total 159,049.74 

Equipment transportation : 

Travel 200,000.00 

Mechanical division : 

Personal services $389,555.56 

Current expenses 721,744.63 

Travel 5,905.00 

Equipment 279,673.00 



Total 1,396,878.19 

Planning and economics: 

Personal services $121,426.13 
Current expenses 15,678.00 

Travel 8,938.00 



Total 146,042.13 

Maintenance : 

Roads $6,750,000.00 

Bridges 490,000.00 

Highway marking and 

roadside development 484,189.66 



Total 7,724,189.66 

Legislative specials: 

Retirement $135,000.00 

Oasi 165,000.00 



1959] Chapter 269 435 

Maintenance class V highways 200,000.00 

Claims 1,500.00 

Roads to public waters 5,000.00 

Accidents and compensation 39,200.00 

Special retirement 2,100.00 
Attorney general — for legal 

services 26,835.00 

State police 707,753.61 

State treasury — for services 17,333.73 
Water resources — stream flow 

gauging 6,000.00 



Total 1,305,722.34 

Debt service 2,578,720.00 

Land and building 173,677.48 

Construction and reconstruction : 
Matching funds (federal aid) : 

Interstate $13,696,452.00 

Primary 3,700,741.00 

Secondary 2,520,877.00 

Urban 885,959.00 



Total — matching fundsf $20,804,029.00 

t No transfer shall be made from these appropriations. A sum not 

exceeding- 2% of this appropriation may be expended for the pur- 
chase of highway equipment. 

Hopkinton — Everett dam 2,856,200.00 
State funds : 

Trunk line reconstruction 100,000.00 

State aid reconstruction 50,000.00 

State aid construction 125,000.00 

Town road aid 1,300,000.00 

Betterments 1,250,000.00 

State aid bridge construction 150,000.00 

Town road bridge 75,000.00 

Damage 50,000.00 



Total for construction and 

reconstruction 26,760,229.00 

Contingent fund — for construction, 
reconstruction and m^aintenance, 
upon request of the commissioner 
and subject to governor and council 
approval, transfers from this appro- 



436 



Chapter 269 



[1959 



propriation may be made to other 
operating accounts as are required 
to carry out the construction, re- 
construction and maintenance 
programs. 

Total for public works 
and highways 



1,150,000.00 



$44,619,816.66 



Less estimated revenue and balance : 



Gasoline road toll 
Motor vehicle fees 
Federal aid funds 
Municipalities share of 

urban projects 
Garage 

Other revenue 
Balance 

Total 

Net appropriation 



$13,650,000.00 

6,350,000.00 

20,826,750.00 

200,000.00 
2,000,000.00 

100,000.00 
1,493,066.66 



44,619,816.66 



0.00 



For eastern New Hampshire turnpike: 
Blue star memorial highway 
(Seabrook to Portsmouth) : 
Personal services $96,000.00 

Current expenses 75,000.00 

Travel 4,000.00 

Equipment 2,000.00 

Other expenditures : 
Maintenance 100,000.00 



Total 

Less revenue 

Net appropriation 

Spaulding turnpike : 
Personal services 
Current expenses 
Travel 
Equipment 



$277,000.00 
277,000.00 



$76,000.00 

62,000.00 

4,000.00 

2,000.00 



0.00 



1959] 



Chapter 269 



437 



Other expenditures : 

Maintenance 100,000.00 



Total 

Less revenue 

Net appropriation 

Net appropriation for eastern 
New Hampshire turnpike 

For central New Hampshire turnpike : 
Personal services 
Current expenses 
Travel 
Equipment 
Other expenditures : 
Maintenance 

Total 

Less revenue 

Net appropriation 



$244,000.00 
244,000.00 



0.00 



0.00 



$90,318.24 

92,000.00 

3,500.00 

2,536.10 

255,000.00 

$443,354.34 
443,354.34 



0.00 



NOTE : Any funds transf eiTed or paid to the state police from the 
eastern and central New Hampshire turnpikes shall be from the appro- 
priations made for said turnpikes. 

Upon request of the commissioner and subject to governor and 
council approval, revenue from the Blue Star Memorial Hig^hway, 
Spauldino- Turnpike, and Central New Hampshire Turnpike may be 
appropriated as required to provide for the normal maintenance and 
operation of each turnpike, respectively. 



Total net appropriation for the 
fiscal year ending June 30, 1961 



$23,936,896.74 



269:2 Procedure for Collections from Banking Institutions. The 

bank commissioner in making- the collections for the cost of examina- 
tion and supervision from the institutions, the condition and manage- 
ment of which he is required to examine and supervise under RSA 
383:9 shall follow the following procedure: 

I. The bank commissioner shall collect from each institution as 
the cost of examination a per diem salary charge computed as the 
average daily rate of all examining personnel for the number of man 
days devoted to the examination of each institution. No institution shall 
pay less than one per diem. Each institution shall pay its cost of examin- 
ation to the state within thirty days after receipt by it of notice of 
such cost. 



438 Chapter 270 [1959 

II. The balance of the sum to be collected by the bank commis- 
sioner remaining after crediting the amounts collected under paragraph 
I shall be collected in the following manner: Each institution required 
to be examined under the provisions of RSA 383 :9 shall pay to the state 
within thirty days after receipt by it of notice of assessment such propor- 
tion of said balance so collectible as its assets bear to the total assets 
of all such institutions as shown by their reports to the bank com- 
missioner as of the thirtieth day of June preceding such payments. 

269:3 Takes Eflfect. This act shall take effect as of July 1, 1960. 
[Presented to the Governor on September 9, 
1959 at 11 :57 a.m. Returned from the Governor 
without his approval on September 15, 1959.] * 

[Effective date July 1, I960.] 



CHAPTER 270. 

AN ACT RELATIVE TO PORCUPINES. 

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

270:1 Bounties. Amend RSA 470:2 (supp) as amended by 1955, 
238:1 by striking out said section and inserting in place thereof the 
following: 470:2 Porcupines. If any person shall kill a porcupine 
within this state and shall produce the head thereof to the selectmen of 
the town or clerk of the city in which it was killed, and shall prove to 
their satisfaction that such porcupine was killed by him, within the 
limits of said town or city, the selectmen or city clerk shall destroy the 
head so produced so that it cannot be offered again for bounty, and shall 
pay fifty cents for each porcupine so destroyed. Any person producing 
for bounty to the selectmen or city clerk the head of a porcupine, killed 
outside the limits of that town or city, shall be fined not less than ten 
dollars, or imprisoned thirty days, or both. Said towns and cities shall 
be reimbursed for payment of said bounties as provided in section 4 
hereof. 

270:2 Appropriations. There are hereby appropriated the sum of 
six thousand dollars for the fiscal year ending June 30, 1960 and a like 
sum for the fiscal year ending June 30, 1961 for the purpose of making 
reimbursement to selectmen and city clerks for porcupine bounties as 
provided in RSA 470:4. The sums hereby appropriated shall be a charge 
upon general funds and they shall not lapse but be a continuing appro- 
priation. 

270:3 Takes Effect. This act shall take effect as of July 1, 1959. 
[Approved September 15, 1959.] 
[Effective date July 1, 1959.] 



1959] Chapter 271 439 

CHAPTER 271. 

AN ACT ADOPTING THE UNIFORM RECIPROCAL ENFORCEMENT OF 

SUPPORT ACT. 

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

271:1 New Chapter. Amend RSA 546 as amended by 1957, 53 by 
striking out said chapter and inserting in place thereof the following: 

Chapter 546 

Uniform Reciprocal Enforcement of Support 

Part 1 

General Provisions 

546:1 Purposes. The purposes of this chapter are to improve 
and extend by reciprocal legislation the enforcement of duties of support 
and to make uniform the law with respect thereto. 

546:2 Definitions. As used in this chapter unless the context 
requires otherwise, 

I. "State" includes a state, territory or district of the United 
States, including the Commonwealth of Puerto Rico, in which this or a 
substantially similar reciprocal law has been enacted. 

II. "Initiating state" means any state in which a proceeding 
pursuant to this or a substantially similar reciprocal law is commenced. 

III. "Responding state" means any state in which any pro- 
ceeding pursuant to the proceeding in the initiating state is or may be 
commenced. 

IV. "Court" means the superior court of this state and v/hen 
the context requires, means the court of any other state as defined in a 
substantially similar reciprocal law. 

V. "Law" includes both common and statute law. 

VI. "Duty of support" includes any duty of support imposed 
or imposable by law, or by any court order, decree or judgment, whether 
interlocutory or final, whether incidental to a proceeding for divorce, legal 
separation, separate maintenance or otherwise. 

VII. "Obligor" means any person owing a duty of support. 

VIII. "Obligee" means any person to whom a duty of support 
is owed and a state or political subdivision thereof. 

IX. "Governor" includes any person performing the functions 
of governor or the executive authority of any territory covered by the 
provisions of this chapter. 

X. "Support order" means any judgment, decree or order of 
support whether temporary or final, whether subject to modification. 



440 Chapter 271 [1959 

revocation or remission regardless of the kind of action in which it is 
entered. 

XI. "Rendering state" means any state in which a support 
order is originally entered. 

XII. "Registering court" means any court of this state in 
which the support order of the rendering state is registered. 

XIII. "Register" means to record in the Registry of Foreign 
Support Orders as required by the court. 

XIV. "Certification" shall be in accordance with the laws of 
the certifying state. 

546 :3 Remedies Additional to Those now Existing. The remedies 
provided in part 3 hereof are in addition to and not in substitution for 
any other remedies. 

546:4 Extent of Duties of Support. Duties of support arising 
under the law of this state, when applicable under section 7, bind the 
obligor, present in this state, regardless of the presence or residence of 
the obligee. 

Part 2 

Criminal Enforcement 

546:5 Interstate Rendition. The governor of this state (1) may 
demand from the governor of any other state the surrender of any per- 
son found in such other state who is charged in this state with the crime 
of failing to provide for the support of any person in this state and (2) 
may surrender on demand by the governor of any other state any person 
found in this state who is charged in such other state with the crime of 
failing to provide for the support of any person in such other state. The 
provisions for extradition of criminals not inconsistent herewith shall 
apply to any such demand although the person whose surrender is de- 
manded was not in the demanding state at the time of the commission of 
the crime and although he had not fled therefrom. Neither the demand, 
the oath nor any proceedings for extradition pursuant to this section 
need state or show that the person whose surrender is demanded has 
fled from justice, or at the time of the commission of the crime was in 
the demanding or other state. 

546:6 Conditions of Interstate Rendition, (a) Before making 
the demand on the governor of any other state for the surrender of a 
person charged in this state with the crime of failing to provide for the 
support of any person, the governor of this state may require any county 
attorney of this state to satisfy him that at least sixty days prior thereto 
the obligee brought an action for the support under this chapter, or that 
the bringing of an action would be of no avail. 



1959] Chapter 271 441 

(b) When under this or a substantially similar act, a demand 
is made upon the govei'nor of this state by the g'overnor of another state 
for the surrender of a person charged in the other state with the crime 
of failing to provide support, the governor may call upon any county 
attorney to investigate or assist in investigating the demand, and to 
report to him whether any action for support has been brought under 
this chapter or would be effective. 

(c) If an action for the support would be effective and no 
action has been brought, the governor may delay honoring the demand 
for a reasonable time to permit prosecution of an action for support. 

(d) If an action for support has been brought and the person 
demanded has prevailed in that action, the governor may decline to honor 
the demand. 

(e) If an action for support has been brought and pursuant 
thereto the person demanded is subject to a support order, the governor 
may decline to honor the demand so long as the person demanded is 
complying with the support order. 

Part 3 

Civil Enforcement 

546:7 Choice of Law. Duties of support applicable under this 
chapter are those imposed or imposable under the laws of any state where 
the obligor was present during the period for which support is sought. 
The obhgor is presumed to have been present in the responding state 
during the period for which support is sought until otherwise shown. 

546:8 Remedies of a State or Political Subdivision Thereof Fur- 
nishing Support. Whenever the state or a political subdivision thereof 
furnishes support to an obligee, it has the same right to invoke the pro- 
visions hereof as the obligee to whom the support was furnished for the 
purpose of securing reimbursement of expenditures so made and of ob- 
taining continuing support. 

546:9 How Duties of Support are Enforced. All duties of sup- 
port, including arrearages, are enforceable by petition in*espective of the 
relationship between the obligor and the obligee. 

546:10 Jurisdiction. Jurisdiction of all proceedings hereunder 
is vested in the superior court. 

546:11 Contents of Petition for Support. The petition shall be 
verified and shall state the name and, so far as known to the petitioner, 
the address and circumstances of the defendant and his dependents for 
whom support is sought and all other pertinent information. The peti- 
tioner may include in or attach to the petition any information which 
may help in locating or identifying the defendant such as a photograph 
of the defendant, a description of any distinguishing marks of his person, 



442 Chapter 271 [1959 

other names and aliases by which he has been or is known, the name of 
his employer, his finger prints, or social security number. 

546:12 Officials to Represent Petitioner. The county attorney, 
upon the request of the court, the department of public welfare, a county 
commissioner, or overseer of public welfare, shall represent the petitioner, 
in any proceeding under this chapter. 

546:13 Petition for a Minor. A petition on behalf of a minor 
obligee may be brought by a person having legal custody of the minor 
without appointment as guardian ad litem. 

546:14 Duty of Court of this State as Initiating State. If the 

court of this state acting as an initiating state finds that the petition 
sets forth facts from which it may be determined that the defendant 
owes a duty of support and that a court of the responding state may 
obtain jurisdiction of the defendant or his property, it shall so certify 
and shall cause three copies of (1) the petition (2) its certificate and (3) 
this chapter to be transmitted to the court in the responding state. If 
the name and address of such court is unknown and the responding state 
has an information agency comparable to that established in the initiat- 
ing state it shall cause such copies to be transmitted to the state informa- 
tion agency or other proper official of the responding state, with a request 
that it forward them to the proper court, and that the court of the re- 
sponding state acknowledge their receipt to the court of the initiating 
state. 

546:15 Costs and Fees. There shall be no filing fee or other 
costs taxable to the obligee but a court of this state acting either as an 
initiating or responding state may in its discretion direct that any part 
of or all fees and costs incurred in this state, including without limita- 
tion by enumeration, fees for filing, service of process, seizure of proi> 
erty, and stenographic service of both petitioner and defendant or either, 
be paid hj the obligor or the county. 

546:16 Jurisdiction by Arrest. When the court of this state, 
acting either as an initiating or responding state, has reason to believe 
that the defendant may flee the jurisdiction it may (1) as an initiating 
state request in its certificate that the court of the responding state 
obtain the body of the defendant by appropriate process if that be per- 
missible under the law of the responding state; or (2) as a responding 
state, obtain the body of the defendant by appropriate process. 

546:17 State Information Agency. The depai^tment of public 
welfare is hereby designated as the state information agency under this 
chapter and it shall be its duty: 

I. To compile a list of the courts and their addresses in this 
state having jurisdiction under this act and transmit the same to the 



1959] Chapter 271 443 

state information agency of every other state which has adopted this or 
a substantially similar act; and 

II. To maintain a register of such lists received from other 
states and to transmit copies thereof as soon as possible after receipt to 
every court in this state having jurisdiction under this chapter, 

546:18 Duty of the Court and Officials of this State as Respond- 
ing State. 

I. After the court of this state acting as a responding state 
has received from the court of the initiating state the aforesaid copies 
the clerk of the court shall docket the case and notify the county attorney 
of his action. 

II. It shall be the duty of the county attorney dihgently to 
prosecute the case. He shall take all action necessary in accordance with 
the laws of this state to give the court jurisdiction of the defendant or 
his property and shall request the court to set a time and place for a 
hearing. 

546:19 Further Duties of Court and Officials in the Responding 
State. 

I. The county attorney shall, on his own initiative, use all 
means at his disposal to trace the defendant or his property and if, due 
to inaccuracies of the petition or otherwise, the court cannot obtain 
jurisdiction, the county attorney shall inform the court of what he has 
done and request the court to continue the case pending receipt of more 
accurate information or an amended petition from the court in the initi- 
ating state. 

II. If the defendant or his property is not found in the county 
and the county attorney discovers by any means that the defendant or 
his property may be found in another county of this state or in another 
state he shall so inform the court and thereupon the clerk of the court 
shall forward the documents received from the court in the initiating 
state to a court in the other county or to a court in the other state or to 
the information agency or other proper official of the other state with a 
request that it forward the documents to the proper court. Thereupon 
both the court of the other county and any court of this state receiving 
the documents and the county attorney have the same powers and duties 
under this chapter as if the documents had been originally addressed 
to them. When the clerk of a court of this state retransmits documents 
to another court, he shall notify forthwith the court from which the 
documents came. 

III. If the county attorney has no information as to the where- 
abouts of the obligor or his property he shall so inform the initiating 
court. 



444 Chapter 271 [1959 

546:20 Procedure. The court shall conduct proceedings under 
this chapter in the manner prescribed by law for an action for enforce- 
ment of the type of duty of support claimed. 

546:21 Hearing and Determination. If the petitioner is absent 
from the responding state and the defendant presents evidence which 
constitutes a defense, the court shall continue the case for further hear- 
ing and the submission of evidence by both parties. 

546 :22 Evidence of Husband and Wife. Laws attaching a privi- 
lege against the disclosure of communications between husband and wife 
are inapplicable to proceedings under this chapter. Husband and wife are 
competent witnesses and may be compelled to testify to any relevant 
matter, including marriage and parentage. 

546:23 Rules of Evidence. Except as herein otherwise provided 
in any hearing under this chapter, the court shall be bound by the same 
rules of evidence applicable to marital proceedings. 

546:24 Order of Support. If the court of the responding state 
finds a duty of support, it may order the defendant to furnish support 
or reimbursement therefor and subject the property of the defendant to 
such order. The court and county attorney of any countj^ where the 
obligor is present or has property have the same powers and duties to 
enforce the order as have those of the county where it was first issued. 
If enforcement is impossible or cannot be completed in the county where 
the order was issued, the county attorney shall transmit a certified copy 
of the order to the county attorney of any county where it appears that 
procedures to enforce payment of the amount due would be effective. 
The county attorney to whom the certified copy of the order is forwarded 
shall proceed with enforcement and report the results of the proceedings 
to the court first issuing the order. 

546 :25 Responding State to Transmit Copies to Initiating State. 

The court of this state when acting as a responding state shall cause to 
be transmitted to the court of the initiating state a copy of all orders 
of support or for reimbursement therefor. 

546:26 Additional Powers of Court. In addition to the fore- 
going powers, the court of this state when acting as the responding state 
has the power to subject the defendant to such terms and conditions as 
the court may deem proper to assure compliance with its orders and 
in particular: 

I. To require the defendant to furnish recognizance in the 
form of a cash deposit or bond of such character and in such amount as 
the court may deem proper to assure pajnnent of any amount required 
to be paid by the defendant. 



1959] Chapter 271 445 

II. To require the defendant to make payments at specified 
intervals to the probation department or the oblig'ee and to report per- 
sonally to such probation department at such times as may be deemed 
necessary, 

III. To punish the defendant who shall violate any order of 
the court to the same extent as is provided by law for contempt of the 
court in any other suit or proceeding- cognizable by the court. 

546:27 Additional Duties of the Court of this State when Acting 
as a Responding State. The court of this state when acting as a re- 
sponding state shall have the following duties which may be carried out 
through the probation department: 

I. Upon the receipt of a payment made by the defendant pur- 
suant to any order of the court or otherwise, to transmit the same forth- 
with to the court of the initiating state, and 

II. Upon request to furnish to the court of the initiating state 
a certified statement of all payments made by the defendant. 

546:28 Additional Duty of the Court of this State when Acting 
as an Initiating State. The court of this state when acting as an initi- 
ating state shall have the duty which may be carried out through the 
probation department to receive and disburse forthwith all payments 
made by the defendant or transmitted by the court of the responding 
state. 

546:29 Proceedings not to be Stayed. No proceeding under this 
chapter shall be stayed because of the existence of a pending libel for 
divorce, separation, annulment, dissolution, habeas corpus or custody 
proceeding. 

546:30 Application of Payments. No order of support issued by 
a court of this state when acting as a responding state shall supersede 
any other order of support but the amounts for a particular period paid 
pursuant to either order shall be credited against amounts accruing or 
accrued for the same period under both. 

546:31 Effect of Participation in Proceeding. Participation in 
any proceeding under this chapter shall not confer upon any court juris- 
diction of any of the parties thereto in any other proceeding. 

546:32 Inter-County Application. This chapter is applicable 
when both the petitioner and the defendant are in this state but in 
different counties. If the court of the county in which this petition is 
filed finds that the petition sets forth facts from which it may be deter- 
mined that the defendant owes a duty of support and finds that a court 
of another county in this state may obtain jurisdiction of the defendant 
or his property, the clerk of the court shall send three copies of the 
petition and a certification of the findings to the court of the county in 



446 Chapter 271 [1959 

which the defendant or his property is found. The clerk of the court of 
the county receiving- these copies shall notify the county attorney of 
their receipt. The county attorney and the court in the county to which 
the copies are forwarded shall then have duties corresponding to those 
imposed upon them when acting for the state as a responding state. 

Part 4 

Registration of Foreign Support Orders 

546:33 Additional Remedies. If the duty of support is based on 
a foreign support order, the obligee has the additional remedies provided 
in the following sections. 

546 :34 Registration. The obligee may register the foreign sui> 
port order in a court of this state in the manner, with the effect and for 
the purposes herein provided. 

546:35 Registry of Foreign Support Orders. The clerk of the 
court shall maintain a registry of foreign support orders in which he 
shall record foreign support orders. 

546:36 Petition for Registration. The petition for registration 
shall be verified and shall set forth the amount remaining unpaid and a 
list of any other states in which the support order is registered and 
shall have attached to it a certified copy of the support order with all 
modifications thereof. The foreign support order is registered upon the 
filing of the petition subject only to subsequent order of confirmation. 

546:37 Jurisdiction and Procedure. The procedure to obtain 
jurisdiction of the person or property of the obligor shall be as provided 
in civil cases. The obligor may assert any defense available to a de- 
fendant in an action on a foreign judgment. If the obligor defaults, the 
court shall enter an order confirming the registered support order and 
determining the amounts remaining unpaid. If the obligor appears and 
a hearing is held, the court shall adjudicate the issues including the 
amounts remaining unpaid. 

546:38 Effect and Enforcement. The support order as con- 
firmed shall have the same effect and may be enforced as if originally 
entered in the court of this state. The procedures for the enforcement 
thereof shall be as in civil cases, including the power to punish the de- 
fendant for contempt as in the case of other orders for payment of ali- 
mony, maintenance or support entered in this state. 

546:39 Severability. If any provision of this chapter or the 
application thereof to any person or circumstance is held invalid, the 
invalidity shall not affect other provisions or applications of the chapter 
which can bs given effect without the invalid provision or application, 
and to this end the provisions of this chapter are severable. 



1959] Chapter 272 447 

546:40 Uniformity of Interpretation. This chapter shall be so 
construed as to effectuate its general purpose to make uniform the law 
of those states which enact it. 

546:41 Short Title. This chapter may be cited as the Uniform 
Reciprocal Enforcement of Support Act. 

271:2 Application. Proceedings begun under RSA 546 prior to 
this amendment may be continued under the provisions of this act. 

271:3 Takes Effect. This act shall take effect sixty days after 
its passage. 

[Approved September 15, 1959.] 
[Effective date November 14, 1959.] 



CHAPTER 272. 

AN ACT TO PROVIDE FOR CUMULATIVE POCKET SUPPLEMENTS FOR 
REVISED STATUTES ANNOTATED. 

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

272:1 Revised Statutes Annotated. The secretary of state, with 
the approval of the attorney general, is authorized and directed to con- 
tract in the name of the state for the preparation, publication and dis- 
tribution of cumulative pocket supplements to the Revised Statutes 
Annotated for the statutes of a public and general nature passed at the 
1961 session of the general court and any special sessions prior thereto. 
Such supplements sliall follow the general scheme used for the pocket 
supplements for the 1955, 1957 and 1959 sessions of the general court, 
in accordance with the contract entered into by the secretary of state 
under the authority of 1955, 278:1. The provisions of RSA 8 relative to 
competitive bidding for state purchases shall not apply to the contract 
authorized hereunder. 

272:2 Contracts. Contracts for such printing and publication of 
cumulative pocket supplements shall be done by printers and publishers 
within the state, provided such printers and publishers bid at the same 
rate, or less, than those outside the state. 

272:3 Appropriation. The sum of nine thousand dollars is hereby 
appropriated for the purposes of this act. The governor is authorized to 
draw his warrant for the sum hereby approi:>riated, or so much thereof 



448 Chapter 273 [1959 

as may be necessary for the purposes hereof, out of any money in the 
treasury not otherwise appropriated. 

272:4 Takes Effect. This act shall take effect sixty days after 
its passage. 

[Approved September 15, 1959.] 
[Effective date November 14, 1959.] 



CHAPTER 273. 

AN ACT RELATIVE TO PUBLIC WATER SUPPLIES. 

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

,273:1 Use of Fluorides. Amend RSA 31 by inserting after section 
17 the following new subdivision : 

Public Water Supplies 

31:17-a Referendum. Upon the written application of five per- 
cent, or three hundred or more of the voters in a town, whichever is the 
lesser, presented to the selectmen or one of them at least fifteen days 
before the day prescribed for an annual town meeting, the selectmen 
shall insert in their warrant for such meeting an article relative to the 
use of fluorides in the public water system for said town. If the town 
has an official ballot the town clerk shall insert on such ballot the follow- 
ing question: "Shall permission be granted to introduce fluorides into the 
public water system?" Beside this question shall be printed the word 
"yes" and the word "no" with the proper boxes for the voter to indicate 
his choice. If a majority of the voters do not approve the use of fluorides 
in the public water system no fluorides shall be introduced into the public 
water system for said town, or if fluorides have prior to said vote been 
so introduced such use shall be discontinued until such time as the voters 
of the town shall by majority vote approve of the use of fluorides. Not- 
withstanding the foregoing, if fluorides are currently being introduced 
into the public water system of said town, pursuant to a popular refer- 
endum previously conducted, the selectmen shall not insert such an article 
in the warrant nor shall such question be inserted on the official ballot 
except upon written application of not less than ten per cent of the regis- 
tered voters of said town. 

273:2 Cities. Amend RSA 44 by inserting after section 15 the 
following new section: 44:16 Public Water Supplies. Upon the writ- 
ten application of five per cent, or three hundred or more of the voters in 
any city, whichever is the lesser, presented to the city clerk prior to the 



1959] Chapter 273 449 

municipal election the city clerk shall insert on the ballot to be used at 
said election the following question : "Shall permission be granted to in- 
troduce fluorides into the public water system?" Beside this question 
shall be printed the word "yes" and the word "no" with proper boxes 
for the voter to indicate his choice. If a majority of the voters at said 
election do not approve the use of fluorides in the public water system 
for said city no fluorides shall be introduced into the public water sys- 
tem. If fluorides have prior to said vote been so introduced such use 
shall be discontinued until such time as the voters of the city shall by 
majority vote approve the use of such fluorides. Notwithstanding the 
foregoing, if fluorides are currently being introduced into the public 
water system of said city, pursuant to a popular referendum previously 
conducted, the city clerk shall not insert the aforementioned question on 
the ballot to be used at the municipal election except upon written appli- 
cation of not less than ten per cent of the registered voters of said city. 

273:3 Village Districts. Amend RSA 52 by inserting after sec- 
tion 22 thereof the following new section : 52:23 Public Water. Upon 
the written application of five per cent of the voters in any village water 
district, presented to the commissioners or one of them at least fifteen 
days before the day prescribed for an annual meeting of the district, 
the commissioners shall insert in their warrant for such meeting an 
article relative to the use of fluorides in the water system of said district, 
and the district clerk shall prepare a ballot for said meeting with the 
following question: "Shall permission be granted to introduce fluorides 
into the district water system?" Beside the question shall be printed the 
word "yes" and the word "no" with the proper boxes for the voter to 
indicate his choice. If a majority of the voters do not approve the use 
of fluorides in the district water system no fluorides shall be introduced 
into the district water system, or if fluorides have prior to said vote been 
so introduced, such use shall be discontinued until such time as the voters 
of the district shall by majority vote approve of the use of fluorides. Not- 
withstanding the foregoing, if fluorides are currently being introduced 
into the public water system of said district, pursuant to a popular refer- 
endum previously conducted, the commissioner shall not insert such an 
article in the warrant nor shall the district clerk prepare such a ballot 
except upon the written application of not less than ten per cent of the 
registered voters of said district. 

273:4 Exception. Nothing herein shall be construed as affect- 
ing an act passed at this session, approved May 29, 1959, relative to 
referendum on use of fluorides in the public water supply of the city of 
Concord. 

273:5 Takes Effect. This act shall take effect sixty days after 
its passage. 

[Approved September 15, 1959.] 
[Effective date November 14, 1959.] 



450 Chapteks 274, 275 [1959 

CHAPTER 274. 

AN ACT RELATIVE TO THE DESTRUCTION OF RECORDS OF CONDITIONAL 

SALES CONTRACTS. 

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

274:1 Conditional Sales Contracts. Amend RSA 361 by inserting 
after section 10 the following new section: 361:10-a Destruction of 
Certain Records Authorized. Any town or city clerk may destroy at the 
end of ten years from the date of filing, records of conditional sales con- 
tracts in his possession. 

274:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 15, 1959.] 
[Effective date November 14, 1959.] 



CHAPTER 275. 

AN ACT INCREASING THE RATE FOR MINIMUM WAGES. 

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

275:1 Increase in Rate. Amend RSA 279:21 (supp) as amended 
by 1955, 288:1 and 1957, 311:1 by striking out said section and insert- 
ing in place thereof the following: 279:21 Minimum Hourly Rate. 

No person, firm or corporation shall employ any employee at a rate of 
less than one dollar per hour with the following exceptions: 

I. This limitation shall not apply to employees engaged in house- 
hold labor, domestic labor, farm labor, outside salesmen, summer camps 
for minors, restaurants, hotels, inns and cabins. 

II. This limitation shall not apply to employees engaged as news- 
boys or golf caddies. 

III. This limitation shall not apply to employees of hospitals, 
orphanages, or homes for the aged organized as non-profit corporations, 
except that no non-profit hospital corporation or non-profit orphanage, 
or non-profit home for the aged shall employ a laundry employee or nurse 
aide or practical nurse at a rate of less than eighty cents per hour. 

IV. No person, firm or corporation shall employ any employee 
as usher at a theatre or pin boy at a bowling alley at a rate of less than 
seventy-five cents per hour. 

V. This limitation shall not apply to a person with less than six 
months' experience in an occupation, or a person eighteen years of age 



1959] Chapter 276 451 

or under, provided that such person shall not be paid less than eighty 
cents per hour. 

275:2 Special Cases. Amend RSA 279:22 (supp) as amended by 
1955, 288:1 and 1957, 311:2 by striking out said section and inserting 
in place thereof the following: 279:22 Commissioner of Labor. Not- 
withstanding the provisions of section 21a person whose earning capacity 
is impaired by age or physical or mental deficiency may be paid not less 
than eighty cents per hour provided a notice is filed by the employer 
with the labor commissioner within five days after such a person is em- 
ployed. The commissioner, upon receipt of such notice, is authorized to 
determine whether the said employee is qualified under this section. 

275:3 Wage Board Appointed. The commissioner forthwith shall 
appoint a wage board in conformity with RSA 279:5 for the purpose of 
making a study of the wages of employees of restaurants, hotels, inns 
and cabins. Said board shall serve without pay but the sum of twenty- 
five hundred dollars is hereby appropriated for their necessary expenses. 
Said sum appropriated shall be a charge upon the general fund, 

275:4 Takes Effect. The provisions of section 3 shall take effect 
upon the passage of this act, the remaining provisions of this act shall 
take effect as of November 30, 1959. 
[Approved September 16, 1959.] 
[Effective date: 

Section 3, September 16, 1959. 

Remaining provisions November 30, 1959.] 



CHAPTER 276. 

AN ACT PROVIDING FUNDS FOR AN ACCELERATED HIGHWAY CONSTRUCTION 
AND IMPROVEMENT PROGRAM FOR THE STATE. 

Whereas, the welfare of the state will be advanced by accelerating 
the present program of highway construction and improvement; and 

Whereas, advantage may be taken of federal funds in the 1960- 
1961 biennium for highway purposes not heretofore appropriated: now 
therefore 

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

276:1 Declaration of Purpose; Appropriation. In order to provide 
funds for accelerating construction of the federal interstate system of 
highways, the federal primary, secondary and urban highway systems, 
and on the system of state highways, the sum of thirty-one million 
dollars is hereby appropriated. Said appropriation shall be for the 1960- 



452 Chapter 276 [1959 

1961 biennium, and shall be expended under the direction of the com- 
missioner of public works and highways. 

276:2 Borrowing Authorized. In order to obtain funds for the 
payment of a part of the appropriation authorized by section 1 hereof, 
the state treasurer is hereby authorized, under the direction of the gov- 
ernor and council, to borrow upon the credit of the state a sum not ex- 
ceeding fourteen million dollars and for that purpose may issue bonds 
or notes in the name and on behalf of the state. Such bonds and notes 
shall be deemed a pledge of the faith and credit of the state. 

276:3 Form. The governor and council shall determine the form 
of such notes or bonds, their rate of interest, the dates when interest 
shall be paid, the dates of maturities, the places where principal and in- 
terest shall be paid and the time or times of issue. Such bonds or notes 
shall be signed by the treasurer and countersigned by the governor. The 
treasurer may sell such bonds or notes under the direction of the gov- 
ernor and council. 

276:4 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 time when payable and the date of delivery to the treasurer. The 
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 the sale, and the time when payable. 

276:5 Short Term Notes. Prior to the issuance of the bonds and 
notes authorized 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 which may be refunded by the issuance 
of the bonds or notes authorized hereunder; provided that at no time 
shall the indebtedness of the state on such short term loans exceed the 
sum of fourteen million dollars, 

276:6 Limitations. All work authorized hereunder where federal 
funds are involved shall first be approved by the department of the 
federal government which is authorized to apportion or allocate federal 
funds. No state funds authorized hereunder shall be spent for acquisi- 
tion of rights-of-way, or construction, until federal approval is given for 
its share of such costs. 

276:7 Payment. The appropriation made by section 1 hereof shall 
be a charge upon highway funds. The principal and interest of bonds or 
notes issued under the provisions hereof shall be a charge upon the high- 
way funds. 

276:8 Takes Effect. This act shall take effect upon its passage. 
[Approved September 17, 1959.] 
[Effective date September 17, 1959.] 



1959] Chapter 277 453 

CHAPTER 277. 

AN ACT RELATIVE TO THE SO-CALLED TIMBER TAX. 

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

277:1 Timber Tax. Amend RSA 79:3 (supp) as inserted by 1955, 
287:1 by striking out said section and inserting in place thereof the 
following: 79:3 Normal Yield Tax. A normal yield tax on the stump- 
age value at the time of cutting shall be assessed by the assessing 
officials, as of October first of each year, against each owner of growing 
wood and timber which has been cut during the previous tax year, at 
the rate of ten per cent. Whenever the assessing officials, or the state 
tax commission, deem it necessary to insure the payment of the yield 
tax, they, or either of them, may require a bond or other security to be 
given by an owner, as defined herein, before or during the cutting period, 
in such amount and conditioned upon such terms as they, or either of 
them, may determine. An owner failing or neglecting to provide such 
bond or security within three days, excluding Sundays and holidays, 
after request therefor may be enjoined from further cutting by the 
superior court which shall make such order as justice shall require. They 
may enter upon and inspect any timber lot, and require the owner to 
produce for inspection any books, records and papers as may be relevant 
and of assistance to them in the assessment of the yield tax. 

277:2 Requirements. Amend RSA 79:10 (supp) as inserted by 
1955, 287:1 by inserting after the word "filed" in the fifteenth line the' 
words: Such certificate shall be posted by the owner in a conspicuous 
place within the area of the cutting, so that said section as amended 
shall read as follows: 79:10 Notice of Cutting. The state, a county, 
a municipality, or public agency or any owner who intendes to cut grow- 
ing wood and timber shall file a notice of intent to cut, in duplicate, prior 
to such cutting with the state tax commission upon a form prescribed 
and provided by said commission, setting forth his name, residence, an 
estimate of the amount and species of wood to be cut, and such other 
information as may be required. He may at his option furnish the 
stumpage price paid. A supplemental notice of intent to cut, in duplicate, 
shall be filed on or before October first for all operations not completed 
or terminated and which will continue after September 30 in any year. 
A copy of each notice shall be forwarded by the tax commission to the 
proper assessing officials. The tax commission shall assign a number to 
each operation for which it receives a notice of intent to cut and shall 
notify the owner and the assessing officials thereof. It shall furnish 
without cost to the owner a certificate showing that the notice of intent 
to cut has been filed. Such certificate shall be posted by the owner in 
a conspicuous place within the area of the cutting. Failure to file a 



454 Chapter 277 [1959 

notice of intent to cut shall constitute a misdemeanor punishable by a 
fine not exceeding- fifty dollars. 

277:3 Further Requirements. Amend RSA 79:11 (supp) as in- 
serted by 1955, 287:1 by striking- out said section and inserting in place 
thereof the following: 79:11 Report. The state, a county, a muni- 
cipality, public agency or any owner shall make under the penalties of 
perjury and file in duplicate a report of the wood or timber severed with 
the state tax commission on or before October 15 covering all wood or 
timber severed up to October first next preceding. If deemed necessary 
by the assessing officials a report shall be filed immediately upon the 
completion or termination of the cutting referred to in the notice of in- 
tent to cut. Such reports shall be made on a form prescribed and pro- 
vided by said commission which shall contain the name and residence 
of the person making the report, and volume of wood and timber cut by 
species or species groups and such other information as the tax com- 
mission may deem necessary to enable the assessing officials to locate, 
identify, verify and determine the full amount and true stumpage value 
of all wood and timber cut. A report of wood and timber severed cover- 
ing operations still in progress through September 30 shall be filed not 
later than October 15 for all wood and timber cut up to October 1 next 
preceding. Upon receipt of a report of cut the tax commission shall 
forward a copy to the proper assessing officials, who shall assess a tax 
in accordance with the provisions of this chapter. Whoever shall fail to 
file a report of cut, as provided in this section shall be guilty of a mis- 
demeanor punishable by a fine not exceeding' one hundred dollars. 

277:4 Special Cases. Amend RSA 79 (supp) as inserted by 1955, 
287:1 by inserting after section 11 the following- new section: 79:ll-a 
Special Assessment. Whenever it shall appear to the selectmen or as- 
sessors that an owner has completed or terminated a cutting' operation 
and the collection of the tax thereon may be placed in jeopardy they may 
require that a report of cut be filed immediately with the selectmen or 
assessors as agents for the tax commission for such operation and make 
a special assessment of the yield and bond and debt retirement taxes 
against the owner to whom such tax should be assessed and without 
complying with the provisions of section 18 hereof commit a warrant 
to the tax collector for the same. In any case where the above named 
report of cut is not filed within twenty-four hours of the request there- 
for the selectmen or assessors may make a special assessment of the 
yield and bond and debt retirement taxes basing the assessment on such 
evidence as is available to them. The collector upon receipt of tlie war- 
rant shall make demand for payment of such taxes and may use any of 
the provisions of law to collect the taxes committed to him in such war- 
rant. In a case where an owner has terminated or completed an opera- 
tion at least thirty days prior to September 30 of any year he may after 
filing the report of cut as required by section 11 request that the select- 



1959] Chapter 278 455 

men or assessors make a special assessment of the yield and bond and 
debt retirement taxes ag'ainst the owner of the wood and timber severed 
on such operation. In such cases the selectmen or assessors shall make 
such special assessment of the yield and bond and debt retirement taxes 
and after complying with the provisions of section 18 hereof commit a 
warrant to the collector for the same and the collector shall proceed in 
the collection of the same. 

277:5 Suspension of Statutes. Such parts of section 4 of chapter 
75 RSA, as require the selectmen's invoice to show valuation of grow- 
ing- wood and timber separately from the land, and such part of section 4 
of chapter 74 RSA, as require the owner in returning his inventory of 
property to list an estimate of the amount and kind of wood and timber 
owned by him are hereby suspended during the time RSA 79 (supp) is 
in effect. 

277:6 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 17, 1959.] 
[Effective date November 16, 1959.] 



CHAPTER 278. 
AN ACT RELATIVE TO CERTAIN ISLANDS IN GREAT PONDS. 

Be it enacted by the SeTUvte amd House of Representatives in General 
Court convened: 

278:1 Jurisdiction. Amend RSA 219:7-a (supp) as inserted by 
1957, 286:1 by striking out the word "and" in the tenth line; further 
amend by inserting after the word "Danbury" in the eleventh line the 
words, and figures, (9) the island in Baptist Pond in the town of Spring- 
field; (10) the island in Billings Pond in the town of Sutton; and (11) 
the island in Eastman Pond in the town of Grantham, so that said sec- 
tion as amended shall read as follows: 219:7-a Islands. The follow- 
ing islands in the following lakes or ponds are hereby placed within the 
jurisdiction of the forestry and recreation commission, as public reserva- 
tions; (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; (8) Seven islands in Pleasant Pond in the town of 
Danbury; (9) the island in Baptist Pond in the town of Springfield; (10) 
the island in Billings Pond in the town of Sutton; and (11) the island in 



456 Chapter 279 [1959 

Eastman Pond in the town of Grantham. Nothing- contained herein shall 
confer authority on the forestry and recreation commission to dispose 
of said islands by sale and provided further that nothing contained herein 
shall be construed to affect the title to any such islands. 

278:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 17, 1959.] 
[Effective date November 16, 1959.] 



CHAPTER 279. 

AN ACT RELATIVE TO POWERS OF THE SUPERIOR COURT ON IMMUNITY 

OF WITNESSES. 

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

279:1 Application of Statutes. Amend section 1 of chapter 312 of 
the Laws of 1955 by inserting after the figure "1955" in the fourth line 
the words, or as provided in RSA 588, so that said section as amended 
shall read as follows: 1 Privilege Against Self-incrimination. No 

witness summoned by the attorney general in the course of the investiga- 
tion of subversive activities as provided in chapter 307 of the Laws of 
1953 as amended by chapter 197, Laws of 1955, or as provided in RSA 
588, shall be excused from giving his testimony or producing docu- 
mentary evidence upon the ground that such testimony or documentary 
evidence could tend to incriminate him provided that upon claim of 
privilege against self-incrimination, on relation of the attorney general, 
any justice of the superior court has adjudged the testimony of such 
witness or the production of such evidence to be necessary in the public 
interest confirmed by such justice in a written communication to the 
witness which shall be made a part of the record of the hearing, case 
or proceeding in which such testimony or evidence is given. But no such 
witness shall be prosecuted or subjected to any penalty or forefeiture 
for or on account of any transaction, matter, or thing concerning which 
he is compelled, after having claimed his privilege against self-incrimina- 
tion, to testify or produce evidence, documentary or otherwise and no 
testimony so given by him shall in any prosecution be used as evidence, 
either directly or indirectly, against him nor shall he thereafter be 
prosecuted for any offense so disclosed by him. 

279:2 Takes Effect. This act shall take effect upon its passage 
provided nothing herein shall affect pending litigation. 
[Approved September 17, 1959.] 
[Effective date September 17, 1959.] 



1959] Chapter 280 457 

CHAPTER 280. 
AN ACT RELATIVE TO INSPECTORS OF ELECTION. 

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

280:1 Inspectors of .Election. Amend RSA 59:30 by striking out 
said section and inserting- in place thereof the following: 59:30 Ap- 
pointment. After holding a caucus as provided by RSA 56:73 or RSA 
56:87, each town and ward political committee of the two political parties 
which cast the largest number of votes for governor in the state at the 
last previous biennial election are authorized bet'syeen October 1 and 
October 10 of each biennial election year to appoint as additional election 
officers to act with the clerk, moderator and selectmen at each polling 
place, two inspectors of election. Provided that if the number of voters 
qualified to vote at a polling place shall exceed two thousand, said political 
committees may each appoint for such polling place one additional in- 
spector for each fifteen hundred qualified voters, or fraction thereof in 
excess of two thousand. The chairmen of said political committees shall, 
on or before October 12, notify said appointees and the town or ward 
clerk and city clerk concerned as to appointments made under the fore- 
going authority. Provided that if any such appointments are not made 
by said political committees and proper notification thereof given on or 
before October 12 in a particular town or ward, then the appointments 
shall be made by the selectmen of the town or ward concerned. 

280:2 Political Parties. Amend RSA 59:31 by striking out said 
section and inserting in place thereof the following: 59:31 Qualifica- 
tions. Such inspectors of election shall be qualified voters in the said 
polling place and shall be appointed from the designated registered voters 
of the two political parties, one-half of those appointed to be from each 
of the two political parties which cast the largest number of votes for 
governor in the state at the biennial election next preceding their ap- 
pointment, provided there are sufficient number of such voters on the 
voting list who are willing and able to serve. 

280:3 Other Appointments. Amend RSA 59:32 by striking out 
said section and inserting in place thereof the following: 59:32 Ap- 
pointment of Alternates. In making appointments of inspectors of elec- 
tions as provided by RSA 59:30, town and ward political committees, 
and the town and ward selectmen may designate a numerical list of al- 
ternates to be called in numerical order to serve in case of any failure 
of the principal appointees to accept the appointments, or otherwise be 
unavailable. 

280:4 Justice. Amend RSA 59:33 by striking out said section and 
inserting in place thereof the following: 59:33 Appointment by Court. 
In case any appointment shall not be made as herein provided or vacan- 



458 Chapter 281 [1959 

cies are not filled as hereinafter provided then, on application of six 
qualified voters in the town or ward concerned, a justice of the municipal 
court shall make the appointments. 

280:5 Selectmen. Amend RSA 59:35 by striking out said section 
and inserting in place thereof the following: 59:35 Vacancies. In 
case of any vacancies, or the absence of any of these appointed in- 
spectors of election from any polling place, on any primary or election 
day, the selectmen of the town or ward concerned shall appoint some 
person qualified as aforesaid to fill said office, using the list of alternate 
appointees insofar as practicable. 

280:6 Duties/ Amend RSA 59:36 by striking out said section and 
inserting in place thereof the following: 59:36 Duties. Two of the 
inspectors, one from each of the two political parties, shall be designated 
by the moderator at the opening of the polls to act as ballot clerks. They 
shall have charge of the ballots therein and shall furnish them to the 
voters in the manner herein set forth. A duplicate checklist of the 
qualified voters shall be prepared for the use of the ballot clerks and all 
the provisions of law relative to the preparation, furnishing and preserva- 
tion of checklists shall apply to such duplicate lists. The other inspectors 
shall be designated by the moderator to assist the illiterate and physically 
disabled in voting their ballots as provided in section 65, and shall be 
assigned such other duties in the polling place as the moderator may 
determine. 

280:7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 17, 1959.] 
[Effective date November 16, 1959.] 



CHAPTER 281. 

AN ACT RELATIVE TO FISH AND GAME LICENSES FOR CERTAIN 
RESIDENT ALIENS. 

Be it enacted by the Sermte a/nd House of Representatives in General 
Court convened: 

281:1 Fish and Game Licenses. Amend RSA 214 by inserting 
after section 9 the following new section: 214:9-a Resident Aliens. 

Notwithstanding other provisions of this title an alien who has lived 
and made his home continuously within the state not less than one year 
next prior to his application for a license, and who has been honorably 
discharged from the armed forces of the United States, may make ap- 
plication to the director of fish and game for a special license to hunt or 
fish, or both. Such applicant shall submit satisfactory evidence of his 



1959] Chapter 282 459 

service for the United States and the director may issue to such applicant 
a special license. Such license shall have marked or stamped thereon the 
words "resident alien license". The fee for any license issued under the 
provisions of this section shall be the same as for issuance of resident 
licenses. 

281:2 Takes Effect. This act shall take effect October 1, 1959. 
[Approved September 17, 1959.] 
[Effective date October 1, 1959.] 



CHAPTER 282. 
AN ACT RELATIVE TO PUBLIC SWIMMING POOLS. 

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

282 :1 State Board of Health. Amend RSA by inserting after sec- 
tion 30 (supp) as inserted by 1955, 275:8 the following new subdivision: 

Public Pools and Bathing Places 

147:31 Swimming Pools and Bathing Places. No person shall 
install, operate or maintain an artificial swimming pool or bathing place 
open to and used by the public, or as part of a business venture, unless 
the construction, design and physical specifications thereof shall have 
received prior approval by the state department of health. The state 
board of health may make rules and regulations, and establish standards, 
for carrying out the provisions of this section. Nothing herein shall bo 
deemed to affect the powers of local health officers or of the state de- 
partment of health with respect to nuisances. 147:32 Injunction. Any 
person operating or maintaining such a swimming pool or bathing place 
without the same having been approved by the state department of 
health as provided in section 31 may be enjoined, in term time or in 
vacation, by the superior court or any justice thereof upon petition 
brought by the attorney general. 

282:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 17, 1959.] 
[Effective date November 16, 1959.] 



460 Chapters 283, 284 [1959 

CHAPTER 283. 

AN ACT RELATIVE TO AUTHORITY OF COMMISSIONER OF PUBLIC WORKS 

AND HIGHWAYS. 

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

283:1 Public Works and Highways. Amend RSA 229 by inserting 
at the end of said chapter the following new section: 229:22 Aid to 
Towns and Cities. The commissioner may, on request of any city or 
town, perform work of maintenance and repair, including the furnishing 
of labor and materials, on any town or city road, bridge or any other 
property used in connection with highways of the city or town under the 
following conditions: 

I. The commissioner shall estimate the cost of such project and 
the city or town shall remit the amount of said estimate to the commis- 
sioner before work is commenced on the project. 

II. If the actual cost of the project exceeds the estimated cost 
the city or town shall remit the difference within thirty days of com- 
pletion of the project. If the actual cost of the project is less than the 
estimated cost the commissioner shall refund the excess payment within 
thirty days. 

III. The commissioner shall undertake no project the estimated 
cost of which exceeds ten thousand dollars. 

IV. Whenever the commissioner has authorized a project for a 
city or town under the provisions of this section he shall advise the 
comptroller of such action and request that the funds received from the 
city or town hereunder be kept in a separate account. Charges may be 
made against said separate account for the expenses of the project. In 
so far as such charges include labor of personnel of the department of 
public works and highways the cost thereof shall be credited to the 
highway fund. 

283:2 Takes Effect. This act shall take effect upon its passage. 
[Approved September 17, 1959.] 
[Effective date September 17, 1959.] 



CHAPTER 284. 

AN ACT RELATIVE TO AUTHORITY FOR EXPENDITURES OF SPECIAL FEDERAL 
FUNDS RECEIVED BY THE PUBLIC WORKS AND HIGHWAYS DEPARTMENT. 

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

284:1 Public Works and Highways. Amend RSA by inserting 
after chapter 289 the following new chapter: 



1959] Cpiapter 285 461 

Chapter 239-A 

Acceptance of Funds 

239-A :1 Federal Funds. Whenever the federal government 
shall make available to the state special grant of funds for construction 
or improvement of highways in the state by the terms of which grant 
the state is not required to make matching appropriations, the commis- 
sioner of public works and highways is authorized to accept such grants 
and to take such action as may be necessary to secure to the state the 
benefit of such grant. 

239-A :2 Expenditures. In case of grants as provided in section 
1 the commissioner of public works and highways is authorized to use 
any funds in the highway fund not specifically required to be used else- 
where in order to meet the necessary expenditure for the purposes for 
which the grant was authorized. When federal funds are received the 
same shall be used to reimburse the highway fund for expenditures made 
hereunder. 

239-A :3 Construction of Statute. When federal funds are made 
available to the state for purposes hereof the amount of the grant ac- 
cepted by the commissioner shall be deemed to be an appropriation of 
the same amount for the purposes hereof. 

284:2 Takes Effect. This act shall take effect upon its passage. 
[Approved September 17, 1959.] 
[Effective date September 17, 1959.] 



CHAPTER 285. 
AN ACT PROVIDING FOR ORIGINAL MOTOR VEHICLE LICENSES. 

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

285:1 Motor Vehicle Operation. Amend RSA 261 by inserting 
after section 11 the following new section : 261 :ll-a Original Licenses. 

The commissioner, upon receiving proper application for an original 
operator's commercial or motorcycle license, may in his discretion issue 
a white hcense, designated thereon as Original, effective until the holder's 
second anniversaiy of the license holder's date of birth following the 
date of issuance to allow such applicant to gain proper driving habits, 
attitudes and experience. The commissioner, either prior to or after a 
hearing, may suspend or revoke any such Original license for good 
cause upon receipt of proper evidence or information of misconduct, 
misuse and abuse of such operating privileges. Any person whose license 



462 Chapters 286, 287 [1959 

privilege has been revoked shall, when applying for restoration of such 
privilege, do so as an original applicant, except that the commissioner, 
in his discretion, may waive any and all of the examination requirements. 

285:2 Takes Effect. This act shall take effect upon its passage. 
[Approved September 17, 1959.] 
[Effective date September 17, 1959.] 



CHAPTER 286. 

AN ACT RELATIVE TO THE SANDWICH NOTCH AND DALE ROAD IN THE TOWNS 

OF Sandwich and Thornton. 

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

286:1 Sandwich Notch and Dale Road. Amend section 2 of chap- 
ter 54, Laws of 1955 by striking out said section and inserting in place 
thereof the following: 2 Maintenance. A sum not exceeding three 
hundred dollars per mile shall be annually expended by the state for the 
maintenance of Sandwich Notch and Dale road in the towns of Sandwich 
and Thornton provided that the towns of Sandwich and Thornton shall 
each expend the sum of one hundred dollars in their own town for each 
mile of said road in respective town. The sums provided herein shall be 
expended under the direction of the commissioner of public works and 
highways and the appropriation hereunder to be expended by the state 
shall be a charge on the highway funds. 

286:2 Takes Effect. This act shall take effect upon its passage. 
[Approved September 17, 1959.] 
[Effective date September 17, 1959.] 



CHAPTER 287. 
AN ACT RELATIVE TO THE NEW HAMPSHIRE STATE PORT AUTHORITY. 

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

287:1 Authorization. Amend RSA 271-A (supp) as inserted by 
1957, 262:1, by inserting after section 12 the following new sections: 

271-A :13 Acquisition of Land. The authority, with the ap- 
proval of the governor and council, may, in the name of the state, pur- 
chase, lease or otherwise acquire lands or interests in land, including 
options, on, near or adjacent to the tidal waters of the state suitable for 



1959] Chapter 287 463 

construction, establishing and maintaining thereon piers, wharves, ware- 
houses or other f aciUties useful and necessary in the encouragement and 
development of commercial navigation. Before making any such purchase 
or acquisition, the authority shall submit to the governor and council a 
detailed description of the land or interests therein to be acquired, to- 
gether with a statement of the purposes for which the property is suited 
and the cost of acquisition and estimated cost of development, as well 
as such other information as the governor and council shall require. The 
authority, with the approval of the governor and council, may accept 
gifts of land; and may in like manner accept and apply to the purchase 
of land or the development thereof, contributions, gifts or aid in any 
form made or given for the purpose by any person, firm or corporation, 
or by any municipality or by the United States, and may execute instru- 
ments necessary to qualify for such contributions, gifts or aid. 

271- A: 14 Improvements. The authority, with the approval of 
the governor and council as to the nature and specifications of the in- 
tended project and the cost thereof, may undertake the improvement of 
any land acquired by it, by the construction thereon of piers, wharves, 
warehouses or other facilities as specified in the preceding section. Any 
such improvement shall, insofar as possible, be self-liquidating; and the 
authority shall charge just and reasonable fees for the use thereof. All 
revenue received from such fees shall be accounted for separately, and, 
after the deduction therefrom of the cost of operating such project, shall 
be applied to the amortization of obUgations issued for the construction 
of such improvements under the provisions of this chapter. 

287:2 Appropriation. The sum of one million dollars is hereby 
appropriated for expenditure by the New Hampshire State Port Au- 
thority, with the approval of the governor and council, for the purposes 
of RSA 271-A:13 and RSA 271-A:14. To provide funds for such appro- 
priation, the state treasurer is hereby authorized, under the direction 
of the governor and council, to borrow upon the credit of the state not 
exceeding said sum of one million dollars, and for said purposes may issue 
bonds and notes in the name and on behalf of the state of New Hamp- 
shire. 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 issue. 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. The appropriation hereunder 
shall be a continuing appropriation and shall not lapse. 

287:3 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 



464 Chapter 288 [1959 

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. 

287:4 Short Term Notes. Prior to the issuance of the bonds or 
notes hereunder, the treasurer, under the direction of the governor and 
council, may for the purpose hereof borrow money from time to time on 
short term loans, which may be refunded by the issuance of the bonds 
or notes hereunder. Provided, however, that at no time shall the in- 
debtedness of the state on short term loans exceed the sum of one 
million dollars for borrowing to provide funds for the purposes of RSA 
271-A:13, 14. 

287:5 Sale of Bonds or Notes. All bonds or notes except short 
term loans issued under the provisions of section 2 shall be sold at public 
sealed bidding to the highest bidder, provided, however, that the gov- 
ernor 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. 

287:6 Limitations. Notwithstanding any other provisions of RSA 
271-A:13 and 14, as hereinbefore inserted the governor and council 
shall not authorize the construction of piers, whai-ves, warehouses or 
other facilities until they have substantial evidence that such construc- 
tion will be self-liquidating. For the purpose of engineering and promo- 
tional services the port authority is authorized to expend a sum not to 
exceed twenty thousand dollars. Said sum shall be a charge upon the 
appropriation made by section 2. 

287:7 Biennial Report. The authority shall make a biennial re- 
port to the legislature setting forth in detail the operations and trans- 
actions conducted by it pursuant to this act. 

287:8 Takes Effect. This act shall take effect upon its passage. 
[Approved September 17, 1959.] 
[Effective date September 17, 1959.] 



CHAPTER 288. 

AN ACT RELATIVE TO POSTING LOAD AND SPEED LIMITS ON TOWN BRIDGES 
AND RELATIVE TO A CERTAIN BRIDGE OVER MERRIMACK RIVER. 

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

288:1 Bridges. Amend RSA 247:21 by inserting after the words 
"six tons" in the fifth line the words, or where a greater or lesser lawful 
load limit is posted on or near the entrances of such other bridge, culvert 
or sluiceway, the load limit so posted, so that said section as amended 



1959] Chapter 288 465 

shall read as follows: 247:21 Weight of Load. Towns are not liable 
for such damages to a person traveling upon a bridge, culvert or sluice- 
way constructed by the town and state with joint funds when the weight 
of the load, inclusive of the vehicle, exceeds fifteen tons, or upon any 
other bridge, culvert or sluiceway when the weight of the load, inclusive 
of the vehicle, exceeds six tons or, where a greater or lesser lawful load 
limit is posted on or near the entrances of such other bridge, culvert or 
sluiceway, the load limit so posted. 

288:2 Non liability for Damages. Amend RSA 247 by inserting 
after section 23 the following new section: 247:23-a Speed Limit. 
Towns are not liable for such damages to a person traveling upon any 
bridge constructed by the town at a speed which is greater than the 
lawful speed limit posted on or near the entrances of such bridge. 

288:3 Ti-ial. Amend RSA 247:24 by adding after the word "load" 
in the third line the words, the speed of the vehicle, so that said section 
as amended shall read as follows: 247:24 Burden of Proof. Upon the 
trial of any action for the recovery of such damages, it is incumbent on 
the plaintiff to prove the weight of the load, the speed of the vehicle, 
the width of the felloes or the number of cattle on the bridge. 

288:4 Requirements. Amend RSA 251:16 by striking out said 
section and inserting in place thereof the following: 251:16 Load 
Limits on Town Bridges; Posting. Except as otherwise provided by law 
all town bridges not constructed with town bridge aid funds and which 
the town has the duty to maintain shall have a carrying capacity of at 
least six tons. The selectmen shall cause notice of the load limit of such 
town bridge to be posted on or near the entrances of such bridge. Such 
town bridges may be posted for a load limit of less than six tons but not 
less than three tons when application has been made for town bridge 
aid pursuant to the provisions of RSA 242 and action on such application 
is pending. 

288:5 Boscawen-Canterbury Bridge. Whereas, the town of Can- 
terbury has made application for town bridge aid on a certain bridge 
over the Merrimack river, which application is still pending and whereas, 
the town of Boscawen has not yet made such application for such aid 
on said Boscawen-Canterbury bridge, the application by the town of 
Canterbury shall be deemed to be in compliance with RSA 242 and shall 
be sufficient to authorize the posting at the eastern end of said bridge 
in accordance with the provisions of RSA 251:16, as hereinbefore 
amended, and the commissioner of public works and highways is au- 
thorized to proceed under said application in accordance with the ap- 
plicable provisions of law. Nothing herein shall be construed as relieving 
the town of Boscawen of its duties and responsibilities in connection 
with the maintenance of this structure until it shall have made applica- 



466 Chapter 289 [1959 

tion for town bridge aid in accordance with the provisions of RSA 242. 
The provisions of this section shall be effective only from the date of 
the passage of this act until April 1, 1961. 

288:6 Takes Effect. This act shall take effect upon its passage. 
[Approved September 17, 1959.] 
[Effective date September 17, 1959.] 



CHAPTER 289. 

AN ACT ESTABLISHING AN ADMINISTRATIVE COMMITTEE FOR MUNICIPAL 

COURTS. 

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

289:1 Municipal Courts. Amend RSA 502 by inserting after sec- 
tion 26 the following new sections: 502:26-a Administrative Com- 
mittee. There shall be an administrative committee of the municipal 
courts, hereinafter called the committee, which shall consist of five 
justices thereof, assigned to serve thereon by the supreme court for 
such period of time as it may deem advisable. The committee shall be 
authorized to visit any municipal court, or any justice, as a committee 
or by sub-committee, to recommend uniform rules, practices and pro- 
cedures for conducting the business in municipal courts in all cases not 
expressly provided by law, to recommend forms of blanks and records, 
to superintend the keeping of records by clerks and justices, and shall 
have general advisory powers in relation to municipal courts. To promote 
co-ordination in the work of such courts, the committee may from time 
to time call conferences of any of the justices thereof or other officials 
connected therewith, and the traveling expenses of such justices or 
officials for attending such conferences shall be paid by the clerk of each 
court, and the necessary expenses of the members of the committee, 
including clerical expenses, incuiTed in the performance of their duties, 
shall, subject to the approval of the governor and council, be paid from 
the state treasury. 502 :26-b Rules and Forms. The recommendations 
of the committee, or a majority of its members, as to rules, practices 
and procedures and as to forms of blanks and records, shall be submitted 
to the supreme court for approval, which may alter and amend them, 
and may from time to time make such other rules and forms for regu- 
lating the proceedings in the municipal court as it considers necessary 
in order to secure regularity and uniformity, and such rules, practices 
and procedures and forms of blanks and records when approved by or 
promulgated by the supreme court shall be forwarded by it to the com- 
mittee and shall be sent by the committee to each justice of each muni- 
cipal court. 



1959] Chapter 290 467 

289:2 Appropriation. There is hereby appropriated the sum of 
twenty-five hundred dollars for the fiscal year ending June 30, 1960, and 
the sum of twenty-five hundred dollars for the fiscal year ending" June 
30, 1961, which appropriation shall not lapse. 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 
warrant for said sum, or so much thereof as may be required for the 
purposes hereof, out of any money in the treasury not otherwise appro- 
priated. 

289:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 17, 1959.] 
[Effective date November 16, 1959.] 



CHAPTER 290. 

AN ACT PROVIDING FUNDS FOR THE ADMINISTRATIVE COMMITTEE OF THE 

PROBATE COURTS. 

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

290:1 Appropriation. The sum of seven hundred and fifty dollars 
for the fiscal year ending June 30, 1960, and a like sum for the fiscal 
year ending June 30, 1961, are hereby appropriated to be expended by 
the administrative committee of the probate court for its duties under 
the provisions of RSA 547:34, as inserted by 1957, 139:1. 

290:2 Continuing Appropriation. The appropriation made under 
the provisions of section 1 hereof shall be a continuing appropriation 
which shall not lapse. Said appropriation shall be a charge against the 
general funds of the state and the governor is authorized to draw his 
warrants therefor out of any money in the treasury not otherwise ap- 
propriated. 

290:3 Takes Effect. This act shall take effect as of July 1, 1959. 
[Approved September 17, 1959.] 
[Effective date July 1, 1959.] 



468 Chapter 291 [1959 

CHAPTER 291. 

AN ACT PROVIDING FOR INSPECTION AND LICENSING OF PLACES FOR SALE 
OF LIVE ANIMALS AND BIRDS. 

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

291:1 New Chapter. Amend RSA by inserting: after chapter 443 
the following new chapter: 

Chapter 443-A 

Sale of Animals and Birds 

443-A :1 License Required. No person, firm or corporation shall 
engage in the business of selling to the public live animals or birds cus- 
tomarily used as household pets unless the premises on which they are 
displayed for sale or sold are duly licensed for that purpose by the de- 
partment of agriculture of the state of New Hampshire. 

443-A :2 Licenses. Applications for licenses shall be made an- 
nually in writing to the department of agriculture accompanied by a 
license fee of ten dollars. After January 1, the license fee shall be five 
dollars. If after inspection such department finds that the premises, 
cages and facilities thereon meet the proper standards for health and 
sanitation and that their use will not result in inhumane treatment of 
said animals or birds, a license shall be issued. Licenses shall expire on 
June 30th following issue, and may be renewed on application to the de- 
partment of agriculture accompanied by a renewal fee of ten dollars. 
Such licenses shall be in the form prescribed by the state department of 
agriculture and shall be publicly displayed at the premises covered 
thereby. Each such license shall be subject to revocation at any time by 
the department of agriculture if in the judgment of such department 
the conditions under which it was issued are not being maintained. All 
license fees shall be deposited in the state treasury to the account of 
the department of agriculture to be used for the enforcement of this act. 

443-A :3 Prohibition. No licensee hereunder shall offer for sale 
or sell any maimed, sick or diseased animal or bird or treat inhumanely 
any animal or bird in his care or possession. 

443-A :4 Rules and Regulations. The state department of agri- 
culture is authorized to promulgate rules and regulations relative to the 
care of animals and birds kept for sale or otherwise displayed. Said 
regulations shall also include health precautions in case of birds and 
animals which are offered for sale, kept or otherwise exhibited in stores 
where foods or drink of any kind are sold, prepared, or served. 

443-A :5 Information to be Furnished. Any person, firm or 
corporation selling, keeping for sale animals or birds as herein provided 



1959] Chapter 292 469 

shall furnish the state department of ag-riculture such information rela- 
tive to same as may be required by said department. 

443-A:6 Exception. The license provisions of this chapter shall 
not apply to breeders of dog-s licensed under the provisions of RSA 466:6. 

443-A:7 Inspections. Inspections of all premises as described 
in 443-A:l shall be made, at reasonable times, but in no case less fre- 
quently than every six months. Any duly appointed agent of any humane 
society or S. P. C. A. incorporated in the state of New Hampshire act- 
ing under the authority and direction of the department of agriculture 
or an official representative of the department of apiculture may make 
said inspections at any reasonable time. 

443-A:8 Penalty. Any person, firm or corporation violating any 
of the provisions of this chapter shall be fined not exceeding the sum of 
one hundred dollars, or imprisoned not exceeding thirty days, or both 
such fine and imprisonment. 

291:2 Takes ,Eifect. This act shall take effect as of January 1, 
1960. 

[Approved September 17, 1959.] 
[Effective date January 1, I960.] 



CHAPTER 292. 

AN ACT TO ALLOW THE STATE TO TAKE ADVANTAGE OF FEDERAL BENEFITS TO 
EDUCATION UNDER THE NATIONAL DEFENSE EDUCATION ACT OF 1958. 

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

Court convened: 

292:1 Federal Aid to Education. Amend 186 by inserting after 
section 11 the following new subdivision: 

National Defense Education Aid 

186:ll-a Definitions. xA.s used in this subdivision the words 
"federal act" shall mean the National Defense Education Act of 1958, 
being Public Law 85-864, as now in effect or as amended. 

186:ll-b State Board of Education. The state board of educa- 
tion is hereby designated as the sole agency for the administration of 
prog"rams for which the state may be entitled to receive federal aid 
under the provisions of the federal act as herein defined. The good faith 
of the state is pledged to make available for the several purposes of said 
federal act, as hereinafter specially described, funds sufficient to meet 
the state's obligations from time to time and to meet all conditions 
necessary to entitle the state to accept the benefits thereof. 



470 Chapter 292 [1959 

186:ll-c Custodian of Funds. The state treasurer shall be 
custodian of any money that may be allotted to the state by the federal 
g-overnment under the provisions of this subdivision and is hereby au- 
thorized to make disbursement therefrom upon the order of the state 
board of education. 

186:ll-d Programs for Federal Aid. The state board of educa- 
tion throug'h the commissioner of education acting as the executive officer 
of the board, shall formulate plans for the following programs : 

I. Expenditure of funds paid to this state from its allotment 
under section 302(a) of title III of the federal act, solely for projects 
approved by the state board of education for acquisition by school dis- 
tricts, cities maintaining school departments and cooperative school 
districts of laboratory and other special equipment, including audio- 
visual materials and equipment and printed materials (other than text- 
books) suitable for use in providing education in science, mathematics 
or modern foreign languages in public elementary and/or secondary 
schools, and minor remodeling of laboratory or other space in such 
schools used for such materials or equipment. 

II. Expenditure of funds paid to this state from its allot- 
ment under section 302(b) of title III of the federal act solely for ex- 
pansion or improvement of supervisory or related services in public 
elementary and secondary schools in the fields of science, mathematics 
and modern foreign languages, and for administration of this state's 
plan formulated pursuant to title III of the federal act. 

III. Testing students in the public secondary schools of this 
state to identify students with outstanding aptitudes and abiUty and 
a program of guidance and counseling to advise students in such schools 
of courses of study best suited to their ability, aptitudes and skills, and 
to encourag-e students with outstanding aptitudes and ability to complete 
their secondary school education, take the necessary courses for ad- 
mission to institutions of higher education, and enter such institutions, 
pursuant to title V of the federal act. 

IV. To improve the state's existing- vocational education pro- 
gram by providing area vocational educational programs for the train- 
ing of individuals designed to fit them for useful employment as highly 
skilled technicians in recognized occupations requiring scientific knowl- 
edge in fields necessary for the national defense, pursuant to title III of 
the Vocational Education Act of 1946 as inserted by title VIII of the 
federal act. 

V. To improve and strengthen the adequacy and reliability of 
educational statistics provided by state and local reports and records and 
the methods and techniques for collecting and processing educational 
data and disseminating information about the condition and progress 
of education in this state, pursuant to section 1009 of title X of the 
federal act. 



1959] Chapter 293 471 

186:ll-e Rules and Regulations. The state board of education 
is hereby authorized to enter into such agreements with federal agencies 
and to adopt such reasonable rules and regulations as are necessary to 
effectuate the purposes of this subdivision and to conform with appli- 
cable federal legislation and regulations relative thereto. 

292:2 Appropriations. For the purpose of meeting the obhgations 
of the state in providing funds for the state's share in the program for 
education aid under the provisions of RSA 186:ll-a to 186:ll-d as in- 
serted by section 1 of this act there are hereby appropriated for the 
fiscal year ending June 30, 1960, the sum of twenty thousand dollars 
and for the fiscal year ending June 30, 1961 the sum of twenty thousand 
dollars. Said appropriation shall be a continuing appropriation and shall 
not lapse. The state board of education shall expend the funds appro- 
priated by the state together with such sums as may be received from 
the federal government under provisions of the National Defense Edu- 
cation Act of 1958 and any amendments thereto. The state board of 
eudcation shall allocate the funds appropriated by the state and re- 
ceived from the federal government among the several progi^ams de- 
scribed in RSA 186:ll-d in such manner as it shall determine and in 
accordance with all applicable federal legislation and regulations. The 
governor is authorized to draw his warrants for the sums appropriated 
by the state out of any money in the treasury not otherwise appro- 
priated. Provided further that the state appropriation hereunder shall 
be available for expenditure only if federal funds are granted under said 
national defense act. 

292:3 Takes Effect. The provisions of section 1 of this act shall 
take effect upon the passage of the act. The provisions of section 2 of 
this act, providing appropriations, shall take effect as of July 1, 1959. 
[Approved September 17, 1959.] 
[Effective date : 

Section 1 — September 17, 1959. 

Section 2 — July 1, 1959.] 



CHAPTER 293. 

AN ACT AUTHORIZING MUNICIPALITIES TO REQUIRE THE REPAIR, CLOSING OR 

DEMOLITION OF DWELLINGS UNFIT FOR HUMAN HABITATION AND TO 

ESTABLISH AND ENFORCE MINIMUM STANDARDS FOR USE AND 

OCCUPANCY OF DWELLINGS. 

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

293:1 Housing Standards. Amend RSA by inserting after chap- 
ter 48 the following new chapter: 



472 Chapter 293 [1959 

CHAPTER 48-A 

Housing Standards 

48-A:l Definitions. The following terms, wherever used or re- 
ferred to in this chapter, shall have the following respective meanings, 
unless a different meaning clearly appears from the context: 

I. "Municipality" shall mean any city or town in this state. 

II. "Governing body" shall mean, in a city, that governing 
body which is designated as such by the charter of the particular city; 
in a town, the town meeting, 

III. "Dwelling" shall mean any building, structure, trailer, 
mobil-home or camp or part tliereof , used and occupied for human habi- 
tation or intended to be so used and includes any appurtenances belong- 
ing thereto or usually enjoyed therewith. 

IV. "Public agency" shall be a board designated by ordinance, 
code or by-law to exercise the powers and perform the duties conferred 
upon it by this chapter, 

48-A:2 Grant of Power. Whenever the governing body of any 
municipality finds that there exists in such municipality dwellings which 
are unfit for human habitation due to dilapidation, dangerous defects 
which are likely to result in fire, accidents, or other calamities, unhealth- 
ful lack of ventilation or sanitary facilities, or due to other unhealthy 
or hazardous or dilapidated conditions, including those set forth in sec- 
tion 4 hereof, power is hereby conferred upon such municipality to adopt 
ordinances, codes, or by-laws to cause the repair, closing, or demolition 
or removal of such dwellings in the manner herein provided, 

48-A:3 Provisions of Ordinances, Codes and By-Laws. Such 
ordinances, codes and by-laws shall include the following provisions: 

I. That the pubUc agency shall be a board consisting of at 
least three members two of whom shall be the head of the municipal 
health department and the head of the municipal fire department, if 
such offices exist, and such other incumbents of municipal offices or posi- 
tions as such ordinance, code or by-law shall prescribe. Selectmen and 
city and town managers, and members of the governing bodies of cities, 
shall be ineUgible for membership on such board, 

II, That whenever a petition is filed with the public agency by 
at least ten residents of the municipality charging that any dwelling is 
unfit for human habitation or whenever it appears to the public agency 
by inspection that any dwelling is unfit for human habitation, it shall, 
if preliminary investigation discloses a basis for such charges, issue and 
cause to be served upon the owner, every mortgagee of record and all 
parties in interest in such dwelling (including persons in possession) a 
complaint stating the cliarges in that respect. If the person to be served 



1959] Chapter 293 473 

resides outside the state, service may be made upon him by registered 
mail; and if there are any unascertained persons having an interest in 
said dwelHng-, notice may be given them by pubhcation in a newspaper 
having general circulation in the municipality, such publication to be at 
least ten days before the date set for the hearing. Such complaint shall 
contain a notice that a hearing will be held before the public agency at a 
place therein fixed not less than ten days nor more than thirty days after 
the serving of said complaint; that the owner, mortgagee and parties 
in interest shall be given the right to file an answer to the complaint 
and to appear in person, or otherwise, and give testimony at the place 
and time fixed in the complaint; and that the rules of evidence prevail- 
ing in courts of law or equity shall not be controlling in hearings before 
such public agency. 

III. That if, after such notice and hearing, the pubHc agency 
determines according to the standards of the ordinance, code or by-law 
that the dwelling under consideration is unfit for human habitation it 
shall state in writing its findings of fact in support of such determina- 
tion and shall issue and cause to be served upon the owner thereof an 
order which, if the repair, alteration or improvement of the said dwell- 
ing can be made at a reasonable cost in relation to the value of the 
dwelling and the ability of the owner to assume such cost, requires the 
owner, within the time specified in the order, to repair, alter, or improve 
such dwelling to render it fit for human habitation or to vacate and close 
the dwelling as a human habitation; or if the repair, alteration or im- 
provement of the said dwelling cannot be made at a reasonable cost in 
relation to the value of the dwelling and the ability of the owner to 
assume such cost, requires the owner, within the time specified in the 
order, to remove or demolish such dwelling. 

IV. If an owner is aggrieved by an order of the public agency 
made pursuant to paragraph III hereof, he may appeal to the city coun- 
cil or mayor and board of aldermen in the case of cities, or to the board 
of selectmen in the case of towns. Said city council or mayor and board 
of aldermen or board of selectmen shall hold a public hearing upon said 
appeal, due notice of said hearing having first been given to the public 
agency and to the owner. The city council or mayor and board of alder- 
men or board of selectmen may affii'm or revoke the order of the public 
agency, or they may modify the same in accordance with their findings. 
If they shall affirm or modify such order, the public agency shall pro- 
ceed to enforce said order as affirmed or so modified, in the manner 
prescribed in section 4. If the city council or mayor and board of alder- 
men or board of selectmen shall revoke said order, the proceedings shall 
be tenninated. 

48-A:4 Procedure for Enforcement. If the owner fails to com- 
ply with an order, made pursuant to the provisions of section 3 hereof, 
to repair, alter, improve or to vacate and close the dwelling, or to re- 



474 Chapter 293 [1959 

move or demolish the dwelling; the public agency may file a petition in 
the superior court in which it shall set forth the charges issued pursuant 
to paragraph II of said section 3, as well as any other allegations bear- 
ing upon the unfitness of the dwelling for human habitation. The court 
shall thereupon direct notice to be given all parties having an interest 
in said dwelling, including mortgagees and persons in possession thereof. 
Such notice shall be given, where practicable, by personal service, except 
that if the person to be served resides outside the state, service may be 
made upon him by registered mail; and if there are any unascertained 
persons having an interest in said dwelling, notice may be given them 
by publication of the petition in a newspaper having general circulation 
in the municipality, such publication to be at least ten days before the 
date set for the hearing. The court shall set a date for hearing such 
charges and additional allegations, such date to be not later than fifteen 
days after the filing of said petition. Upon hearing, the matter shall be 
treated as de novo, and the court shall hear such pertinent evidence con- 
cerning the fitness of the dwelling for human habitation as may be 
relevant. 

48-A:5 Order of the Court. The court shall as soon as prac- 
ticable issue its order upon said petition; and if the court finds the 
dwelling complained against is unfit for human habitation due to any 
of the causes or conditions enumerated in section 48-A:2, such order 
shall direct the public agency to repair, alter, or improve such dwelling 
to render it fit for human habitation if such repair, alteration or im- 
provement can be made at a reasonable cost in relation to the value of 
the dwelling and the ability of the owner to assume such cost; or if the 
repair, alteration or improvement of said dwelling cannot be made at a 
reasonable cost in relation to the value of the dwelling and the ability of 
the owner to assume such cost, to remove or demolish such dwelling. If 
the court shall find in favor of the owner, it shall award to him his 
reasonable costs and expenses, including counsel fees, all as determined 
by the court, incurred by him in his defense of the action in the superior 
court. 

48-A:6 Lien. Whenever the public agency shall incur cost for 
the repair, alteration, improvement, vacating or closing, or for the re- 
moval or demolition of a dwelling, pursuant to an order of the superior 
court, the amount of such costs shall be a lien against the real property 
which such cost was incurred and such lien, including as part thereof 
upon allowance of his costs and necessary attorneys' fees, may be fore- 
closed upon order of the superior court made pursuant to a petition for 
that purpose filed in said court. Such lien shall be subordinate to mort- 
gages of record made before the institution of proceedings under this 
chapter. Notice of said lien shall be filed with the register of deeds for 
the county in which the real estate ds situated, and shall be recorded by 
him. If the dwelling is demolished by the public agency, he shall sell the 



1959] CHAPTER 293 475 

materials of such dwelling and pay the proceeds of such sale over to the 
superior court, for distribution to such persons as the court shall find 
entitled thereto, 

48-A:7 Standards for Public Agency. An ordinance, code or 
by-law adopted by a municipality pursuant hereto shall provide that the 
public agency may determine that a dwelling is unfit for human habita- 
tion if he finds that conditions exist in such dwelling which are un- 
usually, abnonnally, or unreasonably dangerous or injurious to the health 
or safety of the occupants of such dwelling, the occupants of neighbor- 
ing dwellings or other residents of such municipality. Such conditions 
may include the following: Defects which increase beyond normal the 
hazards of fire, accident, or other calamities; lack of reasonable ade- 
quate ventilation, light, or sanitary facilities; dilapidation; disrepair; 
dangerous structural defects; uncleanliness ; over-crowding; inadequate 
ingress and egress ; inadequate drainage ; or any violation of other health, 
fire or safety regulations. 

48-A:8 Additional Provisions of Ordinances, Codes, or By-Laws. 

An ordinance, code or by-law adopted by the governing body of the muni- 
cipality may authorize the public agency and its delegated officers to 
exercise such powers as may be necessary or convenient to carry out 
and effectuate the purposes and provisions of this chapter including the 
following powers in addition to others herein granted: 

(I) to investigate the dwelling conditions in the municipality 
in order to determine which dwellings therein are unfit for human habi- 
tation ; 

(II) to administer affirmations, examine witnesses and re- 
ceive evidence ; 

(III) to enter upon premises for the purpose of making ex- 
aminations, provided that such entries shall be made in such manner as 
to cause the least possible inconvenience to the persons in possession, 
and to obtain an order for this purpose from a court of competent juris- 
diction in the event entry is denied or resisted; 

(IV) to appoint and fix the duties of such officers, agents and 
employees as deemed necessary to carry out the purposes of such ordi- 
nance, code or by-law; and 

(V) to delegate any of its functions under such ordinance to 
such officers as it may designate. 

48-A:9 No Abrogation of Other Powers of Municipalities. 
Nothing herein shall be construed to abrogate or impair the powers of 
the courts or of any governing body, city council, or department of any 
municipality to enforce any provisions of its charter or its ordinances 
or regulations nor to prevent or punish violations thereof; and the powers 
conferred by this chapter shall be in addition and supplemental to the 
powers confeiTed by any other law. 



476 Chapter 294 [1959 

48- A: 10 No Abrogation of Powers of Municipalities as to 
Nuisances. Nothing in this chapter shall be construed to impair or 
limit in any way the power of the municipality to define and declare 
nuisances and to cause their removal or abatement, by summary pro- 
ceedings or otherwise. 

48-A:ll Minimum Standards; Barring the Use or Occupancy. 
Violations and Punishment. Any municipality may (by ordinance adopted 
by its governing body) : 

(a) prescribe minimum standards for the use and occupancy 
of dwellings throughout the municipality; 

(b) prevent the use or occupancy of any dwelling which is in- 
jurious to the public health, safety, or welfare. 

48-A:12 Exceptions. Notwithstanding any other provision of 
this chapter, no dwelling shall be determined to be unfit for human habi- 
tation under the provisions of this chapter if it meets the usual require- 
ments of laws and customs which were in effect at the time it was built, 
and it is maintained in reasonably good repair and condition by current 
standards and its condition is not such as to endanger the public health 
or safety; and it is further provided that notwithstanding any other 
provision of this chapter, no dwelling shall be determined to be unfit for 
human habitation under the provisions of this chapter if it were origi- 
nally built, by, for, or on behalf of the United States government, or 
any agency thereof, and if it is presently maintained in reasonably good 
repair and condition by current standards; and any housing ordinance, 
code or by-law adopted by any municipality under the authority of this 
chapter shall be subject to this provision whether or not this provision 
is specifically included therein. 

293:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 17, 1959.] 
[Effective date November 16, 1959.] 



CHAPTER 294. 

AN ACT RELATING TO THE ACQUISITION OF PROPERTY RIGHTS OF A PUBLIC 

UTILITY IN CONNECTION WITH THE LAYOUT, CONSTRUCTION 

OR ALTERATION OF STATE HIGHWAYS. 

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

294:1 State Highways. Amend RSA 232 by adding at the end 
thereof the following new section: 232:7 Acquisition of Interests in 



1959] Chapter 295 477 

Land. When the construction or alteration of any state highway re- 
quires the taking of land or rights therein in which a public utility has 
a property interest by agreement with the public utility owning such 
interest, the department of public works and highways may acquire by 
layout under the layout statute applicable to the highway in question 
or by purchase and subject to the approval of the governor and council 
convey to said public utility, in mitigation of such damages as said 
public utility may be entitled to on account of the taking of its property 
interest, such land or rights in land as may be necessary to provide a 
substitute property interest. 

294:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 17, 1959.] 
[Effective date November 16, 1959.] 



CHAPTER 295. 

AN ACT RELATING TO DISCHARGE OR REMOVAL FROM OFFICE OF COUNTY 

EMPLOYEES. 

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

295:1 County Employees. Amend RSA 28 by inserting after sec- 
tion 10 the following new section : 28:10-a Removal from Office. Any 

county employee, except the superintendent of the county farm, who has 
served at least one year shall not be discharged or removed from office 
except for malfeasance, misfeasance, or inefficiency in office, or incapacity 
or unfitness to perform his duties as a county employee. Prior to the 
discharge or removal of any such employee a statement of the gi'ounds 
and reasons therefor shall be prepared by the county commissioners and 
signed by a majority of the board and notice thereof shall be given to 
said employee not less than ten days nor more than thirty days prior 
to the effective date of such discharge or removal. Upon receipt of such 
notice the employee may request a public hearing thereon before the 
county commissioners. If upon such hearing said commissioners shall 
find good cause for discharge or removal of said employee they shall 
order his discharge or removal from office provided that said employee 
shall have an appeal from the order of the county commissioners to the 
executive committee of the county delegation as provided in RSA 24:9. 
Any such employee whose discharge or removal has been ordered by the 
county commissioners may, within ten days after notice of such order, 
make written request to the chairman of the county convention for a 
rehearing. The chairman of said county delegation, as an ex-ofScio mem- 
ber of the executive committee, shall upon receipt of said request, call 



478 Chapters 296, 297 [1959 

a special meeting' of the executive committee whose decision on the dis- 
charge or removal of said employee shall be final. The salary of said 
employee shall terminate on the effective date of his discharge, provided 
that if good cause shall not be found for his discharge and he shall be 
reinstated, the salary of said employee shall be paid from the date of 
discharge. 

295 :2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 17, 1959.] 
[Effective date November 16, 1959.] 



CHAPTER 296. 

AN ACT RELATIVE TO THE CONTROL OF AQUATIC NUISANCES. 

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

296:1 Water Pollution Commission. The water pollution commis- 
sion is hereby authorized and directed to study and investigate aquatic 
nuisances in the form of algae and similar plant life in the waters of the 
state with the view of determining how the same may best be con- 
trolled. The commission shall report its activities hereunder to the next 
session of the general court, which report shall include recommendations 
for legislation designed to eliminate or control such nuisances. The com- 
mission is authorized to accept and apply to the purposes hereof gifts 
and grants from any person or association, public or private, made for 
the purposes of aiding such study and investigation. 

296:2 Takes Effect. This act shall take effect upon its passage. 
[Approved September 17, 1959.] 
[Effective date September 17, 1959.] 



CHAPTER 297. 

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: 

297:1 Appropriation. The sum of six hundred sixty- three thou- 
sand five hundred ten dollars is hereby appropriated for the purpose of 



1959] Chapter 297 479 

capital improvements and long- term repairs, which purpose includes 
such related improvements, facilities, equipment and furnishings as are 
necessary to complete the same. The estimated costs for the projects are 
as follows: 

I. Administration and control : 
Reinforcing" floor beams — 
state house basement $ 6,300.00 



II. 



III. 



Total 




Department of education : 




(a) Keene teachers colleg-e: 




Rewiring- Huntress Hall 


$ 18,100.00 


Acquisition of land, eight- 




een acres more or less, ad- 




joining present athletic 




field 


20,000.00 


(b) Plymouth teachers college : 




Electrical entrance and 




feeders 


5,500.00 


Acquisition of so-called 




Pemigewasset Hotel property 


55,000.00 


(c) Manchester technical institute : 




Overhaul burner and repair re- 




fractory 


1,500.00 


Paint buildings — one coat 


1,600.00 


(d) Portsmouth technical institute: 




Replace oil burner and retube 




boiler 


3,500.00 


Reconstruct roof over classroom 


6,000.00 


Reconstruct roof over elevator 




well 


850.00 


Paint buildings one coat and 




repair windows 


1,400.00 


Total 


i 


Industrial school: 




Rebricking boilers 


$ 4,850.00 


Detention home 


165,000.00 



$ 6,300.00 



$113,450.00 



Total $169,850.00 



480 Chapter 297 [1959 

IV. Laconia state school : 

Rehabilitation of Quimby 

kitchen and bakery $121,500.00 

Heating system improvement 95,000.00 



Total 216,500.00 

V. State sanatorium: 

Replacement of kitchen and 

adjacent food area flooring $ 5,250.00 

Roadway for fire protection 17,500.00 



Total 22,750.00 

VI. Forestry and recreation: 
Recreation division: 

Hampton beach seawall walk $ 52,500.00 
White lake park water system 14,000.00 

Mount Prospect repairs 8,500.00 



Total 75,000.00 

VII. Water resources: 

Rebuild Forest lake dam and 
other projects authorized by 
RSA 482-A $ 20,000.00 20,000.00 

VIII. Public works : 

Preliminary engineering, in- 
spection and overhead $ 22,660.00 22,660.00 

IX. State prison: 

Replacement of bam 17,000.00 



Total $663,510.00 

297:2 Recreational. The sum of eighty-one thousand seven hun- 
dred seven dollars is hereby appropriated for the recreational division 
as follows: 

Sunapee "t"-bar roadway and ad- 
joining parking lot $ 81,707.00 



Total *$ 81,707.00 

* Of this amount $4,707 shall be transferred to the public works division 
for preliminary engineering, inspection and overhead. 

297:3 Powers of Governor and Council. The governor and council 
are hereby authorized and empowered: 



1959J Chapter 297 481 

I. To establish the priority of undertaking any projects herein- 
before enumerated; 

II. To transfer funds from any project named in section 1 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 ap- 
propriated ; 

IV. To substitute emergency long term repair 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 
and 2. 

297:4 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 in- 
stitutions and departments referred to therein, provided that all con- 
tracts 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 recrea- 
tion commission provided that all contracts for projects and plans and 
specifications therefor shall be awarded in accordance with the pro- 
visions of RSA 228:4. 

297:5 Borrowing Power. To provide funds for the appropriation 
made in section 1 hereof, the state treasurer is hereby authorized, under 
the direction of the governor and council, to borrow upon the credit of 
the state not exceeding the sum of six hundred sixty-three thousand 
five hundred ten dollars ($663,510.00) ; to provide funds for the appro- 
priations made in section 2 hereof not exceeding the sum of eighty-one 
thousand seven hundred seven dollars ($81,707.00) ; 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 foi-m of 
such bonds or notes, their rate of interest, the date when interest shall 
be paid and the time or times of issue. Such bonds or notes shall be 
signed by the treasurer and countersigned by the governor and shall be 
deemed a pledge of the faith and credit of the state. 

297:6 Payments. The payment of principal and interest on bonds 
and notes issued for the projects in section 1 shall be made when due 
from the general funds of the state. The payment of principal and in- 



482 Chapter 297 [1959 

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. 

297:7 Proceeds from Sale. The proceeds of the sale of said bonds 
or notes authorized by section 5 shall be held by the treasurer and paid 
out by him upon warrants drawn by the governor for the purposes of 
sections 1 and 2 alone. The governor, with the advice and consent of the 
council, shall draw his warrants for the payments from the funds pro- 
vided for herein of all funds expended or due for the purposes herein 
authorized. 

297:8 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. 

297:9 Short Term Notes. Prior to the issuance of the bonds or 
notes hereunder, the treasurer, under the direction of the governor and 
council, may for the purpose hereof borrow money from time to time 
on short term loans, which may be refunded by the issuance of the bonds 
or notes hereunder. 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 six hundred sixty- three thousand five 
hundred ten dollars for borrowing to provide funds for the purposes of 
section 1 ; and (2) not exceeding the sum of eighty-one thousand seven 
hundred seven dollars for borrowing to provide funds for the purposes 
of section 2. 

297:10 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 gov- 
ernor 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. 

297:11 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. 

297:12 Plymouth Teachers College. Any balance of the sum ap- 
propriated by 1957, 293:3 for the men's dormitory at Plymouth Teachers 
College shall be available for expenditure by the state board of educa- 
tion for the purpose of the construction of parking areas and expenses 
in connection with the widening and improving of Highland Avenue in 
Plymouth adjacent to said men's dormitory. The sums hereby made 
available shall be used in connection with funds made available by the 



1959] Chapter 298 483 

town in connection with widening and improving said Highland Avenue. 
Rental rates for the use of the dormitory at Plymouth Teachers College 
as provided by 1957, 293:13 shall be continued in order to amortize the 
extension of the purposes of the appropriation provided hereunder as 
well as to amortize the investment in said dormitory. 

297:13 Takes Effect. This act shall take effect upon its passage. 
[Approved September 17, 1959.] 
[Effective date September 17, 1959.] 



CHAPTER 298. 

an act providing for election of county commissioners for 
Merrimack county by districts for a two-year period. 

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

298:1 Merrimack County. There shall be chosen at the biennial 
election of 1960, by ballot, by the inhabitants of the several towns in 
each of the commissioner districts, in Merrimack county, qualified to 
vote for state senators, one county commissioner. Said county commis- 
sioners shall take office on January first 1961 and shall hold the same for 
two years and until his successor is chosen and qualified. 

298 :2 Commissioner Districts. For the purpose of the election of 
county commissioners for the election of 1960 the county of Merrimack 
is divided into three disti'icts and each district is entitled to elect one 
commissioner. District 1. The following wards of the city of Concord, 
4, 5, 6, 8 and 9 and Hopkinton. District 2. Andover, Boscawen, Can- 
terbury, Chichester, Concord, wards 1, 2 and 3, Danbury, Franklin, Hill, 
Loudon, New London, Northfield, Salisbury, Webster and Wilmot. Dis- 
trict 3. Allenstown, Bow, Bradford, Concord, ward 7, Dunbarton, Epsom, 
Henniker, Hooksett, Newbury, Pembroke, Pittsfield, Sutton and Warner. 
No person is eligible to the office of county commissioner for a district 
of Merrimack county unless he is a resident of said district. The inhabi- 
tants of the county of Merrimack, for the biennial election of 1960 may 
vote for not more than one candidate from said district. The candidate 
receiving the highest number of votes in any one district shall be declared 
elected county commissioner from that district. 

298:3 Application of Statutes. For the period during which this 
act is in effect the provisions of RSA 64:1 (supp) as amended by 1955, 
261:1 and 1955, 317:1, RSA 64:2 (supp) as amended by 1955, 261:3 and 
1955, 317:3, paragraph HI of RSA 64:11 and RSA 64:12 (supp) as 
amended by 1955, 317:4 in so far as they relate to the county of Merri- 
mack are hereby suspended. 



484 Chapter 299 [1959 

298:4 Takes Effect. This act shall take effect for the nomination 
and election of Merrimack county commissioners at the biennial election 
in 1960, only, and shall be effective for a two-year period only, during 
the term of office of county commissioners elected at that time, namely 
January 1, 1961 to December 31, 1962. Nothing' herein shall be construed 
as affecting- the term of office or the qualifications of county commis- 
sioners of MeiTimack county in office at the time this act takes effect 
nor to nomination and election of county commissioners of Merrimack 
county at the biennial election of 1962 and subsequent thereto. 
[Approved September 17, 1959.] 
[Effective for Biennial Election of I960.] 



CHAPTER 299. 

AN ACT RELATIVE TO THE OPERATION OF PASSENGER TRAMWAYS. 

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

299:1 Passenger Tramways. Amend RSA 225-A:l (supp) as in- 
serted by 1957, 254:1, by striking out said section and inserting in place 
thereof the following: 225-A:l Declaration of Policy. It shall be the 
policy of the state of New Hampshire to protsct its citizens and visitors 
from unnecessary mechanical hazards in the opsration of ski tows, lifts 
and tramways, to ensure that proper design and construction are used, 
that commission accepted safety devices and sufficient personnel are pro- 
vided for, and that periodic inspections and adjustments are made which 
are deemed essential to the safe operation of ski tows, ski lifts, and 
passenger tramways. The primary responsibility for design, construc- 
tion, 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, 
establish reasonable standards of design and operational practices and 
make such independent inspections as may be necessary in carrying out 
this policy. 

299:2 Extended Requirements. Amend RSA 225-A:14 (supp) as 
inserted by 1957, 254:1, by striking out said section and inserting in 
place thereof the following: 225-A:14 Registration Required. No 
passenger tramway shall be operated in this state unless the operator 
thereof has been registered by the board. 

299:3 Change in Date. Amend RSA 225-A:15 (supp) as inserted 
by 1957, 254:1, by striking out said section and inserting in place thereof 
the following: 225-A:15 Application for Registration. On or before 
December first in each year every operator of a passenger tramway shall 



1959] Chapter 299 485 

apply to the board, on forms prepared by it, for registration hereunder. 
The application shall contain such information as the board may reason- 
ably require, 

2'99:4 Expiration Date. Amend RSA 225-A: 17 (supp) as inserted 
by 1957, 254:1, by striking out the words "September first" and insert- 
ing in place thereof the words, November thirtieth, so that said section 
as amended shall read as follows : 225-A: 17 Registration. The board, 
if satisfied with the facts stated in the application, shall issue a regis- 
tration certificate to the operator. Each registration shall expire on 
November thirtieth next following the day of its issue, 

299:5 Orders of Commission. Amend RSA 225-A (supp) as in- 
serted by 1957, 254:1, by inserting after section 18 the following new 
section: 18-a Emergency Shut-Down. When facts are presented to 
the board, or to any member thereof, tending to show that an unreason- 
able hazard exists in the continued operation of a tramway, the board 
or member, after such verification of said facts as is practical under the 
circumstances and consistent with the public safety, may, by an emer- 
gency order require the operator of said tramway forthwith to cease 
using the same for the transportation of passengers. Such emergency 
order shall be in wi'iting and notice thereof may be served by any person 
upon the operator or his agent immediately in control of said tramway 
by a true and attested copy of such order, the return of such service 
to be shown by an affidavit on the back thereof. Such emergency order 
shall be effective for a period not to exceed forty-eight hours from the 
time of service. Immediately after the issuance of an emergency order 
hereunder, the board shall conduct an investigation into the facts of 
the case as contemplated in section 19, and shall take such action under 
said section 19 as may be appropriate. 

299 :6 Prohibition. Amend RSA 225-A (supp) as inserted by 1957, 
254:1, by inserting after section 19 the following new section: 19-a 
Operation Forbidden. If in any such case the board is of the opinion 
that the public safety would be endangered by the use of the tramway 
for the transportation of passengers prior to the taking of some or all 
of such coiTective action, it shall so state in said order, and shall require 
in said order that the tramway shall not be so used until specified cor- 
rective action shall have been taken. From and after receipt of said order 
by the operator said tramway shall not be used for the transportation 
of passengers without the approval of the board. Application for a hear- 
ing before the board shall not have the effect of suspending said order. 
Operation of the tramway following receipt of such order may be en- 
joined by the superior court. 

299:7 Licenses Extended. All outstanding valid licenses issued 
under RSA 225-A which would otherwise expire as of September 1, 1959, 



486 Chapter 300 [1959 

shall ibe extended and be valid for the period from September 1, 1959 to 
November 30, 1959, unless suspended by the board. 

299:8 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved September 17, 1959.] 
[Effective date November 16, 1959.] 



CH