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The compiled statutes of the state of New Hampshire: to which are prefixed ... online

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THE



COMPILED STATUTES



OP THE



STATE Of NEW HAMPSHIRE:



TO WHICH ARE PREFIXED



THE CONSTITUTIONS



OP THE



UNITED STATES AND OF THE STATE OF NEW HAMPSHIRE,



PUBLISHED BT ORDER OF THE LEGISLATURE.



• - t ■»



SECOND EDITION.



CONCORD :

PUBLISHED BT O. PABKEB LTON.

1854.



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COMPILED AND PUBLISHED
▲OBXSABLT TO

RESOLUTIONS OF THE LEGISLATURE,

PAMBD •

JUNE AND NOVEMBER SESSIONS, 1852.



«•• •• •



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COmSSIONEES' EEPOET.



In pnrsnance of a resolntion of the legislature, passed June ses-
sion, 1852, the undersigned were commissioned by the governor
and council ^^to compile, arrange and put into chapters, under
appropriate heads, the public acts now in force, including the
Tevised statutes and the public acts and laws passqd since the
levision of the statutes." On receiving our commission for that
purpose, we proceeded immediately to the work, and reported to
the legislature, at their November session, what portion of it we
had been able to accomplish in that time.

Under a resolution of the November session, recommitting the
work to us, ^^ with instructions to proceed with the compilation,"
we have completed, published, and herewith submit, the compila-
tion containing all the laws now in force, including the acts of
June and November sessions, 1852.

Our endeavor has been, so far as possible, to follow strictly the
instructions contained in the resolution, not intending to exceed
our authority, but to make a " compilation^^ without changing the
legal sense of the original enactments. In consequence of adopt-
ing the plan to compile together in chapters and sub-divisions the
various sections relating to the same subject, to avoid the perplex-
ity that might arise in finding out the original enactments, we
have made reference to the chapter and year of the laws passed
since 1842 at the end of each section, and have in like manner
referred to the revised statutes, excepting those chapters which are
identical, or nearly so.

The laws passed since 1842, being composed in a great measure
of additions to and amendments of the revised statutes, contain
as a matter of course references to the chapters and sections added
to or amended, which references we have retained in the compila-
tion, giving at the same time, in parenthesis, the chapter and sec-
tion of the compilation. Acts required to be adopted by towns
and corporations we have been obliged to arrange in the same
manner, which, it will be readily seen, has rendered our task much
more laborious than it would have been if we had had authority
to revise in that particular.

In the general plan of the work we have adopted the anange-



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xnent of the revised statutes, retaining the same titles, but adding
new chapters, where the subject matter required, under its most
appropriate title.

The constitution of the United States we have prefixed to the
compilation, and also the constitution of New Hampshire, with
the governor's proclamation of amendments adopted by the con-
stitutional convention of 1851.

The resolution of the November session recommitted the work
to the commissioners, authorizing them '< to complete the same
and to procure the same to be printed, with a proper index, in such
way and manner as they may deem to be for the best interest of
the State," without instructions as to the prices to be paid for
printing or the number of copies to be procured for the State.
We, therefore, presumed it was the intention of the legislature
that the printing should be done by the state printers, on the
terms fixed by law, and that the number of copies for the use of
the State should be the same as of the pamphlet laws authorized
by law. Accordingly the state printers were directed to do the
printing at said prices, and to furnish 825 copies for the use of the
State; and we agreed with them that the book should be fur^
nished to the public at the same prices.

We have appended a copious and full index, which we believe
will be found convenient for reference ; and with the above expla-
nations of arrangement and plan of the compilation, we submit it
to the legislature, hoping it will be found, oh examination, in every
respect what was intended by them and what was expected by the
public.

RALPH METCALF,
CALVIN AINSWORTH,
SAMUEL H. AYER.
Concord, JunCy 1853.



The following typographical errors occurred in the first edition
of the Compiled Statutes, and are corrected in this, the second
edition : —

Page 175, sec. 2, second line, the word notj omitted.

. " 293, " 2, last line, for mortgagee^ mortgager.

*^ 422, << 2, second line, for devised^ derived.

PUBLISHER.
Concord, December^ 1854.



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ANALYSIS



OF THE

CONSTITUTIONS OF THE UNITED STATES
AND OF NEW HAMPSHIRE,

AND OF THE

SEYEBAL TITLES AND CHAPTEBS

CONTAINED IN

THE COMPILED STATUTES.



CONSTITUTION OF THE UNITED STATES.

Page

Article L Legislative power, 2

IL Executive power, '7

HL Judicial power, 9

IV. Relative rights of states, 10

V. How the constitution may be amended, 11

VL Of former debts, supremacy of the constitution
and laws of the United States and oath re-
quired of public officers,. . ; .11

YII. Ratification of the constitution, 12

Amendments, 12



CONSTITUTION OF THE STATE OF NEW HAMP-
SHIRE.

Part L Bill of rights, 17

Part IL Form of government, 23

General court, o 23

House of representatives, 24

Senate, •.. ,^. .. • •• • «. .27



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Vi ANALYSIS OP THE STATUTES-

Part IL Executive power, 30

Governor, - 30

Council, 34

Secretary, treasurer, commissary general, &c., 35

County treasurer, &c., 35

Judiciary power, 36

Clerks of courts, 37

Encouragement of learning, 37

Oaths, writs and general provisions, 38

Declaration of the adoption of the constitution,. . . .41



THE COMPILED STATUTES.

TITLE L

OF STATUTES AND LEGISLATIVE PROCEEDINGS.

Chapter 1. Of the construction of statutes, 43

" 2. Of applications to and proceedings before the

legislature, 46

" 3. Of the publication and distribution of statutes

and journals, 47

" 4. Of the public printer and public printing, 49

TITLE IL

or THE PROPERTY AND REVENUE OF THE STATE.

Chapter 5. Of the state house, 51

" 6. Of the state library, 62

« 7. Of the state lands, 63

" 8. Of the surplus revenue,. 54

" 9. Of the asylum for the insane, 56

« 10. Of the state tax, .58

TITLE III.

OF CERTAIN STATE OFFICERS, AND THE TENURE OF OFFICE.

Chapter 11. Of the secretary of state, 65

« 12. Of the state treasurer, 66



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ANALYSIS OP THE STATUTES. TU

Chapter 13. Of the attorney general and solicitors, .68

14. Of notaries public and commissioners in other
states, 69

15. Of the tenure and oath of office, 71

16. Of filling vacancies, 72

TITLE IV.

OF THE CIVIL DIVISIONS OF THE STATE.

Chapter 17. Of the several counties of the State, .73

" 18. Of the several council districts, .76

" 19. Of the several senatorial districts, 77

TITLE V.

OF COUNTIES AND COUNTY OFFICERS.

Chapter 20. Of the powers and obligations of counties,. . . .79

" 21. Of the election of county officers, 80

" 22. Of the county treasurer, 81

" 23. Of the register of deeds, 82

" 24. Of the county revenue, 83

TITLE VL

OF ELECTIONS OTHER THAN OF COUNTY Am) TOWN OFFICERS.

Chapter 26. Of the rights and qualifications of voters, 86

<* 26. Of the manner of conducting elections, 87

** 27. Of the election of governor, councillors and

senators, 90

" 28. Of the election of representatives in congress,. .91
" 29. Of the election of electors of president and

vice-president, 93

" 30. Of the election of representatives to the gen-
eral court, 95

" 31. Greneral provisions concerning elections, 98



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VIU ANALYSIS OF THE STATUTES.

TITLE VIL

OF TOWNS AlO) TOWN OITICBRS.

Of the powers of towns, 99

Of the establishment of public libraries, 101

Of warning town meetings, 102

Of the government of town meetings, 104

Of the choice of town officers, 105

Of the oaths of town officers, 107

Of vacancies in town offices, 108

Of town lines, 110

Of unincorporated places, Ill

TITLE VIIL

OF THE ASSESSMENT AND COLLECTION OF TAXES.

Chapter 41. Of persons and property liable to taxation, . • . 112

<< 42. Where and to whom persons and property

shall be taxed, IIS

^^ 43. Of the annual invoice of polls and taxable

property, 118

" 44. Of the appraisal of taxable property, ....... .120

" 45. Of the assessment of taxes, : 121

" 46. Of the return of inventories, 122

« 47. Of the abatement of taxes, 123

" 48. Of the collection of taxes of residents,.. .... .124

" 49. Of the collection of taxes of non-residents,. . .126

50. Of the collection of taxes by sheriffs, 130

51. Of extents, 131

TITLE IX.

OF HIGHWATS, BBroOES AND BEPAIES.

Of the powers of selectmen in relation to lay-
ing out highways, 134

Of the powers of the court of common pleas, 137
Of the powers of the road commissioners,. . . .139
Of the power of the road commissioners to
apportion expense in certain cases, 141



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Chaptbr 56.

" 67.

" 68.

« 69.

" 60.

« 61.

« 62.

« 63.

« 64.

« 65.

« 66.

« 67.

« 68.



ANALYSIS OF THB STATUTES. ix

Of the payment of damages and costs, 142

Of neglect of towns to make and repair high-
ways, 143

Of the discontinuance of highways, 146

Of repairing highways in towns, 145

Of making and repairing highways not in any

town, 148

Of damages from defect of highways, 149

Of injuries to highways, .160

Of encumbrances in highways,. 151

Of encroachment on highways,. 162

Of bridges, 153

Of guide posts, 164

Of turning to the right, 166

Of ferries, 156



TITLE X.

OF THE SUPPORT OP PAUPERS AND THE PREVENTION OP PAU-
PERISM.

Cjuptbr 69. Of the settlement of paupers, 156

" 70. Of the support of town paupers, 168

" 71. Of the support of county paupers, 160

<^ 72. Of the maintenance of bastard children, 162



TITLE XL

OP PUBLIC INSTRUCTION.

Chapter 73. Of the creation and division of school dis-
tricts, 165

^ 74. Of the meetings and officers of school dis-
tricts, ^ 169

" 75. Of school houses, 172

^ 76. Of assessment and apportionment of the school

tax, 176

<^ 77. Of the regulation, instruction and inspection

of schools, 176

^ 78. Of truant children and absentees firom school,. 180

« 79. Of high schools, 182

<< 80. Of schools in the town of Portsmouth, 186



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AlfALTSIS OP THS SVATUTBCk

Of high Bchod in the town of Sonier8Worth,.188

Of oommisaionen of common schools, 189

Of teacbera' institutes, 192

Of instracticAi of youth in manufacturing es-

tablisbm^itB, 192

Of the litenury fund, 193



Chapter 86. Of

« 87. Of

« 88. Of

" 89. Of

« 90. Of

« 91. Of

« 92. Of

« 93. Of

« 94. Of

« 96. Of

" 96. Of

" 97. Of

" 98. Of

" 99. Of

" 100. Of

" 101. Of



TITLE XIL

or THE MIUTIA.

exemptions, « .195

em'olments, 197

returns, 199

orderly books and rosters, 201

companies and enlistments, 201

uniform and equipments, 203

ordnance and gun houses, 205

arms furnished by the State, 206

detachments for actual service, 207

regiments, brigades and divisions, 209

officers, 212

the adjutant general, 214

the commissary general, 216

courts martial, 217

courts of inquiry, 220

the incorporation of military companies, . . 221



TITLE Xm.

OF THE INSFECTION AND SALE OF PROVISIONS AND MERCHANDISE, '
AND THE REGULATION OF TRADE.

Chapter 102. Of the appointment and duties of inspectors,. 222

« 103. Of the inspection of flour,. 223

" 104. Of the inspection of beef and pork, 225

" 105. Of the inspection of butter and lard, 231

« 106. Of the inspection of hops, 233

« 107. Of the inspection of fish,. 236

" 108. Of the inspection of pot and pearl ashes, 240

" 109. Of the inspection of lumber, &c*, 243

<< 110. Of the sale of hay, leather and cord wood,. .246



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Chapter 111.
" 112.
«* 113.



ANALYSIS OF THE STATUTES. Zl

Of measurers of grain irii] Portsmouth, 247

Of the weight of oats, potatoes and bread,. .248
Of weights and measures, 249



Chapter 114.
«* 115.
116.
117.
118.
119.
120.
121.
122,
123.
124.
125.
126.
127.
128.




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129.
130.
131.
132.
133.
134.



TITLE XIV.

OP INTERNAL POLICE.

Of extinguishment of fires, .252

Of fire engineers, 257

Of village fire companies, 258

Of hook and ladder companies, 259

Of the safe keeping of gunpowder, 260

Of offences against the police of towns, 262

Of police oflS'cers, 265

Of watchmen, 267

Of idle and disorderly persons, 268

Of licensed houses,. 269

Of Sunday and religious meetings, 271

Of the removal of nuisances,. ..........'.. .273

Of the small pox and pestilential diseases,. .275

Of quarantine, 276

Of pilots and pilotage and the harbor of

Piscataqua, 279

Of sea weed, 280

Of hawkers and pedlers, 281

Of shows and exhibitions, 283

Of the record of births and deaths, 284

Of noxious animals and game, 285

Relating to sheep, 286



TITLE XV.

OF THE TITLE TO, ALIENATION OF, AND LIENS UPON REAL AND
PERSONAL ESTATE.

Chapter 135. Of estates in real property,. *. 287

" 136. Of the conveyance of real estate, 288

" 137. Of mortgages of real estate, 290

" 138. Of mortgages of personal property, 293

" 139. Of the liens of mechanics and others, 296

" 140. Of assignments for the benefit of creditors,. ,297



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XU ANALYSIS OF THE STATUTES.

TITLE XVL

FBOVISIONS RESPECTING KILLS, FENCES, POUNDS, FLOATING TDC-
BEB, STBAT^ AND LOST GOODS.

Chapter 141. Of mills and their repairsi 298

*^ 142. Of fences and common fields,. .300

^ 143. Of pounds and distraining of animals, 303

*< 144. Of floating timber and damages therefrom,. .306

*^ 145. Of strays and lost goods, 307

« 146. Of coast smrvey, 309



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TITLE XVIL

OF COBPOBATIONS.

General provisions respecting corporations,.. 310

Of banks and savings banks, 320

Of mannfactmring corporations, 332

Of railroad corporations, 338

Of proprietors of common lands, 361

Of voluntary associations, 365

Of religions societies, 367

Of fire insurance companies, 370

Of life insurance, 374



Chapter 156.
« 157.
« 168.
« 159.
« 160.



TITLE XVIIL

OF THE DOMESTIC BELATIONS.

Of marriage, , 375

Of divorce, 377

Of hasband and wife, 379

Of guardian and ward, 383

Of masters, apprentices and servants, 389



TITLE XIX.

OF FB&BATE AND THE ESTATES OF DECEASED FEBSONS.

Chapter 161. Of judges of probate and their jurisdiction,. .392

« 162. Of registers of probate, 394

'< 163. Of times and places of holding courts of

probate, 396



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176.



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ANALYSIS OF THB STATUTES. xili

Of citations and notice,. 398

O f writs, 399

Of probate of wills, 402

Of administration, .404

Of inventory and accoants, 406

Of embezzlements, .408

Of suits by and against administrators, 409

Of insolvent estates, 411

Of appeal from commissioners, 415

Of license to sell real estate, 417

Of conveyance of real estate when wife is

insane, 419

Of widow's allowance, dower and distribu-
tive shares, 420

Of descent, distribution and advancements,. .422

Of division of estates among heirs, 424

Of trustees of estates, 42fi|

Of bonds to the judge of probate and suits,. .427
Of appeals from the court of probate, 429



TITLE XX.

OF COUBTS AND THEIR 0FFICEB8.

Chapter 181. Of the superior court and court of common

pleas, .431

« 182. Of the adjournment of courts, 439

" 183. Of clerks of courts, 440

^ 184. Of justices of the peace, 441

« 186. Of police courts, 443

« 186. Of juries, 446

^^ 187. Of attorneys and counsellors, .450

** • 188. Of state reporter, 451

« 189. Of sherifis and deputy sheriflGs, .452

^ 190. Of coroners and constables, 457

TITLE XXL

OF ACTIONS AND FBOOESS.

Chapter 191. Of actions, 458

« 192. Of the limitation of suits, 460



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197.



ANALYSIS OF THE STATUTES.

Of writs and endorsements, 461

Of the service of writs, 466

Of attachmentsi 468

Of the exemption of the homestead from at-
tachment and levy or sale on execution,. . .474
Of arrests and bail, 476



Chapter 198.


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TITLE XXIL

OF PROCEEDINGS IN COURTS.

Of nonsait, default, notice and abatement,. . .479
Of tender, confession, pleading and set-off,.. 482

Of views and evidence, 484

Of depositions in perpetual remembrance,. . .488

Of auditors, 489

Of judgments, 490

Of costs, 492

Of reviews and new trials, 493



TITLE XXIIL

OF EXECUTIONS, LEVIES, BAIL AND RELIEF OF POOR DEBTORS.

Chapter 206. Of executions, 495

^" 207. Of levies on personal estate, 497

« 208. Of levies on real estate, 500

" 209. Of levies on equities of redemption, 502

" 210. Of levies and injunctions, 504

" 211. Of executions against towns, 505

<< 212. Of imprisonment and prison bonds, 506

" 213. Of relief of poor debtors, 508

« 214. Of liability of bail,.. 510

TITLE XXIV.

OF PROCEEDINGS IN SPECIAL CASES.

Chapter 215. Of habeas corpus, 512

" 216. Of forfeitures of grants, 517

« 217. Of replevin, 620

« 218. Of the action of dower, 521



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▲NAL7SI8 OF THB STATUTBS. K7

Of the partition of real estate, 522

Of trespasses and waste, • . • .525

Of the trustee process, 527

Of the action against ten,ants, , • , .538

Of references and oonfession of debt, 535

TITLE XXV. •

OF FINES, FORFErrUEES, COSTS AND RECOGNIZANCES] .

Chapter 224. Of fines, penalties, costs and recognizances,. .538
^ 325. Of forfeitares of personal property, 540

TITLE XXVI.

OF CRIMES AND PUNISHMENTS.

Chapter 226. Of offences against the State, .' 542

" 327. Of offences against the life or person, 543

^ 228. Of regulating the sale of active poisons, . . . .546

** 229. Of offences against property, 547

" 230. Of forgery and counterfeiting, 563

" 231. Of offences against public justice, 555

** 232. Of offences against the public peace, ...... .558

" 233. Of offences against chastity, decency and

morality,. 559

" 234. Of offences against public policy, 561

** 235. G^eneral provisions concerning crimes, 562

" 236. Of rewards for the apprehension of criminals, 562

TITLE XXVII.

OF PROCEEDINGS IN CRIMINAL CASES.

Chapter 237. Of criminal jurisdiction of justices of the

peace, 563

« 238. Of fugitives from justice, 566

" 239. Of coroners' inquests, ,568

<< 240. Of proceedings in criminal cases, 573



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XVI ANALT8IB OP THB STATUTBS.

TITLE XXVIIL

OF DCPRISONHENT.

Chapter 24L Of jails and houses of oonectioD, S77

» 242. Of the state prison, 579

*< 243. Of power of waiden to borrow money, 583

TITLE XXIX-

OF SALARIES AND FEES.

Chapter 244. Of salaries and compensation of certain offi-
cers, 584

<< 245. Of fees and costs in certain cases, 588

TITLE XXX.
Chapter 246. Of acts repealed, 593



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CONSTITUTION



OF



THE UiNITED STATES.



■^■ V».



ARTICLE L

8XCTI0N

1. L^gislatire powers, in whom Tested.

5. HoQse of representatires, how and by

whom chosen. — Qualifications of a
representatire. — Representatives and
direct taxes, how apportioned^ — Cen
SOS. — Vacancies to be filled.— Power
of choosing officers, and of impeach-
ment

3. Senators, how and by whom chosen^—

How classified.— State executive to
make temporary appointments in
case, &C. — Qnaliflcations of a senator.
—President of the senate, his right to
vote.— President pro iem. and other
officers of senate, how chosen^ —
Power to tiy impeachments.- When
president is tried, chief justice to pre-
side. — Sentence.

4. Times, &c, of holding elections, how

prescribed. — One session in each year.

6. Membership.-Quommw-Adjonmments.

-^Bnles^r-Power to punish or expel.
—Journal.— Time of a^jonnmients
limited, unless, &c.

6. Compensations-Privileges.— Disqual-

lilcation in certain cases.

7. House to originate all revenue bills.

Yeto^-Bill may be passed by two
thirds of each house, notwithstand-
ing, &c— Bill not returned in ten
days^-Provisionas to all orden, ftc.



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 1 of 80)