NH RSA Title I
Encyclopedia
Title I: The State and Its Government, is the collection of New Hampshire Revised Statutes Annotated
New Hampshire Revised Statutes Annotated
The New Hampshire Revised Statutes Annotated forms the codified law of the state subordinate to the New Hampshire State Constitution.-History:The RSA is a set of law books published by Thomson West...

 which relate to the state's government as a whole. Like other portions of the RSAs, the Title is divided into Chapters and Sections organized in numbers and subsections organized in lowercase letters.

RSA 1:1 Perambulation of the New Hampshire Line With the Adjoining States of Maine, Massachusetts and Vermont

  • The borders will be reviewed and refined whenever they're needed. This was added recently, due in large part to border disputes with Maine regarding Kittery, Maine
    Kittery, Maine
    Kittery is a town in York County, Maine, United States. The population was 9,543 at the 2000 census. Home to the Portsmouth Naval Shipyard on Seavey's Island, Kittery includes Badger's Island, the seaside district of Kittery Point, and part of the Isles of Shoals...

     (due to the Portsmouth Naval Shipyard
    Portsmouth Naval Shipyard
    The Portsmouth Naval Shipyard , often called the Portsmouth Navy Yard, is a United States Navy shipyard located in Kittery on the southern boundary of Maine near the city of Portsmouth, New Hampshire. It is used for remodeling and repairing the Navy's ships...

     border dispute), and Vermont regarding where the border lies in the Connecticut River
    Connecticut River
    The Connecticut River is the largest and longest river in New England, and also an American Heritage River. It flows roughly south, starting from the Fourth Connecticut Lake in New Hampshire. After flowing through the remaining Connecticut Lakes and Lake Francis, it defines the border between the...

     and to a smaller extent, Killington, Vermont
    Killington, Vermont
    Killington is a town in Rutland County, Vermont, United States. The population was 811 at the 2010 census. Killington Ski Resort is located here....

    .

RSA 1:2 Notice

  • The Governor and Executive Council
    Executive Council of New Hampshire
    The Executive Council of the State of New Hampshire is the executive body of the U.S. state of New Hampshire. The Executive Council advises the Governor on all matters and provides a check on the governor's power. New Hampshire is one of the few states that has an Executive Council, and is the...

     are supposed to put the commissioner of the Department of Transportation
    New Hampshire Department of Transportation
    The State of New Hampshire Department of Transportation is a government agency of the U.S. state of New Hampshire. The NHDOT is under the executive direction of Commissioner of Transportation George Campbell. The main office of the NHDOT is located in the J.O...

     in charge of any modifications espoused by the state to the boundary, advised by the Attorney General. The DOT Commissioner is the spokesperson of the state in regard to meeting with other parties in border matters.

RSA 1:3 Return

  • Any changes to landmarks that constitute the state boundary must be noted by representatives of both parties (New Hampshire
    New Hampshire
    New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...

     and Maine
    Maine
    Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...

    , Massachusetts
    Massachusetts
    The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

    , Vermont
    Vermont
    Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...

     or Quebec
    Quebec
    Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

    ), and given to the Secretary of State.

RSA 1:4 Expense

  • New Hampshire should pay for half of the costs of a border review, although the Governor is authorized to take money out of the treasury for extra expenses if needed.

RSA 1:5 Perambulation of the New Hampshire-Massachusetts State Line

  • The border of New Hampshire with Massachusetts is as was established and marked on the land in as provided in the laws of 1901.

RSA 1:6 Perambulation of New Hampshire-Maine State Line

  • The border of New Hampshire with Maine is as was established and marked on the land in as provided in the laws of 1947, and extending from Bryant's Rock at East Pond
    Great East Lake
    Great East Lake is an water body located in Carroll County and York County in the United States. The lake is shared by the towns of Wakefield and Acton . The lake is the headwaters of the Salmon Falls River, a tributary of the Piscataqua River.The widest part of the lake is in New Hampshire...

     to the Canadian
    Canada
    Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

     line.

RSA 1:7 Perambulation of New Hampshire-Vermont State Line

The border of New Hampshire with Vermont is as established and marked on land in accordance with the decision in Vermont v. New Hampshire, 290 U.S. 579 (1933).

RSA 1:8 Preservation of Monuments on State Boundaries

  • It is a misdemeanor
    Misdemeanor
    A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...

     for a person to willfully or maliciously disturb, injure, remove, obliterate, deface or cover up any monument or mark designating a boundary line between New Hampshire and a border state, unless they make an application to the DOT commissioner.


It is also a misdemeanor to attempt or actually engage in an act on the banks or bed of the Connecticut river that would alter the boundary line with Vermont, without making an application to the DOT commissioner.

RSA 1:9 Determination of Need for Monuments

  • Under application provided in RSA 1:8, the DOT commissioner in consultation with the AG meet with their respective counterparts in the affected border state and will decide if a monument or marker is needed or can be removed.

RSA 1:10 Permit for Resetting Markers and Bounds

  • If needed, the DOT commissioner with the approval of the adjoining state, can issue a permit for the alteration or resetting of the original boundary or mark. The applicant is charged with all costs associated for the alteration or resetting as determined by the DOT commissioner. Any changes to the border by permits are to be fully described in writing, signed by the representatives of both states, and recorded with the secretary of state.

RSA 1:11 Penalty for Alteration Without Application and Permit

Whoever violates RSA 1:8 is guilty of a misdemeanor if a person, or a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

 if any other entity, such as a corporation.

RSA 1:14 Oceanic Boundaries

RSA 1:14 divides New Hampshire's maritime boundaries in regard to the offshore waters into three categories, Marginal Seas, High Seas and Submerged Land, all of which have been agreed upon, through agreement with Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...

 and Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

 as well as through international maritime law.
Marginal Seas

Marginal Seas are anything within three nautical miles (6 km) of the coastal baseline (median between high and low tides at the shore).
High Seas

The High Seas within New Hampshire are classified as anything within 200 nautical miles (370 km) of the coastal baseline unless the coastal baseline is further than 200 nautical miles (370 km) away. In that case, the boundary is extended to the edge of the continental shelf.
Submerged Land

Any land that lies within the Marginal or High Seas claimed by New Hampshire is part of New Hampshire, although to date, only parts of the Isles of Shoals
Isles of Shoals
The Isles of Shoals are a group of small islands and tidal ledges situated approximately off the east coast of the United States, straddling the border of the states of New Hampshire and Maine.- History :...

 would be included as part of this clause.
Controversy
  • In 1975, a legal battle between Maine and New Hampshire was fought in the US Supreme Court over the boundaries of the two states. It arose from a dispute by fishermen over which state's laws towards lobster
    Lobster
    Clawed lobsters comprise a family of large marine crustaceans. Highly prized as seafood, lobsters are economically important, and are often one of the most profitable commodities in coastal areas they populate.Though several groups of crustaceans are known as lobsters, the clawed lobsters are most...

     catches applied, Maine's laws or New Hampshire's RSA 211:27.http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=426&invol=363

1:15 Oceanic Boundaries With Other States

1:15 provides a specification for maritime boundaries with other states, as well as its claim of title to the resources within its oceanic territory in this RSA's third section.
Maine

Stated as starting at the midpoint of the mouth of the Piscataqua River
Piscataqua River
The Piscataqua River, in the northeastern United States, is a long tidal estuary formed by the confluence of the Salmon Falls and Cocheco rivers...

, heading southeast in a straight line into the mouth of Gosport Harbor in the Isles of Shoals
Isles of Shoals
The Isles of Shoals are a group of small islands and tidal ledges situated approximately off the east coast of the United States, straddling the border of the states of New Hampshire and Maine.- History :...

, with a set of lights between Fort Point Light and Whaleback Light
Whaleback Light
-External links:**...

 marking the boundary within the ocean.

Past Gosport, the boundary then intersects the halfway point of the breakwater between Cedar Island and Star Island
Star Island
Star Island is one of the Isles of Shoals that straddle the border between New Hampshire and Maine, seven miles from the mainland in the Atlantic Ocean. Star Island is the largest of the four islands in the group that are located in New Hampshire...

, continuing on that course until the end of New Hampshire's oceanic boundary stated in 1:14.
Massachusetts

From the land boundary, the nautical boundary heads 118 degrees east of True North
True north
True north is the direction along the earth's surface towards the geographic North Pole.True geodetic north usually differs from magnetic north , and from grid north...

, per 1901's Chapter 115, which since has been repealed.http://www.gencourt.state.nh.us/rsa/html/LXI/624/624-16.htm
However, despite the repeal, the border between Massachusetts and New Hampshire has not been disputed, unlike New Hampshire's borders with Maine and Vermont. [The citation listed reads, "excepting from general repeal the following described statutes" and includes 115, 1901, which would seem to mean that 115, 1901 was NOT repealed.]

RSA 3 State Emblems

RSA 3's subchapters have to do with all of New Hampshire's symbolic and heraldic imagery and classifications.

RSA 3:1 State Emblem

The State Emblem is an elliptical panel, vertically oriented, with a picture of the Old Man of the Mountain
Old Man of the Mountain
The Old Man of the Mountain, also known as the Great Stone Face or the Profile, was a series of five granite cliff ledges on Cannon Mountain in the White Mountains of New Hampshire, USA that, when viewed from the north, appeared to be the jagged profile of a face. The rock formation was above...

 surrounded on the top by the state name and on the bottom by the state motto, "Live Free or Die
Live Free or Die
"Live Free or Die" is the official motto of the U.S. state of New Hampshire, adopted by the state in 1945. It is possibly the best-known of all state mottos, partly because it speaks to an assertive independence historically found in American political philosophy and partly because of its contrast...

." It may be placed on all printed or related material issued by the state and its subdivisions relative to the development of recreational, industrial, and agricultural resources of the state.
  • RSA 3:1 State Emblem
  • Emblem of New Hampshire
    Emblem of New Hampshire
    The State Emblem of New Hampshire is an elliptical panel with a picture of the Old Man of the Mountain surrounded on the top by the state name and on the bottom by the state motto, "Live Free or Die." The emblem was officially declared by the New Hampshire General Court in 1945. In 1957, the emblem...


RSA 3:9 State Seal

In order to make the official state seal, the following factors need to be in place according to 3:9.
  • 2 inches (51 mm) across and a circular shape (which brings into doubt whether it's actually still "the seal" when it is on the state flag)
  • A horizon above the middle of the flag, with the sea below the horizon and a third of the sun above the direct center of the horizon
  • Laurel wreaths on the sides
  • Within the Laurel, a full broadside view of the frigate Raleigh
    USS Raleigh (1776)
    USS Raleigh was one of thirteen ships that the Continental Congress authorized for the United States Navy in 1775. Following her capture in 1778, she served in the Royal Navy as HMS Raleigh.-As USS Raleigh:...

  • The bow of the Raleigh must be higher than the stern and on the "dexter" side (to the "holder" of the seal's right) http://www.webster.com/dictionary/dexter, and must show three masts, the masts' supports.
  • The flag authorized by Congress as of 1777 on the stern (Colonial Circle Star Spangled Banner)
  • The masts must have banners heading towards the dexter side.
  • The Raleigh must not have oars
  • There is a division of land and sea fairly parallel to the horizon marked by a double line that is highest when "sinister" (opposite of "dexter")4th one
  • No detail on the water
  • No detail on the land except for a granite boulder on the dexter side.
  • Around the seal the words "Seal of the State of New Hampshire" with periods between each word except for "New" and "Hampshire", as well as before "Seal" and after "Hampshire"
  • At the bottom of the seal, the numerals "1776" with two five-sided stars on each side surrounded by the beginning and the end of the phrase with the periods.

Repealed RSAs and portions of RSAs In Title I

  • 1:12:
  • 1:13:
  • 7B:
  • 8:
  • 8A:
  • 8B:
  • 8C:
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