Book r 1909 COMPILATION OF THE SCHOOL LAWS OF THE Territory of New Mexico Prepared by ACASIO GALLEGOS Assistant Superintendent of Public Instruction Under the Supervision of J. E. CLARK Superintendent of Public Instruction Santa Fe, New Mexico ALBUaUEROUE MORNING JOURNAL ALBUQUERQUE. N. M, \ / 1909 COMPILATION OF THE SCHOOL LAWS OF THE Territory of New Mexico Prepared by ACASIO GALLEGOS Assistant Superintendent of Public Instruction Under the Supervision of J. E. CLARK Superintendent of Public Instruction Santa Fe, New Mexico ALBUQUERQUE MORNING JOURNAL ALBUQUERQUE, N. M, THIS VOLUME IS TERRITORIAL PROPERTY And is for the use of of School District No County of Territory of New Mexico. School officers on retiring from office are required by law to deliver this volume, with all other books and documents of an official character, to their successors in office. ft. ; i COMPILATION IT. ~ OF THE School Laws of New Mexico A COMPUTATION OF THE SCHOOL LAWS OF THE TERRITORY OE NEW MEXICO, INCLUDING THOSE ENACTED BY THE LEGIS- LATIVE ASSEMBLY AT ITS THIRTY-EIGHTH SESSION IN 1909. ORGANIC ACT. CONTENTS. Sec. 15. Sections sixteen and thirty-six of each township in the Ter- ritory to be reserved for school purposes. Sec. 15. "AND BE IT FURTHER ENACTED, That when the lands in said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said territory shall be, and the same are hereby reserved for the purpose of being applied to schools in said territory, and in the states and territories hereafter to be erected out of the same." U. S. STATUTES. Forty-Ninth Congress, First Session. CCCIvXII. AN ACT To Provide for the Study oe the Nature oe Aecohoeic Drinks and Narcotics and oe their EEFECTs UPON The Human System, in connection WITH the Several Divisions oe the Subject oe Physioeogy and Hygiene, by the pupies in the^ PuBEic Schools oe the territories and oe the Dis- trict OE Columbia, and in the Military and Naval Academies, and Indian and Colored Schools in THE Territories oe the United States. CONTENTS. Sec. 1. Instruction regarding alcoholic drinks and narcotics. Sec. 2. School officers to enforce provisions 'of Section 1. Sec. 3. Teachers certificates to be not granted' to persons lacking in knowledge concerning alcoholic drinks and narcotics. Sec. 1. — Special Instruction Regarding Bifects of Alcoholic Drinks and Narcotics on Human System, to he Taught in Territorial Schools. Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled: Sec. 1. That the nature of alcohohc drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several .divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools, and in the military and naval schools, and shall 'be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of text books in the hands of pupils where other brandies are thus studied in said schools, and by all the pupils in all said schools throughout the Olf tut TERRITORY OF NEW MEXICO 5 Territories, in the military and naval academies of the United States, and in the District of Columbia, and in all Indian and colored schools in the territories of the United States. Sec. 2. — School Officers to Enforce Provisions of Sec. i., and Failing to do so, Shall be Removed from Office. That it shall be the duty of the proper officers in control of any school described in the foregoing section to enforce the provisions of this act; and any such officer, school director, committee superintendent, or teacher, who shall refuse or neglect to comply with the requirements of this act, or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by the first section of this act, for all the pupils in each and every school under his jurisdiction, shall be removed from office, and the vacancy filled as in other cases. Sec. 3. — Teachers' Certificates to he Refused Persons not Pass- ing Satisfactory Bxamination in Physiology^ and Hygiene With Special Reference to Systematic Effects of Alcoholic Drinks and Narcotics. That no certificate shall be granted to any person to teach in the public schools of the District of Columbia or Terri- tories, after the first day of January, Anno Domini 1888, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the nature and the effects of alcoholic drinks and other narcotics upon the human system. Approved May 20, 1886. CHAPTER DCCCXVIII. CONTENTS. Sec. 1. Territorial legislatures shall not pass local or special laws in certain cases. Sec. 3. Territorial legislatures shall not contract debts in certain cases. Sec. 4. Territorial counties shall not incur debts aggregating more than 4 per cent on the taxable property of the county. Sec. 5. Legislative assemblies not to grant private charters. United States Revised Statutes. Sec. 1890. Religious corporations not to acquire more than $50,000.00 worth of real estate. United States Revised Statutes. Sec. 2004. Right of citizens to vote. 6 COMPUTATION OF THE SCHOOL LAWS Territorial Legislatures Shall Not Pass Local or Special Laws in Certain Cases. "That the legislatures of the territories of the United States now or hereafter to be organized shall not pass local or special laws in any of the following enumerated cases, that is to say: * " * * "For the assessment and collection of taxes for territorial, county, township, or road purposes." * * * "Providing for the management of common schools." * * * "The opening and conducting of any election or designating the place of voting." * * * "Remitting fines, penalties or forfeitures." * * * "Creating, increasing or decreasing fees, per- centage or allowances of public officers during the term of which said officers are elected or appointed." * * "I* "Granting to any corporation or association or individual any special or exclusive privilege, immunity, or franchise whatever." "In all other cases where a general law can be made appli- cable, no special law shall be enacted in any- of the territories of the United States by the territorial legislatures thereof." Sec. 3. — Territorial Legislatures Shall not Contract Territorial Debts Except in Certain Cases Hnumerated. That no law of any territorial legislature shall authorize any debt to be contracted by or on behalf of such territory except in the following cases : To meet a casual deficit in the revenues, to pay the interest upon the territorial debt, to suppress insurrections, or to provide for the public defense, except that in addition to any indebtedness created for such purposes, the legislature may authorize a loan for the erection of penal, charitable or educational institutions for such ter- ritory, if the total indebtedness of the territory is not thereby made to exceed one percentum upon the assessed value of the taxable property in such territory as shown by the last general assessment for taxation. And nothing in this act shall be con- strued to prohibit the refunding of any existing indebtedness of such territory or any political or municipal corporation, county, or other sub-division therein. OP THEi TERRITORY OE NDW MEXICO 7 gee. 4. — Territorial Counties and Other Sub-Divisions Shall not Incur Debts Aggregating More than Pour Percentum on the Value of Taxable Property of Such Sub-Division. That no political or municipal corporation, county, or other subdivision in any of the territories of the United States shall ever become indebted in any manner or for any purpose to any amount in the aggregate, including existing indebted- ness, exceeding four percentum on the value of the taxable property within such corporation, county, or sub-division, to be ascertained by the last assessment for territorial and county taxes previous to the incurring of such indebtedness, and all bonds or obligations in excess of such amount given by such corporation shall be void : That nothing in this act contained shall be so construed as to affect the validity of any act of any territorial legislature heretofore enacted, or of any obligations existing or contracted thereunder, nor to preclude the issuing of bonds already contracted for in pursuance of excess pro- visions of law ; nor to prevent any territorial legislature from legalizing the acts of any county, municipal corporation, or sub-division of any territory as to any bonds heretofore issued or contracted to be issued. Sec. 5. — Legislative Assemblies not to Grant Private Charters, but may by General Incorporation Acts Permit Incorpora- tion of Colleges, etc. That section eighteen hundred and eighty-nine, title twenty- three of the Revised Statutes of the United States be amended to read as follows : The legislative assemblies of the several territories shall not grant private charters or special privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufac- turing, and other industrial pursuits, and for conducting the business of insurance, banks of discount and deposit (but not of issue), loan, trust and guarantee associations, and for the construction or operation of railroads, wagon roads, irri- gating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any other benevolent, charitable or scientific asso- ciation. 8 COMPILATION OF THt SCHOOL LAWS U, S, Revised Statutes. — Sec. 1890. Religious or Charitable Corporations of Associations in Territories Shall not Ac- quire More than Fifty Thousand Dollars Worth of Real Estate. No corporation or association for religious or charitable purposes shall acquire or hold real estate in any territory, dur- ing the existence of a territorial government, of a greater value than fifty thousand dollars; and all real estate acquired or held by such corporation or association contrary hereto shall be forfeited and escheat to the United States; but exist- ing vested rights in real estate shall not be impaired by the provisions of this chapter. U. S. Revised Statutes. — Sec. 2004. Citizens Otherwise Quali- fied not Barred From Voting at Any Election Because of Race, Color or Previous Condition of Servitude. All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any state, territory, district, county, city, parish, township, school district, municipality, or other territorial sub-divisions, shall be entitled and allowed to vote at all such elections, without distinction of race, color or previous condition of servitude : any constitution, law, custom, usage, or regulation of any state or territory, or by or under its authority, to the contrary notwithstanding. FIFTY-FIRST CONGRESS. CONTENTS. Sec. 2275. Sections sixteen and tliirty-six and lieu lands therefor. Sec. 2276. (As Amended) Rules for selection of lieu lands. Sec. 38. Sections sixteen and thirty-six reserved for the Use of the common schools. Fifty-First Congress, Sess. II. — Chap. 384, Sec. 2275. Pre- emption or Homestead Settlements Made Before Survey on Sections Sixteen and Thirty-Six Sub feet to Claims of Their Settlers; If Such Sections Reserved for Schools, Lieu Lands May Be Granted. Territories Entitled to Lieu Lands Where Such^ Sections are Mineral, or Included Within Indian, Military or Other Reservation, or Other- wise Disposed of by the United States. Proviso. Be it enacted * That sections twenty-two hundred and 0^ rut TERRITORY OF NEW MEXICO 9 seventy-five and twenty-two hundred and seventy-six of the Revised Statutes of the United States be amended to read as follows : Where settlements with a view to preemption or home- stead have been, or shall hereafter be made, before the survey of the lands in the field, which are found to have been made on sections sixteen or thirty-six, those sections shall be sub- ject to the claims of such settlers; and if such sections or either of them, have been or shall be granted, reserved, or pledged for the use of schools or of colleges in the State or Territory in which' they lie, other lands of equal acreage are hereby appropriated and granted, and may be selected by said State or Territory, in lieu of such as may be thus taken by preemption or homestead settlers. And other lands of equal acreage are also hereby appropriated and granted, and may be selected by said State or Territory where sec- tions sixteen or thirty-six are mineral land, or are included within an Indian, military, or other reservation, or are other- wise disposed of by the United States: Provided, Where any state is entitled to said sections sixteen and thirty-six, or where said sections are reserved to any Territory, notwith- standing the same may be mineral land or embraced within a military, Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said sections. And other lands of equal acreage are also hereby appropriated and granted, and may be selected by said State or Territory to compensate deficiencies for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever. And it shall be the duty of the Secretary of the Interior, without awaiting the extension of the public surveys, to ascertain and determine, by protraction or other- wise, the number of townships that will be included within such Indian, military or other reservations, and thereupon the State or Territory shall be entitled to select indemnity lands to the extent of two sections for each of said townships, in lieu of sections sixteen and thirty-six therein ; but such selections may not be made within the boundaries of said reservations : Pro- vided, however, That nothing herein contained shall prevent any State or Territory from awaiting the extinguishment of any such military, Indian or other reservation and the restora- tion of the lands therein embraced to the public domain and then taking the sections sixteen and thirty-six in place thereof ; 10 COMPUTATION Oif THK SCHOOI. I.AWS , but nothing in this proviso shall be construed as conferring any right not now existing. Fifty-First Congress, Sess. //.—Chap. 384, Sec. 2276 (As Amended). Rules for Selection of Lieu Lands Where School Sections are Unavailable or Deficient. That the lands appropriated by the preceding section shall be selected from any unappropriated, surveyed public lands, not mineral in character, within the State or Territory where such losses or deficiencies of school sections occur; and where the selections are to compensate for deficiencies of school lands in fractional townships, such selections shall be made in accordance with the following principles of adjust- ment, to-wit : For each township, or fractional township, con- taining a greater quantity of land than three-quarters of an entire township, one section; for a fractional township, con- taining a greater quantity of land than one-half, and not more than three-quarters of a township, three-quarters of a section; for a fractional township, containing a greater quantity of land than one-quarter, and not more than one-half of a town- ship, one-half section; and for a fractional township contain- ing a greater quantity of land than one entire section, and not more than one-quarter of a township, one-quarter section of land : Provided, That the States or Territories which are, or shall be entitled to both the sixteenth and thirty-sixth sections in place, shall have the right to select double the amounts named, to compensate for deficiencies of school land in frac- tional townships. Fifty-First Congress, Sess. II, Chap. 543. — Sec. 38. Sections Sixteen and Thirty-Six Reserved for Support of Common Schools, Unless Mineral in Character. No provision for settlement on or sale of the lands in the various agreements hereinbefore mentioned shall apply to section sixteen and thirty-six thereon, which lands in the States are hereby granted to the State in which they are situ- ated, for the support of the common schools of such State under the limitations prescribed by law, and such sections in the Territories of the United States are reserved from occu- pancy, entry, or sale, under any land law of the United States ; but this provision shall not apply to mineral land which may be disposed of under the laws applicable thereto. OF Tut, TERRITORY OF NE^W MEXICO 11 New Mexico Compiled Laws 1897. CONTENTS. Sec. 128. Turning cattle loose on range occupied by another. Sec. 129. Violation of provisions of preceding section a misdemeanor. Fine applied to the School Fund. See. 130. Each days' violation of Section 128, a separate cause of action. Sec. 138. Estray animals; sale of. Sec. 176. Estray animals at round-ups to be advertised and sold, money going to the School Fund. Sec. 128.— Persons, Companies or Corporations Turning Cat- tle on Range Occupied by Others, Must Ozvn or Possess on Such Range Permanent Living Water, Free and Unfenced, Sufficient for Their Needs. Whenever any person, company or corporation turns loose on any range in this territory, ah-eady occupied or in the possession of another or others by virtue of their having com- pHed with the provisions of section one hundred and twenty- seven, he or they must be the owner or owners of, or must -be lawfully entitled to the possession of some other living, per- manent water upon such range, sufficient for the proper main- tenance of all such additional cattle so turned loose, other than that owned by or lawfully possessed, or lawfully in the pos- session of any other person, company or corporation that may have previously appropriated, stocked, or taken possession of such range in accordance with the provisions of this act; and such person, company or corporation so turning loose cattle upon such range must at all times furnish, supply and main- tain upon such range such other permanent living water free and unfenced and upon the surface of the ground. Sec. 129. — Violation of Provisions of Preceding Section a Mis^demeanor. Fines to he Applied to County School Fund. Any person, company or corporation violating the pro- visions of section one hundred and twenty-eight shall be guilty of a misdemeanor and punishable by imprisonment in the county jail, wherein the offense was committed, for a period not to exceed six months, or by a fine of not less than one hundred dollars nor more than one thousand dollars, which fine shall be applied to the school fund of the county wherein 12 COMPUTATION Olf THE SCHOOIv IvAWS the offense is committed; and such person, company or cor- poration violating such provision as aforesaid shall further be liable to any party or parties injured for all damages which such party or parties may sustain; the same to be recoverable by a civil suit. All fines and costs so assessed and all damages which may at any time be awarded shall be and constitute a lien upon such herd of cattle. Sec. 130. — Each Day's Violation of Provisions of Sec. 128 a Separate Cause of Action. Each day's violation of the provisions of this act shall be and constitute a separate cause of action against any person, company or corporation violating the same. ROUND-UPS. • Sec. 176. — Unclaimed Bstrays at Round-U ps to he Advertised and Sold at Bnd of Year, and Proceeds, Less Fees, to he Paid Into School Fund. Whenever any of the above described animals (strays, etc.) have remained under the charge of any person by the authority of any justice of the peace for the term of one year without any person claiming them, the said justice of the peace, after being informed by the person or persons in charge of said animals, that the same exist, then and in such case he shall, through public notices, fix the day in which said ani- mal or animals are to be sold at public auction for cash to the highest bidder, by the constable of his precinct, the expenses of herding to be paid from the proceeds of such sale as above stated, fifty cents to the justice of the peace for each record, and twenty-five cents for the order to sell the same and the recording of his file, and one dollar to the constable effecting such sale ; the surplus of such sale shall be paid into the school fund by said constable for the use of the same upon a certified list of said justice of the peace. BONDS AND WARRANTS. (Chap. 42, L. 1897.) CONTENTS. Sec. 285. Determination of indebtedness, other than bonded. Sec. 286. Claimants feeling aggrieved, may appeal to district court. or* THS TERRITORY OF NEJW MEXICO 13 Sec. 287. Filing of statement and bond necessary for appeal. Sec. 288. Other steps required of claimant. Sec. 289. District Attorneys to represent County Commissioners and other bodies or boards not provided with counsel. Sec. 2 90. Issue of claimant bonds in lieu of execution. Persons proving claims entitled to coupon bonds therefor. Bonds to bear 6 per cent interest from date of issue. Form of bonds and coupons, how signed and attested. How bonds are registered and recorded. County Commissioners to levy tax to pay annual interest. County Commissioners to levy tax for sinking fund. Funds remaining after payment of bonded indebtedness to be transferred to respective expense funds. Sec. 298. Payment of bonds and interest when due. Sec. 299. Unlawful to contract debts which cannot be paid from money actually collected during that year. Sec. 300. Reduction of fees and salaries of officers. Sec. 301. Officers and creditors to be paid pro rata. Sec. 302. Void indebtedness of Sec. 299 to remain valid. Sec. 303. Payment of claimants. Sec. 304. Current year to begin January first, except that of boards of education, which shall begin September first. Sec. 305. Funds for next current year and for current year. Sec. 306. No bonds to be issued after first Monday in August, 1897, except in case of appeal and judgment rendered. Sec. 291. Sec. 292. Sec. 293. Sec. 294. Sec. 295. Sec. 296. Sec. 297. Sec. 285. — County Commissioners, Boards of Education, Mu- nicipal Officials and District School Directors to Determine Indebtedness of Respective Jurisdictions, Other Than Bonded. Method of Procedure. That after the passage of this act, it shall be the duty of the board of county commissioners of the several counties of the territory, and of the boards of education in all municipali- ties in the territory, the proper officials and representatives of municipal corporations of all kinds whatsoever, and of the school directors of the several school districts in the dif- ferent counties in the territory, to ascertain and determine the amount of the indebtedness other than bonded indebted- ness of the several counties, boards of education, municipal corporations and school districts that may be floating, out- standing, and unpaid, however evidenced. For the purpose of notifying the different creditors that the same will be done and finally passed upon on the first Monday in May, A. D. 1897, it shall be their respective duties to publish or cause to be published in some weekly newspaper in their county for two consecutive weeks, and if there is no weekly newspaper in the county, then in some paper having a general circulation 14 COMPUTATION OF THE SCHOOL IvAWS in the county, a statement to the effect that on the first Mon- day in May, A. D. 1897, proceedings will be commenced for the purpose of ascertaining and determining such indebted- ness, at a place to be named, which shall be the county seat of said county, and that at such time they will continue in session for a sufficient length of time to transact the busi- ness before them. It shall be the duty of the several bodies or boards above named to consider and pass upon the claims of all creditors, as well those not present as those present, either in person or by attorney. Their proceedings shall be made of record in a book provided for that purpose, in wliich shall be entered the names of all creditors, the nature and character of the claim made, and when and in what year the indebtedness was contracted regardless of the time of issuance of any certificate or other instrument of indebtedness or when the amount was approved. The creditor claiming an indebted- ness to be due shall make out his claim in writing stating the nature and origin thereof and when it accrued and shall accompany the same by any instrument of indebtedness, cer- tificate or voucher upon which his claim is based, or an item- ized account, if his claim is based thereon. In the event that any person or persons shall claim to be a creditor of any of the said bodies or boards in this section mentioned, upon in- struments of indebtedness that are lost or after due diligence cannot be produced, he shall file with the clerk or secretary of any one of said bodies or boards, a copy of the instrument lost or unproduced, or a description, in the event a copy can- not be furnished, as near as may be, and such a copy or de- scription shall be taken and passed upon as if the original instrument liad been produced and filed : Provided, He shall file with the said clerk or secretary a bond in double the amount of that mentioned in said instrument, which bond shall be signed by two or more good and sufficient sureties, conditioned to indemnify the said body or board before whom it is produced against any loss by reason of the claimant not being the owner or entitled to the benefit of said instrument or on account of said instrument having been paid, such bond to be approved by said clerk or secretary. On the hearing, any competent testimony may be introduced in support of or in rejection of any such claim, and the said body or board, before whom any such claim is presented shall proceed to pass upon the merits of the case before them and allow or reject such claim as the evidence before them shall warrant. of THE TERRITORY OF NEW MEXICO 15 Sec. 286. — Any Claimant Feeling Aggrieved at Action of Bodies or Boards in Passing on Any Claim, May Appeal to District Court. Any claimant, tax payer or any person or persons inter- ested, feeling aggrieved by any action of any of said bodies or boards before which any claim may have been passed upon, shall have the right to appeal to the district court having juris- diction in the county where the claim is pending, and the same shall be set by the court for hearing at the earliest con- venient date. On the hearing of such appeal the claim shall be tried de nova and an appeal may be had from the district court to the supreme court as appeals ara now allowed in equity cases, except the same must be taken and perfected within sixty days after the decision of the district court. .Sec. 287. — Statements and Bonds Required to he Piled With Clerk or Secretary of Board or Body, in Order to Take Such Appeal. ' To be entitled to take such appeal the person or persons desiring the same shall, within thirty days after the decision of the body or board before whom this claim is presented, file a statement in writing, with a copy of his claim, to the effect, in substance, that he desires the claim to be re-heard by the district court, with the clerk or secretary of said body or board, and in said statement shall set out as fully and clearly as practicable the extent and nature of his claim, the amount claimed, and the amount allowed by the body or board before whom it was presented, giving the time and place of such allowance, and shall at the time of taking such appeal, deposit with the clerk or secretary the sum of one dollar, as a fee to said clerk or secretary, and shall at the same time file a bond to be approved by the said clerk or secretary, with at least two good and sufficient sureties, residents of said county, in the sum of one hundred dollars, payable to the Territory of New Mexico, conditioned that the said person or persons so appealing will prosecute his said appeal with effect and with- out delay, and will pay all costs which may be adjudged against him in the said district court, and said court shall enter judgment against all parties appealing and their respect- ive bondsmen, for the amount of costs assessed against the said parties, if he shall fail in the prosecution of his said ap- peal, or if his said appeal shall not be sustained in said dis- trict court. When the said fee shall have been paid and the 16 COMPUTATION OS' THE) SCHOOI. I^AWS said bonds shall have been filed and approved, as hereinbefore provided, it shall be the duty of the said clerk or secretary, to attach to said application for appeal, a certificate that the same is a true copy of the matter submitted before the body or board of which he is the clerk or secretary, and was passed upon by the said body or board, giving the day and date thereof, and shall transmit therewith all papers that may have been filed in said cause. Sec. 288. — Other Steps Required of Claimant Before Case is Docketed by Clerk of District Court. The claimant in order to perfect his appeal shall, within ten days, file the certified copy hereinbefore mentioned, in the of^ce of the clerk of the district court, and shall at the time of said filing, pay unto the said clerk, a fee of two dollars and fifty cents for the filing thereof. Any tax payer or person or persons interested, and entitled to an appeal, as provided for- herein, shall be styled intervener, or interveners and shall per- fect such appeal in the same way and manner so far as appli- cable as hereinbefore provided for, for appeals by any claimant, and the district court in its discretion may require of any and all parties appealing, bonds for costs and other things besides those mentioned herein, such as may unto him seem fit and proper to efifectively carry out the intent of this act. Imme- diately upon the filing of the said certified copy and the re- ceipt by him, of the said fee, the clerk shall docket the said appeal as other cases are docketed and upon motion the same shall be set down for hearing by the judge of said district court, and heard in vacation or term time, as the court shall deem proper. Immediately upon the docketing of the said appeal it shall be the duty of the said district clerk to officially notify all. parties interested, so far as the same is convenient, and shall notify the clerk or secretary certifying to the copy hereinbefore described, all which notices shall either be de- livered in person by said clerk of the district court or shall be by him immediately sent through the mail by registered letter, and the cost of such registration shall be paid by the clerk of the district court out of the money herein required to be paid to him as a docket fee. Sec. 289. — District Attorney to Represent County Commis- sioners and Other Bodies or Boards not Provided With Counsel. It shall be the duty of the district attorney of any county, OF THE) TERRITORY OF N^W Mi;xlCO 17 before the board of county commissioners Of which any such claim as herein provided is brought, to represent in the district court said board of county commissioners, at the hearing of the appeal herein provided for, and the fees allowed him by law shall be his compensation for such services. Said district attorney shall also represent in the said district court any other body or board, herein described, not otherwise provided by law with a legal adviser. Sec. 290. — When Judgment on Appeal Has Been Entered by Clerk of Court, the Board or Body Shall Issue Claimant Bonds in Lieu of Bxecution. After the hearing on appeal by the said district court, a judgment upon said appeal shall be entered up by the clerk of the district court, and said clerk shall, under the seal of said court, certify the amount of said judgment to the clerk or sec- retary of the body or board from which the appeal was taken, and on the date herein provided, it shall be the duty of the said body or board to issue to the said claimant or apptillant, in lieu of execution, the bonds as hereinafter provided. Sec. 291. — Persons Proving Claims are Entitled to Coupon Bonds Therefor. It shall be the duty of the board of county commission- ers of the several counties in this territory, and also that of boards of education, school districts and all municipal corpora- tions of whatsoever kind or class, to issue coupon bonds of said county, board of education, school district or municipal corporation, of whatever kind or class, and they are hereby respectively authorized and empowered to issue said bonds to any claimant proving to be such for the amount and in the manner hereinbefore provided. Sec. 292. — Bonds to he Issued for Amount Adjudged Claim- ant, and to Bear Six Per Cent. Interest Prom Date of Issue. Principal and Interest When and Where Paid. The bonds provided for in section two hundred and ninety- one shall be issued on the first Monday of August, 1897, and shall be of the amount adjudged to be due any claimant, and shall bear interest at the rate of six per centum per annum from the date of issue, and such interest shall be payable on the first day of July and January of each year, after the date of issue. The principal and interest accruing on said bonds 18 COMPUTATION OF THE SCHOOI. I.AWS shall be payable at the office of the treasurer of the body or board issuing said bonds, and all such bonds shall be payable at the option of the body or board issuing the same in ten years from the date thereof, and shall be absolutely due and payable twenty years after the date thereof. Sec. 293. — Form of Bonds and Cotipons; Hozv Signed and Attested. All bonds issued under the provisions of this act shall be numbered consecutively beginning with number one, and shall be signed by the chairman of the board of county com- missioners, and attested by the probate clerk under the seal of the county, if the bond be issued for any county indebtedness, and shall be signed by the mayor of any municipal corporation and attested by the clerk of said corporation under his official name, whatever it may be, and the seal of the said corpora- tion, if the bond be issued in payment of any indebtedness of any municipal corporation; and said bonds shall be signed by the chairman or president of the board of education, in the event that the said bonds are issued in. payment for any in- debtedness due by any such board of education, and. shall be signed by the chairman and attested by the clerk of the board of school directors of any school district, in the event that the same are issued in payment of any indebtedness due by any such school district. The board of county commissioners, board of education, officials of municipal corporations and school districts shall prescribe the form of such bond, and all. coupons attached to said bonds shall be signed and attested in the same manner as the bond itself, and the coupons at- tached to each bond shall bear the same number as the bond to which they are attached, and shall show the date and maturity of said coupon bonds. Sec, 294. — Hozv Bonds Shall be Registered and Recorded. The county commissioners of each county, -members of boards of education, and officials of municipal corporations, and directors of any school district, issuing bonds under the provisions of this act, shall provide a book and shall register therein in the order that said bonds are issued, the date and amount of each bond so issued, the person or persons to whom issued and the date when the same will become due, and there shall likewise be kept a record of all bonds at any time taken up and paid, together with the record of all "coupons paid ; such 0? The: te;rritory of new mdxico 19 record shall be kept by the treasurer of such body, or board, and it shall be his duty to certify that such bond or bonds have been regularly issued according to the provisions of this act. Sec. 295. — Boards of County Commissioners to he Notified on or Before First Monday in May of Amount Required to Pay Interest on Bonds. Levy to he Made Therefor and to he Kept Separate. Duties of County Assessor. It shall be the duty of the board of education, trustees of towns, mayor and town council of towns and mayor and city council of cities to ascertain and notify on or before the first Monday in May of each year, the board of county com- missioners of the amount required to pay the interest on the bonds issued by them respectively; and it shall be the duty of the county commissioners of each county in the territory to levy each year, at the time of the making of the levy for other taxes, a tax sufficient, and no more, than is sufficient, to pay the annual interest, accruing on any and all bonds issued under and pursuant to the provisions of this act. The taxes raised by means of such levy shall be kept separate and apart from other taxes and shall be paid in lawful money of the United States and shall be used exclusively for the payment of the interest on the bonds which shall have been issued according to the provisions hereof. ■ The county assessor, in making his regular assessment of property situate within the limits ol any incorporated town, city, school district or other municipality shall include any and all property of whatsoever kind and character situate therein and for the purposes of this act personal property of every description shall be assessed and taxed in the place of its location on the first day of March of each year. See. 296. — After ipo/ County Commissioners Shall Annually Levy Taxes of From Ten to Tzventy Per Cent, of Bond Issue for Sinking Fund. How Bonds are to he Redeemed. After the expiration of the year 1907, and annually there-- after until paid, the county commissioners of each county, shall provide a sinking fund by taxation and shall annually levy a tax equal to at least ten per cent., and not greater than twenty per cent., of said bonds issued under the provisions hereof, and whenever funds to the amount of one thousand 20 COMPUTATION oif The; schooIv IvAws dollars shall have come into the hands of the county treasurer for county or school district indebtedness, or shall have come into the hands of the treasurer of any board of education, or into the hands of any city or town treasurer, from the fund in this section provided for, such treasurer shall give notice by publication once a week for at least four consecutive weeks in some newspaper of general circulation in the county, that upon presentation of certain bonds, designing them by number, date and amount, he will pay the same, and interest on any such bond advertised as aforesaid shall cease thirty days after the last publication herein provided for, and any and all bonds shall be called for redemption in the order of their number, beginning with number one. Sec. 297. — Funds Remaining After Payment of Bonded In- debtedness to he Transferred to Respective Expense Funds. Any and all funds remaining in the hands of any of the treasurers named in this act on account of any money collected to pay any of the bonded indebtedness herein provided for, after the redemption and payment of any and all outstanding bonds, issued under the provisions hereof, shall be transferred to the current expense fund of the county, city, town, board of education or school district as the case may be. Sec. 298. — Bonds and Interest When Due and Presented to he Paid From Moneys Collected for That Purpose. Hozv Can- celed. When Turned Over to Proper Authority, to he Pre- served Tiventy Years. Whenever any bond, or bonds, or the interest thereon, issued pursuant to the provisions of this act, shall become due and shall remain unpaid, on presentation to the treasurer of the county, city, town, board of education or school district, as the case may be, where said bonds were issued, such bonds or the interest thereon shall be immediately paid by such treas- urer out of moneys in his hands collected for that purpose, and when any such bonds or the coupons thereon have been so paid he shall mark the same on the face thereof in red ink, "canceled and paid," showing date of payment and signing his official name thereto, and at each and every settlement made and had by such treasurer with the proper official provided by law for such purpose, he shall turn over to the proper authority any and all bonds and coupons so redeemed and canceled by him, all of which said bond or bonds, coupon or 0^ The: te:rritory o^ new mexico 21 coupons so canceled shall be carefully preserved for a period of twenty years from the date of cancellation. Sec. 299. — Urilazv fill for County Commissioners, City Council, Tozvn Trustees, Boards of Hdiication, etc., to Contract any Debt for any Year Which Cannot be Paid from Funds Actually Collected During Such Current Year. Officers Using Funds Belonging to One Year for any Purpose Other Than Paying Expense of Such Current Year, Guilty of Misdemeanor and Liable to Fine. From and after the date of the passage of this act it shall be unlawful for any board of county commissioners, city council, town trustees, board of education, board of trustees, or board of school directors of any school district, for any purpose whatever to become indebted or contract any debts of any kind or nature whatsoever during any current year which, at the end of such current year, is not and cannot then be paid out of the money actually collected and belonging to that current year, and any and all kind of indebtedness for any current year which is not paid and cannot be paid, as above provided for is hereby declared to be null and void, and any officer of any county, city, town, school district or board of education, who shall issue any certificate or other form of approval of indebtedness separate from the account filed in the first place or who shall, at any time, use the fund belong- ing to any current year for any other purpose than paying the current expenses of that year, or who shall violate any of the provisions of this act, shall be deemed guilty of a misde- meanor and upon a conviction thereof shall be fined not less than one hundred nor more than one thousand dollars or be confined in the county jail for a period of not more than six months or by both such fine and imprisonment, in the discre- tion of the court trying the case. Sec. 300. — Fees, Salaries and Perquisites of Officers to he Re- duced if Funds Collected Insufficient to Pay Same in Fidl. All fees, salaries and perquisites of the different officers of the several counties, cities, towns, boards of education, school districts, district attorneys and any and all other officers shall be reduced in the event there is an insufficient collection of money with which to pay them as provided by law for their services in any current year so that there shall 22 COMPILATION 01^ THE SCHOOIv I.AWS be no violation of the provisions in this act as to incurring in- debtedness for any current year over and above the money actually collected for that current year. Sec. 301. — When Collections for Current Year Insufficient to Pay in Full, Then Officers and Creditors to be Paid Pro Rata. Provision as to Quarterly Division of Accounts. Expense of Boarding City Prisoners to be Paid in Full Quarterly Before Fees and Salaries are Paid. (As amended.) In the event that there is an insufficient amount of money collected during any current year with which to pay for the services, fees, and salaries of the several officers mentioned in section three hundred, then and in that event the said officers and all creditors shall receive in full, payment of their respective claims each his pro rata share of the money collected, and the payment of said pro rata part shall be made quarterly between all officers an^i creditors and in the event of an insufficient amount of money to pay in full for any one quarter the officers and creditors remaining unpaid shall not be paid that amount until the salaries and expenses of the next succeeding quarter or quarters shall have been paid, and in the event all the officers and creditors of any one quarter shall have been paid in full and there then remains any money for the current year, the same shall then be distributed pro rata among the said officers and credit- ors, Provided, That all the actual expenses for boarding county prisoners shall be paid in full before any bill, fees or salaries are paid and before any pro-rate is made, and such expenses may be paid at the expiration of each and every quarter. Sec. 302. — Void Indebtedness of Sec. 2pp to Remain Valid for Sole Purpose of Afterwards Collecting Money Belonging to Such Year. Such Collections to be Pro Rated Among Indebtedness Creditors. Surplus to be Converted Into Fund for Next Succeeding Year. The void indebtedness mentioned in section two hundred and ninety-nine shall remain valid to the extent and for the sole purpose of receiving any money which may afterwards be collected and belongs to the current year when they were contracted, and the collection thereof, when made, shall be distributed prorata among the creditors having the void indebt- edness, and in the event all of the valid and void indebtedness OF THE TERRITORY OE NEW MEXICO 23 of any current year are paid in full and there is money for that current year remaining the sum shall be converted into the fund for the next succeeding current year. Sec. 303. — Boards of County Commissioners in Making Quar- terly Payments Shall Pay Claimants Amount Allowed by Board Unless Claimant Appeals and is Allowed Larger Sum by Court. In the event any claimant, during any current year, should appeal from the board of county commissioners, as now provided for by law, from the amount allowed him by such board, the commissioners, in making their quarterly payments as above provided for, shall estimate and allow such claimant the amount allowed him, and in the event the court should allow such claimant a larger sum than was allowed him by the board of county commissioners the amount so allowed by the court shall be considered and paid as above provided for at the next quarterly settlement after such decision of the court. Sec. 304.-^CtLrrent Year to Begin ist of January, Except That for Boards of Education and School Districts it Shall begin 1st of September of Each Year. The current year for the purpose hereof shall begin on the first day of January and end on the last day of December of each year, except that the current year for boards of education and school districts shall begin on the first day of September of each year and end on the last day of August of the next year. Sec. 305. — Money Collected, or That Should be Collected, From Tax Rolls for County Purposes, Except Special As- sessments, to Constitute Fund for Next Current Year. All Other Money Collected to Belong to Current Year. All moneys collected from the tax roll of any one year for county purposes or that should have been collected for that year for such purpose, whether it was placed on the tax roll or not, except moneys collected for that year from assess- ments made for some special purpose, shall constitute the fund for the next current year, and all moneys other than those collected from the tax rolls, or that should have been on the tax rolls, that are collected during any current year and have 24 COMPIIvATlON OF' THE) SCHOOIv LAWS not by law been placed as belonging to some particular general county fund shall go to and be a part of the fund for the current year in which the same are collected. Sec. 306. — No Bonds to be Issued After ist Monday in Au- . gust, i8p/y Except in Case of Appeal and Judgment Ren- dered. No bonds shall be issued after the first Monday in August, 1897, except when an appeal, as has hereinbefore been provided for, has been taken, and whenever the appeal shall have been finally passed upon by the district court or the supreme court if the, same shall have been taken to the supreme court, and final judgment shall have been rendered and the same have been certified to and sent to the proper body or board, in that event bonds may be issued for the amount rendered in favor of any person or persons including the cost if the same has not otherwise been paid; Provided, That nothing in this act shall prohibit the issuance of any bonds as heretofore and now provided by law. (See Funding Act, 1895, Sections 307-316.) FUNDING ACT, 1893. CONTENTS, Sec. 319. Holders of warrants issued by County School Superintend- ents prior to Feb. 26, 1891, may bring suit to adjust and determine the same. Se<3. 320. Warrant holders may unite as plaintiffs in suit. Sec. 321. How county shall be described in suit, and process served. Sec. 322. Proceeding to be same as ordinary chancery cases. Sec. 323. Issue of bonds to satisfy warrant holders obtaining judg- ment. Form of bond. Sec. 3 24. Costs of suit. Complainant losing suit to pay all costs. Whereas, Prior to the passage of the present school law of the Territory of New Mexico, in several counties of said Territory the expense of the schools has been paid by school superintendents of the county drawing warrants upon the county treasurer, instead of the fund being distributed among the different districts of the county and the warrants being drawn upon the district treasuries; and Whereas, County treasurers have refused to pay many of said warrants which are alleged to have been given in good OF THE) TERRITORY OP' NEW MEXICO 25 faith for services actually rendered and supplies actually fur- nished said schools; and Whereas, The holders of said warrants are practically with- out any remedy for collection of the same or any part thereof; Be it enacted by the Legislative Assembly of the Territory of New Mexico : Sec. 319. — Holders of Warrants Issued by County School Su- perintendents Prior to February 26, i8pi. May Bring Suit to Adjust and Determine Same. That the holders of any school warrants in this territory, issued by county school superintendents prior to the 26th day of February, A. D. 1891, be and they are hereby author- ized to bring suit in the district court for the county in which said warrants were issued against the school districts and the county for the purpose of adjusting and determining the genuineness of said warrants and the fact that the same were issued for services actually rendered or supplies actually fur- nished for the use of the schools of said county. Sec. 320. — Warrant Holders May Unite as Plaintiffs in a Suit Against Both the County and all School Districts Thereof as Defendants, for an Accounting. The District Attorney Shall Defend Same With, or Without, Aid of Assistant , Counsel. Any part or all of said warrant holders may unite in the same suit as complainants and both the county and all the school districts thereof shall be made defendants in such suit, and such suit shall be brought on the chancery side of the court in the nature of a bill in equity for an accounting, and the district court shah take jurisdiction of the same and it shall be the duty of the district attorney to appear and defend said suits for the county and the school districts or either or any of them shall be allowed to employ additional counsel. Sec. 321. — How County Shall be Described in Suit and Process Served. The county shall be described as the board of county commissioners and process shah be served upon said board as now provided by law, and the process upon the school dis- tricts shall be served by delivering a subpoena or summons issued as in ordinary cases upon the school superintendent 26 COMPIIvATlON Olf the: SCHOOIv I.AWS of the county and the respective chairman of the school boards, whose duty it shall be to at once notify the proper district attor- ney, who shall enter his appearance in answer to said subpoena or summons and defend such suit as hereinbefore provided. Sec. 322. — Proceedings to be Same as Ordinary Chancery Cases. Amount of Judgment Rendered to be Paid Out of Proper Funds. If Fund Insufficient, Tax to be Levied Therefor at Proper Time. I The proceedings in said cause shall "be the same as in ordinary chancery cases, and upon a statement of account by the master in chancery, a decree shall be rendered therein determining the amount of such indebtedness, who is entitled to receive the same, whether the original person to whom said warrants were issued or by whom said services were ren- dered, or supplies furnished, or the assignee thereof, and how much the holder thereof is lawfully entitled to receive for the same, and thereupon a decree or judgment shall be ren- dered in favor of said persons for the amount of the indebted- ness so claimed against the county or district liable; and the amount of such decree shall be paid out of the county school fund where the warrant is a county debt, or out of the proper district fund where the warrant represents a district indebt- edness, and if the same are insufficient to pay such indebted- ness, it shall be the duty of the county commissioners or district school directors to levy a sufficient tax at the time the general taxes are levied and cause the same to be levied in like manner and at the same time that general taxes are collected for the purpose of satisfying ancl paying off such decree or tax. Sec. 323. — Warrant Holders Obtaining Judgment May Accept Six Per Cent. Bonds in Satisfaction Thereof, and County Commissioners Authorized to Issue same. Form of Bond. Warrant Holders May Combine so as to Receive Bonds in Multiples of $100. County Commissioners to Annually Levy Special Tax for Interest and Redemption. The holders of any such warrants who may procure any such decree in their favor may at their option accept bonds, interest bearing obligations, to bear interest at the rate of six per centum per annum, and due in ten years, payable in five years, in satisfaction of such indebtedness, in lieu of causing Oif th^ Territory op new mdxico 27 the amount thereof to be levied and collected as provided for in the foregoing section. That whenever a decree has been rendered or may here- after be rendered under the provisions of this act, in favor of the holders of any such warrants, decreeing that the same shall be paid out of the general school fund of a county, and the holders of such warrants shall signify to, the board of county commissioners of such county, their willingness to accept bonds in satisfaction thereof, the county commissioners of such county shall be, and they are hereby authorized and empowered to issue bonds in favor of the holders of such warrants to the amount of such decree. Said bonds shall be made payable by their terms out of the general school fund of the county, absolutely, within ten years after the date thereof, and shall be payable at the option of the county at any time after five years from the date thereof; and shall bear interest at the rate of six (6) per cent, per annum, pay- able semi-annually, and shall have coupons for said interest attached thereto. And said bonds and coupons when pay- able, upon presentation to the county treasurer, shall be paid out of the general school fund of said county before any dis- tribution of the same shall be made to the different school districts thereof or any board of education in such county. The said bond shall be executed by the chairman of the board of county commissioners and the county clerk and attested by the seal of said board, and shall be substantially in the following form : SCHOOL FUND BONDS. Number.. County Dollars Know all men by these presents, that County of Territory of New Mexico, acknowledges to owe, and prom- ises to pay the bearer, out of the general school fund of said county, dollars, lawful money of the United States, for value received, redeemable at the pleasure of said county after five years, and absolutely due and payable ten years from the date thereof, at the ofhce of the treasurer of said county, with interest thereon at the rate of six (6) per cent, per annum, payable semi-annually, on the first days of and of each year, upon the presentation and surrender of the annexed coupons as they severally become due, and payment of the principal to be made in accordance with the terms hereof, upon the surrender of the bond itself. 28 COMPILATION OF The; SCHOOIv IvAWS This bond is issued in pursuance of an act of the legis- lative assembly of New Mexico entitled "An act to adjust and settle certain outstanding school indebtedness in the different counties of the Territory of New Mexico," approved February 23rd, 1893, and an act entitled "An act in amend- ment of said act," approved day of A. D. 1895. And the same has been issued in strict conformity with said acts and for the purpose therein expressed. In witness whereof, the board of county commissioners of the said County of , Territory of New Mexico, has caused this bond to be signed by its chairman and attested by the probate clerk, he being ex-officio clerk of the said board of county commissioners at the county seat of said county, this day of , A. D. 189 Chairman board of county commissioners. Attest : Probate Clerk and ex-ofhcio clerk of the board of county commissioners. The coupons shall be numbered consecutively and be in substance as follows : . The County of promises to pay to bearer, out of the general school fund of said county, at the office of the treasurer of said county, on the first day of ..! , A. D. 189 , the sum of dollars, being for six months interest on bond numbered , issued under the provisions of an act of the legislative assembly, entitled "An act to adjust and settle certain outstanding school in- debtedness in the different counties of the Territory of New Mexico," approved February 23rd, 1893, and an act in amend- ment thereof. Issued on the day of. , A. D. 189. Chairman of the board of county commissioners. Attest : Probate clerk and ex-officio clerk of said board. That any two or more of the holders of such warrants entitled to receive bonds under the terms of such decree, may join the amounts for which they are entirtled to so receive oE" The territory oe new mExico 29 bonds, and take bonds for the aggregate amount due to them; in order that said bonds may, as far as possible, be issued in the sum of one hundred dollars and multiples thereof. It shall be the duty of the county commissioners, after issuing such bonds, to levy each year at the time the general taxes are levied for school purposes, a special tax upon all property subject to taxation for school purposes in such county, sufficient to pay the interest on said bonds and create a sinking fund for the redemption thereof, in accordance with the provisions of .this act and the terms of said bonds. Sec. 324. — Costs of Suit, Bx elusive of Attorney's Fees (hut Including District Attorney Pees), to he Divided Betzveen Complainants and Defendants. Complainant Losing Suit to Pay All Costs. The costs of any such suit authorized by this act shall be divided equally by the court between the complainants in such suit and the defendant, not including attorney's fee, but including the fees of the district attorney, who shall be allowed such reasonable compensation as the court may in its discretion fix, not to exceed five per cent, of the amount recovered or involved in the suit : Provided, however, That if no judgment or decree should be rendered in favor of the complainant or complainants, then the whole of the costs of such suit shall be paid by the complainant or complainants. Section 325. This act shall apply to suits now pending or any which may be hereafter brought. (See "Issuance of Current Expense Bonds," Sections 326-331). :"f^ (See "Funding Act, 1891," etc., Sections 332-338). (See "Funding Act, 1891," etc., Sections 340-348). (See "Funding Act, 1889," etc., Sections 366-376). 30 COMPUTATION OS" The: school laws TO FUND SCHOOL INDEBTEDNESS. . CONTENTS. Sec. 379. School directors authorized to issue bonds. Sec. 380. County Commissioners to levy tax for payment of interest. Sec. 381. School directors to notify County Commissioners of bond issue. Sec. 3 8 2. School directors shall not incur indebtedness in excess of amount allowed by law. Sec. 379. — Directors of School Districts Authorized to Issue Bonds in Payment of Indebtedness Heretorofe Incurred in Any District for a Public School Actually Taught Under Contract Made With Directors. Such Bonds to Bear Six Per Cent, and have no Coupons. Where any indebtedness has heretofore been incurred or created in any school district for a public school, which has been actually taught under a contract made with the directors of such school district, and the said indebtedness, or any part thereof, now remains due and unpaid, the directors of such school district are hereby authorized and required to issue the bonds of such district in payment for the amount of such indebtedness so remaining due and unpaid, and said bonds shall be dated the day of their issue, shall bear interest at the rate of six per cent, per annum from the first day of March, A. D. 1889, and said interest shall be payable annually; such bonds shall be payable in ten years from the date thereof, and shall be in the form of an ordinary bond for the payment of money, and may be either written or printed or either part printed and part written, but no coupons for interest shall be attached thereto. Such bonds shall be issued in such amounts as shall be agreed upon, not exceeding the total amount of the indebtedness, and shall be signed by the members of the board of school directors, or a majority of them as constituting such" board, but such signatures shall not have the effect to make the members of such board personally responsible for the bonds so signed. Sec. 380. — County Commissioners to Levy Tax at Regular ■ Time to Pay Interest and One-Tenth of principal, which County Treasurer Shall Use to Pay Interest and Reduce Principal. No Fees to be Paid Assessor or Collector ■ Therefor. It shall be the duty of the board of county commissioners of each county, when the taxes for general purposes are OF The: te:rritory of' new mexico 31 levied in each year, to levy a tax on all the taxable property in any school district where bonds may have been issued in accordance with the previous section of this act, sufficient in amount to pay all the interest falling due on such bonds on the first day of March following, and also to pay one- tenth part of the original principal of said bonds, which levy shall be collected by the collector, when he collects the general taxes for the territory and counties, and shall be paid over by him to the treasurer of the county, who shall, on the first day of March in each year, or as soon thereafter as he re- ceives the same, pay off therewith the interest due on said first day of March on said bonds, and also pay the remainder so received by him to the holders of bonds in reduction of the principal thereof until such bonds shall be fully paid, and all payments made by him shall be endorsed upon such bonds. Nothing shall be paid to the assessor or collector on account of the assessment, levy or collection of such taxes herein provided to be levied and collected. Sec. 381. — Board of School Directors Issuing Such Bonds to Notify County Commissioners of Amount, Number and Date, and to Whom Paid. County Commissioners to Reg- ister Same, and Annually When Making Levy to Ascertain Amount of Such Bonds Paid and Still Due. It shall be the duty of every board of school directors who may issue any bonds provided for by this act to imme- diately notify the board of county commissioners of their county of the ^amount, number and^date of any such bond, and the name of the person to whom issued, which said board of county commissioners shall cause the same to be regis- tered by the clerk of said board of county commissioners, and they shall, each year, ascertain from the treasurer at the time of making the levy provided for in the last preceding section of this act and from any other available source, the amounts paid on such bonds so as to ascertain the amount to be levied annually on account of the interest and principal of said bonds in accordance with the provisions of this act. Sec. 382.- — School Districts Shall Not Incur Indebtedness in Excess of Amount Allozved by Lazu, but Any Heretofore Incurred in Good Faith on Account of Schools Actually Taught to be Valid and Binding. Hereafter no school district shall incur any indebtedness 32 COMPILATION OJ" THIJ SCHOOIv LAWS in excess of the amount allowed it according to law for school purposes, and all indebtedness incurred in excess there- of shall be absolutely illegal and void; but all indebtedness heretofore incurred in good faith for, and on account of schools actually taught, are hereby declared to be valid ancl binding upon such school district : Provided, Such indebted- ness is now past due and unpaid, and only such as was incurred for teachers' wages shall be valid and binding. (See "Funding Act, 1887," Sections 384-388). (See "Casual Deficit and Refunding Bonds," Sections 397-398). (See "Bonds for Territorial Institutions," Sections 398a-398m). WARRANTS. CONTENTS. Sec. 399. Countj^ warrants, drafts, checks or orders, if lost or de- stroyed, may be duplicated. Sec. 400. Claimants must prove loss or destruction and file bond. Sec. 401. Territorial treasurer to present to the Governor and Audi- tor all warrants paid by his office. Sec. 402. Treasurer to burn all warrants in presence of Governor and Auditor. Sec. 403. Annual presentation of paid warrants by treasurer. Sec. 404. Quarterly call of warrants for payment. Sec. 405. County officers not to speculate on county or territorial in- debtedness. Sec. 406. Town or city officials not to speculate on indebtedness. Sec. 407. Penalty for violating provisions of Sections 405 and 406. Sec. 408. In case of conviction, office declared vacant. Sec. 410. Charge of grand juries regarding this act. Sec. 399. — Territorial or County Warrants, Drafts, Checks or Orders for Payment of Money out of Territorial Treasury, if Lost or Destroyed, May he Duplicated. In case of the loss or destruction of any warrant, draft, check, or order for the payment of money )ut of the treasury of the territory, or of any county, drawn by any officer author- ized by law to draw the same, the ofificer who drew the same, or his successors in office, may, and he or they are hereby authorized, to draw in favor of the party to whom such war- rant, draft, check, or order was issued, a duplicate of the same, as provided in the succeeding section. OF The: territory of new Mexico 33 Sec. 400. — Claimant Must Prove Loss or Destruction of Ori- . . ginal and File Bond for Amount of Original Plus Costs and Expenses. Before any duplicate shall bt issued as provided in the foregoing section, the party applying for the same shall prove to the satisfaction of the. officer authorized to draw such dupli- cate, that the original warrant, draft, check, or order, has been lost or destroyed, and shall file with such officer a bond, to his satisfaction, to the territory or county, as the case may be, in a penalty sufficient to cover the amount of such original war- rant, draft, check, or order; and all costs and expenses that may accrue by reason of the premises, conditioned to reimburse and save harmless the territory or county from all loss in con- sequence of the loss of such warrant, draft, check, or order, and the issuing of such duplicate. Sec. 401. — The Territorial Treasurer Shall Present to the Gov- ernor and Auditor All Warrants Paid hy His Office, and Make Out Three Descriptive^ Lists Thereof, One Bach for the Secretary, Treasurer and Auditor. (As amended.) Within twenty days after the passage of this act, it shall be the duty of the territorial treasurer to pre- sent to the governor and auditor of public accounts, in the office of the first, all the warrants that have been -paid by him, or by his predecessors in office under his charge, and were paid before the 9th of December, 1854. This being done it shall be the duty of the territorial treasurer to make out three complete descriptive lists of said warrants, giving the date, sum and amount, and number of each, and to whom payable, and by whom paid ; one of said lists shall be deposited in the office of the secretary of the territory^ one shall be delivered to the treasurer, and the other filed in the auditor's office. Sec. 402. — The Treasurer to Burn All Warrants in Presence of Governor and Auditor. Descriptive List Witnessed hy Governor and Auditor to he Evidence of Amount of IVar- rants Destroyed. It shall be the duty of the treasurer to burn all of said warrants, in the presence of the governor and auditor of ac- counts; and after the said descriptive lists be signed by the governor "and auditor of accounts as witnesses, they shall be 34 COMPILATION OF THE SCHOOL LAWS evidence for the treasurer of the amount of the warrants de- livered and destroyed by him. Sec. 403. — The Treasurer Shall Annually Betzveen December 1st and i^th Present All IVarrants, Coupons and Other Evidences of Indebtedness Paid Since Last Were Burned, and Proceed as in Sections 401 and 402 Required. (As amended.) Between the 1st and 15th of December in each year it shall be the duty of the treasurer, in the same manner, to present all the warrants, coupons and other evi- dences of indebtedness that may have been paid after the date that the last were burned, and the same proceeding shall be practiced as before ordained, and the lists of the warrants, cou- pons and other evidences of indebtedness destroyed shall have the same effect as expressed in section four hundred and two. Sec. 404. — Territorial Treasurer Shall Quarterly Publish Notice Calling Warrants for Payment, if He Has Over $500 on Hand for Their Redemption. It ^hall be the duty of the territorial treasurer at the end of each quarter of the fiscal year, when there are funds on hand for the redemption of outstanding warrants in excess of five hundred dollars, to publish a notice in some ncAvspaper pub- lished at the capital that he has funds on hand to pay warrants up to a certain number and date, and calling said warrants for payment, and interest shall cease on all warrants so called at the expiration of ten days from the date of such notice. Sec. 405. — Unlawful ■ for County Oificcrs to Buy, Sell or Speculate in Territorial or County Evidences of Indebted- ness, Unless Same is for Salary of, or Supplies furnished by Such County Officer. That from and after the passage of this act it shall be un- lawful for any county commissioner, sheriff, treasurer, asses- sor, probate judge, probate clerk or any other person who, as principal or deputy, holds any county office in any county of this territory, to either directly or indirectly, buy, sell, barter, deal in or speculate in or with any certificate, warrant, or other evidence of indebtedness issued by such county or by the Territory of New Mexico, except such certificate, warrant or other evidence of indebtedness shall have been lawfully issued oi' th^ te;rritory of n£w mdxico 35 to such person in payment of his salary or in compensation for services rendered by such person or for suppHes furnished by him to such county or territory. Sec. 406. — Unlawful for Toivn or City Officials to Buy, Sell or Speculate in Tozvn or City Evidences of Indebtedness, Unless Same is for Salary of, or Supplies Furnished by, Such Tozvn or City Official. That from and after the passage of this act, it shall be unlawful for any mayor, councilman, collector, marshal, clerk or other person holding any office or appointment in and for any incorporated city or town in this territory to either directly or indirectly buy, sell, barter, deal in or speculate in or with any certificate, warrant, or other evidences of indebtedness of such incorporated city or town, except such certificate, warrant or other evidence of- indebtedness shall have been lawfully issued to such person in payment of his salary or in compensa- tion for service rendered by him or for supplies furnished by him to such incorporated city or town. Sec. 407. — Persons Violating Provisions of Section 405 and 406 to be Fined and Imprisoned, Removed From Office and Disqualified for Five Years From Holding Office of Trust or Profit. Any person who shall violate any of the provisions of the two preceding sections shall, upon conviction thereof by any court of competent jurisdiction, be punished by a fine of, not less than five hundred dollars, and not more than one thou- sand dollars, and by imprisonment not less than one month and not more than six months in the county jail, at the discretion of the court trying the cause, and, in addition thereto, the per- son so convicted shall be removed from office and shall, for five years thereafter, be disqualified from holding any office of trust or profit ujider the laws of this territory. Sec. 408. — When County or Municipal Officers are Convicted Under This Act, Clerk of District Court Shall Make Record of Same, and Serve Copy on County Commissioners or Proper Board. Office Then to be Declared Vacant. Upon the conviction of any county or municipal officer under the provisions of this act, it shall be and it is hereby made the duty of the clerk of the district court in which such 36 COMPILATION 01^ the: schooIv laws person was convicted to make record of the conviction of such person in the records of said district court, and to immediately serve or cause to be served upon the board of county com- missioners of the county in which the person so convicted was an officer or upon the board of councilmen of the incorporated town or city of which such person was an officer, as the case may be, a certified copy under the seal of said district court of the record of the conviction of such person so convicted, and thereupon the person so convicted shall cease to be an officer of said county or incorporated city or town, and the office held by him shall be vacant and thereupon such vacancy shall be filled as now provided by law, and said certified copy of the conviction of such person shall be immediately recorded in the records of such county or of such incorporated city or town. Sec. 410. — Grand Juries to he Charged Regarding this Act. Section 409. " (This section relates only to clerks of 'district courts and deputies). That this act shall be especially given in charge to the grand jury at each and every term of the district courts held in this territory. CORPORATIONS. CONTENTS. Organization of literary, scientific and other societies. Cleric of organization to make record of meeting and certify same to probate clerk for record. Trustees or directors to have perpetual succession. Society may elect officers and make by-laws. Vacancies in Boards of trustees or directors. Provisions for organizing corporations for religious or char- purposes, etc. Organizers to be body corporate. Corporation to then have usual corporate powers and privi- Copy of by-laws to be filed with Territorfal Secretary. Real estate of corporation not to be sold or mortgaged without consent of Supreme Court. Sec. 457. Sec. 458. same Sec. 459. Sec. 460. Sec. 461. Sec. 462. itable Sec. 463. Sec. 464. leges. Sec. 465. Sec. 466. Sec. 457. — Debating, Literary, Scientific and Other Societies for Mutual Benefit and not Pecuniary Profit May Elect Necessary Oificers at Called Meeting and Have Conimon Seal. It shall be lawful for any debating society, literary, scien- Olf TH^ Tl^RRlTORY OF* N^W M:exiCO 37 tific, industrial or benevolent association or community, ace- quias or ditch associations or companies for mutual benefit and not for pecuniary profit or speculation (other than colleges, universities, academies or seminaries) elect at any meeting called for that purpose, not less than three nor more than seven persons to serve as trustees or directors, a secretary and treas- urer and such other officers as may be deemed necessary, who shall hold their offices for one year and until their successors are elected and qualified. Said corporation or association may have a common seal. (Note : The compiled laws of 1897 say "It shall be unlaw- ful," etc., which is a mistake of the printer. See Section 232, Compiled Laws, 1884). See Chap. 22, Laws 1903, p. 33. Sec. 458. — The Clerk of Such Organisation Shall Make Rec- ord of Such Meeting and Certify Same to Probate Clerk for Record, Whereupon Such Organisation Shall be Vested With All.Pozvers of Aggregate Corporations. The clerk so appointed shall make a true record of the proceedings of the meeting provided for by section four hun- dred and fifty-seven, certify and deliver the same to the clerk of the probate court of the county in which such meeting shall be held, together with the name by which such association or society shall thereafter desire to be known. And it shall be the duty of each probate clerk in this territory immediately upon the receipt of such certified statement to record the same in a book of record, to be kept by him, provided for that purpose at the expense of the county, for which service he may demand and receive the sum of ten cents per hundred words ; and from and after making such record by the clerk of the probate court, the said trustees or directors, and their associated members and successors, shall be vested with the powers, privileges and immunities incident to aggregate corporations, and a certified transcript of the record herein authorized to be made by the probate clerk shall be deemed and taken in all courts and places whatsoever in this territory as evidence of the existence of such society, association and corporation. Sec. 459. — The Trustees or Directors and Successors Shall Have Perpetual Succession, With the Common Powers and Privileges of Corporations. The trustees or directors who may be appointed under the /^ 38 COMPILvATlON 01^ THE SCHOOIv LAWS provisions of this act, and their successors in office, shall have perpetual succession by such name as may be designated, and by such name shall be legally capable of contracting and prose- cuting and defending suits, and shall have capacity to acquire, hold, enjoy, dispose of and convey all property, real or per- sonal, which they may acquire by purchase, donation or other- wise, for the purposes of carrying out the intention of such society or association, but they shall not acquire or hold prop- erty for any other purpose. Sec. 460. — Such Society, When Incorporated, May Bled Offi- cers and Make By-Laws. Such society or association, when incorporated, may elect such officers and make such by-laws, rules and regulations as may be necessary and expedient for its own government and the management of its fiscal and other affairs to effect their respective objects. Sec. 461. — Vacancies in Boards of Trustees or Directors May Be Filled, and Majority to Constitute a Quorum. If said board of trustees or directors as is provided by section four hundred and fifty-seven, shall be vacated either in whole or in part by death, resignation or otherwise, such board of trustees or directors may be revived, or such vacancy or vacancies filled by election in the manner pointed out in sec- tion four hundred and fifty-seven, for the original organization of said board, and a majority of said trustees or directors shall be a quorum for the transaction of business. Sec. 462.— Provisions for Organising Corporations for Reli- gious, Benevolent, Charitable, Scientific and Literary Pur- poses, and for Establishing Colleges, etc. Any five or more persons, a majority of whom shall be citizens of the United States, and residents of New Mexico, may organize a corporation for religious, benevolent, charita- ble, scientific or literary purposes, or for the establishment of colleges, academies, seminaries, churches or libraries, in the following manner : They may make and sign a certificate setting forth the name- of the proposed corporation, its objects, location and term of its existence. Such certificate shall be acknowledged by at least five of OF the; TElRRlfORY OF NKW MEXICO 39 its signers before a commissioner of deeds or notary public within the territory, and shall be filed in the office of the secre- tary of the territory. Sec. 463. — Organisers to be Body Corporate, Upon Filing Certificate. Upon such filing, the persons named in such certificate shall become and be a body politic and corporate by the name stated in said certificate, and for the term of existence therein specified. Sec. 464. — Corporation to Then Have Usual Corporate Pow- ers and Privileges. Such corporation shall have power to sue and be sued, and to have and use a corporate seal, to take such real and per- sonal property as is necessary or proper for the furtherance of its objects and not in excess of the amount limited by law, by purchase, gift, devise, or bequest, and use or occupy the same, and to make such by-laws as to its membership, perpetuation and government as it shall deem proper. Sec. 465. — By-Laws of Such Corporation Invalid Until Copy Piled With Territorial Secretary. A copy of the by-laws of each of such corporations shall be filed in the offices of the secretary of the territory, and all amendments to such by-laws shall likewise be so filed, and no by-law shall be valid until filed as aforesaid. For each filing of a certificate or by-laws, the secretary shall receive one dollar. Sec. 466. — Real Estate of Such Corporation Not to be Sold or Mortgaged Without Consent of Judge of Supreme Court. No real estate belonging to any such corporation shall be sold or mortgaged, except by consent of a judge of the supreme court, which consent shall be founded on evidence showing the propriety of such sale or mortgage, and such evidence may be taken by a master or referee, if so decided by the judges. (But see Chap. 99, Laws 1905). 40 COMPUTATION OF THE SCHOOI. lyAWS COUNTY OFFICERS. CONTENTS. Sec. 6 84. Persons responsible for county money to render account at January term. " Sec. 6 8 6. Officers failing to so account liable to fine. Sec. 6 87. County Commissioners to examine into sufficiency of county officers' bonds. Sec. 768. Probate Clerks to subscribe for all newspapers published in county. Sec. 769. Probate Clerk to bind and preserve copies of county news- papers. Sec. 771. Penalty for abstracting, destroying, mutilating, or defacing probate clerk's files of county newspapers. Sec. 7 91. Penalty for interfering with County Surveyor's official duties. Sec. 843. County officers not to act as sureties on bonds of other officers. Sec. 857. Persons unable to read and write English or Spanish are ineligible for office. Sec. 1. Chapter 60, S. L. 1897. (As amended.) Counties divided into classes. Sec. 12. County officers to file quarterly statement of receipts and disbursements. Sec. 684. — Persons Responsible for County Money to Render Account and Settle With County Commissioners at January Term; Also at Other Times When Notified in Writing. Balances to be Turned Into County Treasury. All collectors, sheriffs, treasurers, clerks, constables and all other persons responsible for the money belonging to the county, shall render their accounts to settle with the board of county commissioners at their January term of each year or at any regular term of the board if so required by the board in writing, and pay into the county treasury any balance which may be found due the county, and take duplicate receipts there- for, and deposit one of said receipts with the clerk of the board within five days thereafter. Sec. 686. — Officers Failing to so Account and Settle, Liable to Fine of From Five to One Hundred Dollars. Every officer required by the preceding sections to report to the county board of commissioners who shall fail or neglect to do so as required by law, shall be fined in a sum not less than five nor more than one hundred dollars. OF THE TERRITORY OF NEW MEXICO , 41 Sec. 687. — County Commissioners to Examine Into Sufficiency of County Officers' Bonds, and to Require New Bonds When Necessary. It shall be the duty of the board of county commissioners of each county, at each regular term on the first day of each term to examine and inquire into the sufficiency of the official bond of the coUector, sheriff, treasurer, clerk of probate court, constables, and all other official bonds given or to be given by any county officer as required by law, and if it shall appear that any one or more of the securities on the official bond of any county officer has or have removed from the county, died, or become insolvent, or of doubtful solvency, the said board of county commissioners shall cause such collector, sheriff, treas- urer, clerk, constable or other county officer to be summoned to appear before the said board on a day to be named in said, summons, to show cause why he should not be required to give a new bond with sufficient security, and if at the appointed time he shall fail to satisfy said board as to the sufficiency of the present security, an order shall be entered of record by said board requiring such treasurer, clerk, constable or other county officer, except the collector or sheriff, to file in the office of the county clerk within twenty days, a new bond to be approved as required by law, unless the number and pecuniary ability of other securities on said bond shall be such as to satisfy said board that the bond is sufficient, notwithstanding one or more of the securities on said bond may have removed, be dead, in- solvent, or of doubtful solvency, in which case the bond in question may be, in the discretion of the board, held sufficient. Sec'. 768. — Probate Clerks to Subscribe for All Newspapers Published in County. The probate clerks of the several counties of this territory are hereby authorized and required to subscribe for such, one copy each, newspapers as are printed and published in their respective counties. Sec. 769. — Probate Clerk to Bind and Preserve Copies of Re- spective County Newspapers for Free Reference. On Neg- lect of Duty, to be Fined Fifty Dollars, One-Half to Go to County School Fund. It shall be the duty of each probate clerk to receive and preserve every copy of the paper or papers so subscribed for 42 COMPILATION OP THE SCHOOI. IvAWS and from time to time, cause the same to be properly arranged and bound in volumes of convenient size and in a substantial manner, and said volumes, when bound, shall be kept in his office for the use of the courts, when needed, of strangers and the inhabitants of the county, all of whom shall have access to the same at all times during office hours, free of charge. For his services in this behalf, the probate clerk shall receive the sum of ten dollars for each volume, and for the neglect of the duties hereby imposed shall forfeit the sum of hfty dollars, to be recovered with costs in a civil action before any court, one-half of which shall be paid into the county school fund and the other half to the person who shall prosecute such action to successful termination. Sec. 771. — Persons Abstracting, Destroying, Mutilating or De- facing Probate Clerk's Files of County Newspapers Liable to Fine Not Exceeding $500, Half to Go to County School Fund. Any person who shall willfully abstract, destroy, mutilate or deface any number or volume of such newspapers pur- chased in pursuance of this act, shall be deemed guilty of a misdemeanor, and shall be fined in a sum not exceeding five hundred dollars, or imprisonment in the county jail, not more than six months, or both by such fine and imprisonment in the discretion of the court : Provided, That one-half of such fine shall be paid into the school fund of the county where such offender may be convicted, and the other half to the person who shall make the complaint Sec. 791. — Persons Threatening or Interfering With County Surveyors in Performance of Official Duties, Liable to Fine of $5 to $100, and Damages, Said Fine to Go to County School Fund. If any county surveyor shall be molested or prevented from doing or performing any of his official duties by means of threats or improper interference of any person or persons, such surveyor shall call on the sheriff, constable or other peace officer of the county, who shall accompany him and afford him all necessary protection against any person or persons thus threatening or improperly interfering with any county surveyor while performing his official duties; such person or persons so offending shall; on conviction thereof before any court of competent jurisdiction, be fined" in a sum not less OF the; territory of new MEXICO 43 than five dollars ($5.00) nor exceeding one hundred dollars ($100.00), and moreover be liable for all damages caused to any person by the hindrance of the surveyor, and also for all the expenses that may accrue in consequence of the attendance of the sheriff or officer and the delay of the surveyor : Pro- vided, All fines imposed under the provisions of' this section shall be paid to the county treasurer, for the benefit of the public school fund of said county. Sec. 843. — Cuniity or District Officers Shall Not Act as Sure- ties on Bonds of Other Officers. No county or district officer shall be in future surety on the official bond of another county officer, and no such officer who shall be required to give bond shall be considered as qualified, if any other of the officers above mentioned shall give such bond. Sec. 857. — 'Persons Unable to Read and Write Hither Bnglish or Spanisli Well Enough to Keep Their Otvn Record, In- eligible for Positions of Trust. That hereafter in this territory, no person who cannot , read and write sufficiently well to keep his own record in either the English or Spanish languages, shall be ineligible to be elected or appointed to or hold the office of justice of the peace, constable, school director, school treasurer or any other office or position of trust in which writing is required to be done or a record is required to be kept. (See Sections 863-867). Sec. 12. — County and Precinct Officers to File Under Oath With Probate Clerk Detailed Quarterly Statements of Re- ceipts and Disbursements. Making of False Statements Deemed Perjury, and Failure to File Statements Cause for Removal. All county and precinct officers shall be required to make and file with the probate clerks of their respective counties, quarterly statements showing in detail the amounts of all pub- lic moneys received, collected or disbursed by them, which said statements shall be verified by the oath of the officers making the same. Any officer knowingly making any false statement of the accounts herein provided for shall be deemed guilty of perjury and shall be punished as provided by law in 44 COMPUTATION OF THE) SCHOOI, LAWS Other cases of perjury. Such statements shall be filed on or before the first day of January, April, July and October of each year; and any of said officers failing to make such statements as herein provided, may be removed from office by the county commissioners. This section shall take effect September 1, 1897. CRIMES AND OFFENSES. CONTENTS. Sec. 1103. Burning at night of school, church or other buildings. Sec. 1104. Burning in the day-time of school, church or other buildings. Sec. 1113. Larceny from said buildings. Penalty for Sec. 1125. Embezzlement. Sec. 1126. Punishment for embezzlers. Sec. 1263. Unlawful to maintain opium or hop joint Sec. 1264. Penalty for violating preceding section. Sec. 1265. Half of opium joint fines to go to the school fund. Sec. 1268. Saloon keepers allowing minors to play games on premises liable to fine. Sec. 126 9. Half of fines imposed by preceding section to go to school fund. Sec. 1272. Illegal to sell, use, give or drink liquor on election day. See. 1273. Half of fine for violating provisions of preceding section to go to school fund. Sec. 1274. Enclosures on public land illegal. Sec. 1296. Enclosures to have gates at all crossings of public roads and trails. Sec. 1297. Damages to enclosures by animals. Sec. 1298. Penalty for occupying public land under pretext of a deed. Sec. 1103. — Wilful Burning at Night of Certain Buildings, Including Colleges and Academies, Punishable by Imprison- fuent of .Prom One to Pifteen Years. Every person who shall wilfully and maliciously burn, in the night-time, any meeting house, church, court house, town house, college, academy, jail, or other building erected for public use, or any banking house, warehouse, store, manu- factory, or mill of another, or any barn stable, shop, or office of another, within the curtailage of any dwelling house or any other building, by the burning of which any building men- tioned in this section shall be burned in the night-time, shall be punished by imprisonment in the county jail or territorial prison not more than fifteen years nor less than one year. 0^ THE TERRITORY OF NEW MEXICO 45 Sec. 1 104. — Wilful Burning in the Day-Time of Certain Build- ings, Including Colleges and Academies, Punishable by Im- prisonment of From Six months to Bight Years. Every person who shall wilfully and maliciously burn, in the day-time, any building mentioned in the next preceding section, the punishment for which, if burnt in the night-time, would be imprisonment in the county jail or territorial prison, not more than fifteen years nor less than one year, shall be punished by imprisonment in the county jail, or territorial prison, not more than eight years nor less than six months. Sec. 1 1 13. — Larceny Prom, or Breaking and Entering, Certain Buildings, Including Colleges and Academies, Punishable by Fine and Imprisonment. Every person who shall commit the crime of larceny, in any dwelling house, office, shop or warehouse, or shall break and enter, in the night-time or day-time, any meeting house, church, court house, town house, college, academy, or any other public building erected for public use, and steal there- from, shall be punished by imprisonment in the county jail or territorial prison not more than three years or less than three months, or by a fine not exceeding one thousand dollars nor less than fifty dollars. Sec. 1125. — Persons Converting Territorial, County, Precinct or City Money to Own Use, or Loaning Without Interest or Neglecting to Pay Over Same According to Law, Guilty of Embezzlement. If any person, having in his possession any money belong- ing to this territory, or any county, precinct or city, or in which this territory, or any collector or treasurer of any pre- cinct or county, or the treasurer or disbursing officer of this territory, or any other person holding an office under the laws of this territory, to whom is entrusted by virtue of his office, or shall hereafter be intrusted with the collection, safe " keeping, receipt, disbursement, or the transfer of any tax, revenue, fine or other money, shall convert to his own use, in any way or manner whatever, any part of said money, or shall 'loan, with or without interest, any part of the money intrusted to his care as aforesaid, or wilfully neglect or refuse to pay over said money, or any part thereof, according to the pro- visions of law, so that he shall not be able to meet the demands 46 COMPILATION OF the; school laws of any person lawfull}^ demanding the same, whether such demand be made before or after the expiration of his office, he shall be deemed and adjudged to be guilty of an embezzlement. Sec. 1126. — Punishment for Bnihezslers, Varying With Amount Bmhezslcd. Any person who shall be guilty of embezzling any money prohibited by this or the last preceding section, not exceeding in amount the sum of one hundred dollars, shall, upon convic- tion, be punished by imprisonment in the county jail not more than one year nor less than three months ; and any person who shall be convicted of embezzling a greater sum than one hun- dred dollars, shall be punished by imprisonment in the county jail or territorial prison iiot more than three years nor less than one year, and by fine in each case of twice the amount so embezzled ; and if the court cannot determine, from the ver- dict of the jury or otherwise, the amount of the sum embezzled, they shall impose such fine as in their discretion shall be ade- quate and corresponding as nearly as may be with the penalty imposed by this section ; and every refusal by an officer to pay any sum lawfully demanded, shall be deemed guilty of an embezzlement of the sum so demanded. (See Section 1129). Sec. 1263- — Unlazvful to Maintain Opium or Hop Joint. It shall be unlawful for any person to keep or maintain a place for the purpose of furnishing opium to others, or what is commonly known as hop joint or opium joint; Provided, however, That the provisions of this section shall not, in any wise apply to druggists who may dispose or sell the same upon the prescription of a physician. Sec. 1264. — Violation of Terms of Preceding Section a Mis- demeanor, Punishable by Pine and Imprisonment. Any person violating the provisions of the preceding sec- tion shall be deemed guilty of a misdemeanor, and upon convic- tion thereof before a justice of the peace, or the district court or any competent tribunal shall be fined in any sum not less than twenty-five dollars nor more than two hundred and fifty dollars, or he shall be sentenced to imprisonment at hard labor, in the county jail, for a term of not less -than one, nor more OF TH^ TERRITORY OF NFW MEXICO 47 than six months, or both said fine and imprisonment, in the discretion of the court or jury trying the case. Sec. 1265. — Half of Opium Joint Fines to Go to District School Fund. All fines imposed under the provisions of this act, one- half shall go to the prosecuting witness, and the other to the treasurer and for the benefit of the school district wherein the offense was committed. Sec. 1268. — Saloon Keepers AUoiving Minors to Play Games on Premises, Liable to Fine of Ten to One Hundred Dollars. Any saloon keeper who shall permit any minor, under the a^e of twenty-one years, to play the game of billiards, pool, or any game of cards or dice, or any other game on his premises, on conviction thereof before the district court, or before any justice of the peace, shall be punished by a fine not less than ten dollars, nor more than one hundred dollars. Sec. 1269. — Half of Fines Imposed by Preceding Section to Go to School Fund. All fines imposed under the provisions of this act shall be, one-half for the county fund, and the other half for the school fund in which the offense is committed. Sec. 1272.— Illegal to Sell, Use, Give or Drink Liquor on Election Days. It shall be illegal for any person or persons in this territory to sell, use or give, drink, or dispose of, any intoxicating or spirituous liquors on the day of any general or special election in this territory. Sec. 1273. — Half of Fine for Violation of Provisions Preced- ing Section to Go to School Fund. Any person who shall violate the provisions of this act, on conviction thereof before any justice of the peace or district court, shall be punished by a fine of not less than twenty-five dollars and not exceeding one hundred dollars, or by imprison- ment in the county jail, in wdiich such offense may have been committed, for a term not exceeding thirty days, nor less than twenty days. The half of said fine to be paid to the person 48 COMPILATION or' THE SCHOOIv LAWS who informs or prosecutes the violators of this act, and the other half shall be paid into the school funds. (See Section 1276). Sec. 1295. — Illegal to Construct and Maintain Enclosures on Public Land, if Prejudicial to Others, Unless Permitted by United States Lazvs. It shall not be legal for any person or persons, company or corporation, to construct and maintain enclosures upon land considered and held as public land in this territory, nor to ap- ply the same to private use, which may result in prejudice to the citizens thereto, unless the same be made and sustained in conformity with the provisions of the United States laws rela- tive to government lands. Sec. 1296. — Enclosures to Have Gates at All Crossings of Public Roads and Trails. Whenever enclosures are constructed upon land, whether private or particular, of any person or persons, and upon which land a public road or trail may cross, and which is necessary for the free transit of the public, the person or persons, owners of such enclosure or land shall not construct the same in such a manner as to prevent the travel on said roads, but the same shall be properly kept under gates, easy to be opened and closed, and no owner or owners of said lands or enclosures, observing the provisions of this act, shall be considered as ob- structing or embarrassing said public roads. Sec. 1297. — Ozvners of Enclosures Bordering and Not Cross- ing Public Roads May Recover for Damages to Enclosures by Animals. If any person owning and legally possessing lands In this territory, shall construct or cause to be constructed enclosure without crossing any public road, following his enclosures along both sides of said road, or roads, then, and in such case the owner or owners of said enclosure or enclosures shall be entitled to recover damages caused by animals or otherwise, originated within said enclosures, before any court having jurisdiction in the matter. Sec. 1298. — Persons Under Pretext of Deed Occupying, or Trying to Deprive Others of Free Use of Public Land, Liable to Pine, to be Paid Into Public School Fund. Any person who shall, contrary to the provisions of this OF THS Te:rRITORY Of' NEW MEXICO 49 act, be found occupying, or trying to deprive others of the free use and pasturing upon public land, under the pretext of -a deed, upon conviction thereof before any court having jurisdic- tion in the matter, shall be fined in a sum of not less than ten dollars, and shall besides, be liable for the damages caused thereto, which fines shall be paid into the public school fund of the county Avhere the infraction .may take place. SABBATH OBSERVANCE. CONTENTS. Sec. 1368. Sunday sports, public meetings and exhibitions, except for religious worship, prohibited. Sec. 1369. Fines for infraction of Sunday law to go to school fund. Sec. 1370. Certain labors permissible on Sunday. Sec. 1372. Definition of Sunday. Sec. 1374. Attorney General and district attorneys to prosecute Sab- bath breakers. Sec. 1368. — Sunday Sports, Public Meetings and Exhibitions, Except for Religious 11^ or ship, and Sunday Labor Except Works of Necessity, Punishable by Fines and Imprison- men t. Any person or persons who shall be found on the first day of the week, called Sunday, engaged in any sports, or in horse racing, cock fighting, or in any other manner disturbing any worshiping assembly, or private family, or attending any public meeting, or public exhibition, excepting for reli- gious worship, or instruction, or engaged in any labor; except works of necessity, charity or mercy, shall be punished by a fine_ not exceeding fifteen dollars, nor less than five dollars, or imprisonment in the county jail of not more than fifteen days, nor less than five days, in the discretion of the court, upon conviction before any district court. Sec.. 1369. — Fines for Infraction of Sunday Law to Go to District School Fund. All fines collected under this act to be applied to the school fund of the district in which the offense was committed. It shall be the duty of any sheriff, collecting said fine, to pay the same to the county treasurer, to the credit of the school dis- trict of the county in which the said offense was committed, oO COMPILATION OF THE SCHOOL LAWS within thirty days after collecting said fine, and take his re- ceipt therefor. Sec. 1370. — Certain Labors Pcnnissible on Sunday. It shall be lawful in cases of necessity for farmers and gardeners to irrigate their lands, and when necessary to pre- serve the same to remove grain and other products from the fields on said day; and nothing in this act shall be construed to prevent cooks, waiters and other employes of hotels and restaurants, and of butchers and bakers, from performing their duties on said day. Sec. 1372. — Definifiou of Sunday. Sunday, for the purpose of this act. shall be regarded as the time between sunrise and midnight of said day. Sec. 1374. — Alforucy General and District Attorneys to Prose- cute Sabbath Breakers. It is hereby made the duty of the attorney general and district attorneys, to prosecute offenders against the provisions of this act, and they shall be entitled to receive a fee of five dollars for each conviction, and to be taxed as other costs. DEADLY WEAPONS. CONTEXTS. Sec. 1377. Persons carrying deadly weapons in settlements, except by legal authority, liable to fine and imprisonment. Sec. 1378. Persons drawing deadly weapons on others. Sec. 1379. Assaulting with deadly weapons. Sec. 1380. Drawing, flourishing or dischargihg fire arms In public place.s. Sec. 1381. Armed persons insulting or assaulting others. Sec. 1383. Meaning of deadly weapons. Sec. 1384. Travelers may carrj' arms for personal protection. Sec. 1386. Hotel, .saloon and dance hall keepers to conspicuously post this law in English and Spanish. Sec. 1389. Fines collected under this art to go to county school fund Sec. 1377. — Persons Carrying Deadly Weapons in Settle- ments, Except by Legal Authority or Threatened With Danger, Liable to Fine and Imprisonment. That any person who shall hereafter carry a deadly OF THE TERRITORY OF NEW MEXICO 51 weapon, either concealed or otherwise, on or about the settle- ments of this territor)-. except it be in his or her residence, or on his or her landed estate, and in the lawful defense of his or her person, famih' or property, the same being then and there threatened with danger, or except such carr3^ing be done by legal authority, upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than three hundred, or by imprisonment not less than sixty days, nor more than six months, or by both such fine and imprisonment, in the discretion of the court or jury trying the same. Sec. 1378. — Persons Drazving Deadly JVcapoiis on Others Ex- cept in Defense of Life or Property, or by Legal Authority, Liable to Fine and Imprisonment. Any person who shall draw a deadly weapon on another, or who shall handle a deadly weapon in a threatening man- ner, at or towards another, in any part of this territory, except it be in the lawful defense of himself, his family or his prop- erty, or under legal authority, upon conviction thereof," shall be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment at hard labor in the county jail or territorial penitentiary not less than three months, nor more than eighteen months, or by both such fine and imprisonment, in the discretion of the court or iury trying the same. Sec. 1379. — Persons Assaulting Others IJlfh Deadly JVeapons Liable to Pine and Imprisonment. Any person who shall unlawfully assault or strike at another with a deadly weapon, upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment at hard labor in the county jail or territorial penitentiary, not exceeding three years, in the discretion of the court or jury trying the same. Sec. 1380. — Draimng, Flourishing or Discharging Firearms in Public Places Unlawful, Except in Defense of Life or Property, Person Offending Liable to Fine and Imprison- ment. Any person who shall unlawfully draw, flourish or dis- charge a rifle, gun or pistol within the limits of any settle- ment in this territory, or within any saloon, store, public hall, 52 COMPILATION OV THE SCHOOIv LAWS dance hall or hotel, in this territory, except the same be done by lawful authority, or in the lawful defense of himself, his family or his property, upon conviction thereof, shall be pun- ished by a fine of not more than one thousand dollars, or by imprisonment for a term of not more than three years, or by both such fine and imprisonment, in the discretion of the court or jury trying the same. The word settlement, as used in this act, shall be construed to mean any point within three hundred yards of any inhabited house, in the Territory of New Mexico. Sec. 1381. — Armed Persons Insulting or Assaulting Others by JVord or Othenvise, Without Sufficient Provocation, Lia- ble to Fine and Imprisonment. Any person being armed with a deadly weapon who shall, by words, or in any other manner, insult or assault another without sufficient provocation, upon conviction thereof shall be punished by a fine of not less than one hundred dollars, nor more than three hundred dollars, or by imprisonment at hard labor in the county jail or territorial penitentiary, for not less than three months nor more than one year, or by both such fine and imprisonment in the discretion of the court or jury trying the same. Sec. 1383. — Meaning of Deadly Weapons. Deadly weapons, within the meaning of this act, shall be construed to mean all kinds and classes of pistols, whether the same be a revolver, repeater, derringer, or any kind or class of pistol or gun ; any and all kinds of daggers, bowie-knives, pon- iards, butcher knives, dirk knives, and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including sword-canes, and any kind of sharp pointed canes; as also slug-shots, bludgeons and any other deadly weapons with which dangerous wounds can be inflicted. Sec. 1384. — Travelers May Carry Arms for Personal Protection. Persons traveling may carry arms for their own protec- tion, while actually prosecuting their journey, and may pass through settlements on their road without disarming; but if such travelers shall stop at any settlement for a longer time than fifteen minutes they shall remove all arms from their 01? the: territory of new MEXICO 53 person or persons, and not resume the same until upon eve of departure. (Officers may carry arms; when). Sec. 1386. — Hotel, Saloon and Dance Hall Keepers to Con- spicuously Post This Lazv in Both English and Spanish. Proprietors Failing to Call Attention of Violators to Law Liable to Pine. Every keeper of hotel, boarding house, bar room, drink- ing saloon or place where liquor is sold, or dance hall, in this territory, shall keep conspicuously posted up, a copy of this act, in both the English and Spanish languages, and it is hereby made the duty of every such keeper of a hotel, boarding house, bar room, drinking saloon or place where liquor is sold, or dance halls, or the person in charge of the same, who shall be- come cognizant of any violations of the provisions of this act, in, upon or about their premises, to immediately and at once direct the attention of such violator to the provisions of this act, and upon a failure of such keeper of a hotel, boarding house, bar room, drinking saloon, or place where liquor is sold, or dance hall, or the person in charge thereof, to do so, he or they shall be liable to pay a fine of not less than five dollars, nor more than fifty dollars. Sec. 1389. — Fines Collected Under This Act to Go to County School Fund. All fines and penalties accruing from the violation of the provisions of this act shall be paid into the county treasury of the county in which such violation occurs, to the credit and for the benefit of the school fund of said county. 54 ' COMPUTATION 0]? THE SCHOOL LAWS GUARDIANS AND WARDS. CONTENTS. Sec. 1437. Father and mother as guardians. Sec. 1447. Education of ward. Sec. 1465. Custody of children's person, education and estate. Sec. 1471. Guardians to mal^e annual settlements with probate court. Sec. 1437, — Father the Natural Guardian of Children, and the Mother if Father is Dead or Has Abandoned Them. Must be Appointed by the Court in Order to Manage Children's Estate. The father, and, in case of his death or abandonment of his family, the mother, shall be the natural guardian of their children, and shall have the care of their persons and educa- tion; but in no case shall they have the care and management of their estates, except they be appointed by the court for that purpose, when they shall give bond and security in the same manner as other guardians. Sec. 1447. — Probate Court May Direct Guardian to Spend ■ Specified Sum for Education and Maintenance of Ward, . Even Exceeding Income of Estate. The probate court may direct a guardian to expend for the maintenance and education, if it shall be necessary, of his ward, a specified sum, although such sum may exceed the in- come of the ward's estate ; but without such direction, the guardian shall not be allowed, in any case, for the maintenance and education of the word, more than the clear income of the estate. Sec. 1465. — Custody of Children's Person, Edtication and Es- tate in Hands of Father, if Living, and if not, in Hands of Mother. When Bond Shall be Given. In all cases, not otherwise provided for by law, the father while living, and after his death and when there shall be no lawful father, then the mother if living, shall be the natural guardian of the children, and have the custody and care of their persons, education, and estates, and when such estate is OF THE TERRITORY OE NEW MEXICO 55 not derived from the parent acting as guardian, such parent shall give security and account as other guardians. Sec. 1471. — Guardians to Make Annual Settlements with Pro- bate Court, and if in Charge of Child's Bducation, Such Expenditures to be Reported Under Oath. Guardian s Neg- lect to Report May Subject Him to Imprisonment. Guardian and curators shall make annual settlements with the probate court, in which their proceedings shall be, beginning at the first term after the beginning of a year from their appointments or admission respectively, and at each cor- responding annual term as near as may be, until their final settlement; and in such settlements guardians, having the care and education of the minors, shall make a statement on oath of the application of all moneys directed by the court to be applied by them to the education of their wards. Guardians and curators neglecting or refusing to make such settlements or statements on oath herein required, shall be liable to be attached and imprisoned until they make such settlements and statements, the court first making a rule on them respectively, to show cause why they should not be so proceeded against. ORPHANS AND POOR CHILDREN, APPRENTICESHIP. CONTENTS. Sec. 1472. Justices of peace to report orphan children. Sec. 1473. Person to whom child is apprenticed to give bond to properly clothe, treat and instruct child. Sec. 1479. Probate court to examine into condition of orphans. Sec. 1481. Guardians to choose masters for apprentices under ten years of age. Sec. 1482. Probate court to apprentice children of parents unable or neglecting to support and educate them. Sec. 1483. Parents may apprentice minor children. Sec. 1484. Provisions for education of children apprenticed by parents. Sec. 14^5. Probate court to hear and determine complaints of ap- prentices. Sec. 1496. Adoption of children by adult persons or by institutions. Sec. 1472. — Justices of Peace to Report to Probate Judges All Orphan Children and Those Whose Parents- Are too Poor to Maintain Them. Probate Court to Investigate and Bind Children Out. It shall be the duties of the justices of the peace of each 56 COMPUTATION OF THE SCHOOL I.AWS precinct of the different counties, at the regular terms of the probate courts, to make returns to the probate judges of all the orphan children, poor and other children in his precinct, the parents of which cannot maintain them ; and it shall be the duty of the judge of probate, when said lists are presented, to investigate for proof; and if he shall find it to be true that said children are poor orphans, or that their parents are not maintaining them, to bind out such children as apprentices to such person as the probate court may approve, until they reach the age of twenty-one years, if males, or until they reach the age of eighteen years, if females. Sec. 1473. — Person to Whom Child Apprenticed to Give Bond to Properly Clothe, Treat and Instruct Child. Other Pro- visions. Any person to whom a child shall be bound as apprentice, shall be required- by the judge of probate, to give bond in the sum of not more than five hundred dollars, payable to the county, conditioned to provide the apprentice with sufficient clothing and food, and bed, and also to treat him with human- ity, and to teach him some occupation or office by which the said apprentice can maintain himself ; and also to teach him to read and write, and arithmetic; and, at the expiration of said apprenticeship, he shall give him two good and durable suits of clothing. (Apprenticeship may be revoked, upon proper evidence). (Children of poor prisoners to be apprenticed; when). Sec. 1479. — Probate Courts to Examine into Condition of Or- phans and Minors Without Suificient Estate for Proper Maintenance and Bducation, and Shall Direct Guardians to Apprentice Wards, Under Certain Conditions. It shall be the duty of the said courts (probate) to examine into the conditions of all orphans and such minors as have not sufficient estate for their maintenance and education; and in case the minors or orphans have not the means of mainte-, nance and education, nor friends or relations willing to incur the expense of their maintenance and education, the judge of probate shall direct guardians to bind their wards as appren- tices, until the age of twenty-one, if males, and, if females, until the age of eighteen, to some good and reputable man or woman, to be chosen by the ward if over ten years of age, sub- OF THE TERRITORY OF NEW MEXICO 57 ject, however, to the approval of the guardian and the probate court; which person shah bind him or. herself to teach the apprentice some useful and reputable art, science, profession, trade or business, to be specified in the indenture ; and, also, to send the apprentice to school at least three months in each year, after the age of nine years, and to clothe, feed, lodge, and treat the apprentice humanely. (Indenture must be approved by court and recorded). Sec. 1 48 1 . — Guardians to Choose Masters for Appren tices Less Than Ten Years of Age. For minors to be apprentices under the age of ten years, the masters shall be chosen by their guardian, or parent, or parents, if living, subject to the approval of the probate court. Sec. 1482. — Probate Court to Apprentice Children of Parents U liable, or Neglecting, to Support and Hducate Them. in case of minors whose parents, or either of them are living, but have not the means of maintaining their children, or willfully neglect to support and educate them, the probate court shall apprentice such children as in case of orphans. Sec. 1483. — Fathers, if Liz'i)tg, or Mothers May Apprentice Minor Children, on failure of Probate Court to 'do so. The father of any minor, or, if the father be dead, the mother, when the probate court has not appointed a guardian, may apprentice their children, being minors, in the like manner as guardians, for the purpose of teaching them some useful art, science, profession, trade or business, by means of indenture. Sec. 1484. — Provisions for Bducation of Children Apprenticed by Parents. In all cases of children being apprenticed by the parents, the indenture shall bind the master to send the apprentice to school, at least three months»in each year, after the age of nine years, which indenture must likewise be approved by the probate court, and recorded in the office of the clerk of the probate court. Sec. 1485. — Probate Court .to Hear and Determine Complaints of Apprentices. The probate court shall at all times hear the complaints of apprentices, who reside within their respective counties, 58 COMPIIvATlON OF THie SCHOOI, I.AWS whether niade in person or by any other person for them, against their masters, alleging undeserved or immoderate cor- rection, insufficient allowance or quality of food, raiment or lodging, or want of proper instruction. And the court shall hear and determine all such cases in a summary way, during terms, and make such order therein as in the judgment of the court will relieve the complaining apprentice for the future ; or remove the apprentice, and bind him to someone, else, if it shall be deemed necessary. Sec. 1496.— Minor Children May. be Adopted by Adult Per- sons or Charitable Associations, JVithout Reward for Care and Education. Any minor child may be adopted by any adult person or charitable association or incorporation organized and existing for the custody, care, maintenance and education of orphan, illegitimate, abandoned and other children intrusted to its cus- tody, and care without any reward or recompense for such cus- tody, care, maintenance and education, in the cases and subject to the rules prescribed in this chapter (Sections 1488-1508). OF THE TERRITORY OF NEW MEXICO 59 CHAPTER XCIX. Laws of 1907. An Act to amend section 1527 of the compieEd eaws of NEW MEXICO. H. B. No. i6p; Approved March 21, igo'/ SCHOOL DISTRICTS. CONTENTS. Sec. 1. Amending Section 1527, Compiled Laws of 1897. Be it enacted bv the Legislative Assembly of the Territory of Nezv Mexico: Section 1. That Section 1527 of the Compiled Laws of New Mexicu is hereby amended su as to read as follows : "That whenever a school district shall be formed in any county, the county superintendent shall, \vithin fifteen days thereafter, prepare and post a notice of the formation of such district, describing its boundaries and stating the number thereof, and appointing a time and place for the first district meeting to select school directors to act until the following election; and he shall also furnish to the county clerk the description and boundaries of each school district as soon as practicable after the same is formed. Should there, for any cause, be no meeting in the newly formed district to select school directors, then the county superintendent shall appoint school directors who shall act till their successors are elected as now provided by law, and all school directors heretofore appointed in a new district by the county superintendent, are hereby declared in all respects to be valid appointments. The school superintendent shall, on or before the 15th day of October of each year, make out and transmit in writing to the territorial superintendent, bearing date October 1st, a report containing a statement of the number of school districts in the county, the number, age and sex of children residing in each over five and under twenty-one years of age ; the number of schools in the county ; the length of time each school has been taught; the number, age and sex of pupils attending the same; the number and sex of ^teachers employed, branches taught and text books used ; the number of private or select schools or academies in the county as far as the same can be ascertained ; the number, 60 COMPUTATION 0^ THE SCHOOIv I.AWS age and sex of pupils and teachers employed and the branches taught; the amount of money raised by taxes and paid for teachers' salaries in addition to the amount of public money raised by tax or otherwise for the purpose of purchasing sites for school buildings repairing and furnishing school houses, and such other information as the territorial superintendent may desire. Sec. 2. This act to take effect and be in force from and after its passage. LAWS OF 1897. (continued) CONTENTS. Sec. 1528. Penalty for failing to make annual report. Sec. 152 9. Present school districts declared legal. Sec. 1530. Each school district a body corporate. Sec. 1532. Election of school directors. Sec. 1532. Voters defined. Sec. 1533. Organization and duties of school directors. Sec. 1535. Additional duties of school directors. Sec. 1536. Teachers to keep records and make reports. Sec. 1538. Bond of county treasurer as custodian of school funds Sec. 1540. Penalty for tax collectors failing to turn over money. Sec. 1528. — Penally For failing to Make Aiuntal Report. That every county superintendent who shall wilfully neglect or refuse to make and deliver to the territorial super- intendent his annual report, as required by this act, within the time limited therefor, shall be liable on his bond for the full amount of money lost to the county by such neglect or refusal, with the interest thereon at 12 per centum per annum, to be recovered by the county treasurer in the name of the county, from the bondsmen of said Superintendent. Sec. 1529. — Present Sehool Disfriets Declared Legal. That each of the school districts of the different- counties as now constituted, is hereby declared to be a school district, until changed under the provisions of this act, and there shall be established in each district one or more schools in which shall be taught orthography, reading, writing, arithmetic, grammar, geography, the English language, and the history of the United States. OF" THE TERRITORY OE NEW MEXICO 61 Sec. 1530. — Bocli School Disfricf a Body Corporate. That each school district shall be a body corporate by the name and style of School District Number , of the County of , and by such name may contract and be con- tracted with, sue and be sued, in any of the courts of this terri- tory having competent jurisdiction; and every such district shall hold, in the corporate name of the district, the title of lands and other property which may be required by said district for school purposes. Sec. 1532. — Election of School Directors. (As amended.) That on the second Monday of May, 1891, the present county school superintendents of the respective counties shall cause to be posted notices in at least three public places in each school district, calhng an election to be held for three school directors of said district, on the first Monday in June following ; said election to be held by three property holders in said district, to be named in said notice, and after said election is held, the three directors elected shall hold office for one year and until tlieir successors are elected and qualified, and the judges of election shall cer- tify the result to the county superintendent. On the second Monday of March of each succeeding year the directors serv- ing at that time shall post notices of an election to be held by them on the first Monday in April by the qualified voters for three school directors, whose term shall be one year, Only legal voters, residing and paying ta.xes in said district, shall be qualified to vote at said election ; the votes shall be by written or printed ballots, and the election shall be held be- tween the hours of 8 a. m. and 5 p. m. on tlie first Monday of April, at the public school house or some other convenient place to be specified in said notice ; the result of said election shall be certified by said directors to the County Superintend- ent, and the term of office of said directors shall begin on the first Monday of May following their election. The direc- tors so elected shall take and file with the county superintend- ent, before the first Monday of May, an oath that they will faithfully perform the duties of tlieir office; said oath shall be administered by the judges holding the election first pro- vided for. and at subsequent elections by the directors serving, and in said oath shall be set forth the number of said school districts. Any school director who shall fail to call the elec- tion and post the notices therefor, or to correctly certify the 62 COMPILATION 01^ THE SCHOOL LAWS result of such election as required in this section, shall be deemed guilty of malfeasance in office, and shall be disquali- fied from again holding said office by appointment or other- wise for a period of one year thereafter, and shall be sum- marily removed by the superintendent of schools, and shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned in the county jail not less than twenty-five nor more than one hundred days, the said fines to go to and become a part of the school fund of the district in which such person was a director. And it is hereby made the duty of the county school superintendent so removing a direc- tor to make affidavit of the facts to the district judge, or before any justice of the peace, and to act as prosecuting witness against said director. The said school clirectors shall truly canvass the vote cast at the election and' send the ballots to the county school superintendent, together with their certifi- cate of election, where said ballots shall remain in his cus- tody for the period of thirty days, during which time notice of contests may be given by any person interested. If no such notice shall be given within such period, the county school superintendent shall destroy such ballots. But if such notice of contest be given, it shall be his duty to turn the same over, in exactly the same condition as they were received by him, to the Probate Clerk of his county, where they may be exam- ined under the same terms and conditions as ballots in other cases of contested elections for county officers, and the same provisions shall apply to a contest for the position of school director as is provided by law for contesting other county officers. All legal voters, residing in a school district, who have paid the poll tax of the current year in said district, shall be con- sidered qualified voters of said district, entitled to vote therein. Sec. 1533. — Organisation and Duties of School Directors. That five days after their qualification the school direc- tors shall meet and elect a chairman and a clerk, and two directors shall constitute a quorum, which shall be competent to discharge all the duties of a full board. Should a vacancy occur from any cause, notice shall be given to the county superintendent by the directors or a director, and thereupon said county superintendent shall appoint a director to fill suchj vacancy until the next election. They shall have the care and keeping of the school house and other property belonging OF THE TE;RRIT0RY of new MEXICO B3 to the school district, and are hereby authorized to open the school houses for the use of religious, political, literary, scientific, mechanical, agricultural, and industrial societies belonging to their district, for the purpose of holding business or public meetings of said societies. Sec. 1535. — (As Amended.) Additional Duties of School Directors. That no board shall issue warrants or certificates of in- debtedness of the school district, in excess of the amount of the levy for one year, but all school orders shall draw 6 per cent, interest per annum after having been presented to the county treasurer and not paid for want of funds, which fact shall be indorsed upon the order by the treasurer. The directors of the several school districts shall also employ and pay school teach- ers under the restrictions imposed by this act,, and shall have the general control and management of the schools in their respective districts, subject to such supervision as shall herein be conferred upon the county superintendent ; and the directs ors in the several school districts in the territory shall on or before the first day of September of each year, make an enumeration of all unmarried persons betAveen five and twenty- one years of age, giving the names, ages and sexes of such persons in full, and reporting the same in writing, which shall be signed by all the directors and sent to the county superin- tendent within fifteen days thereafter. All resident unmar- ried persons between said ages shall be entitled to attend the schools of their districts. The clerks of the several school districts shall, on or before the first day of May of each year, make a report to the county superintendent in writing show- ing the amount of mone}^ collected and expended for school house sites, school houses, and fuel, interest on school house bonds, contingent expenses, and for salaries paid teachers, within the twelve months preceding. Any school director who shall willfully refuse or fail to make any report or per- form all the duties required by this section, shall be deemed guilty of a misdemeanor, and on conviction before the dis- trict court of the proper county, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for a period not exceeding sixty days, in the discre- tion of the court. Sec. 1536. — Teachers to Keep Records and Make Reports. That every person employed to teach a school estab- 64 COMPILATION OI' THE SCHOOL LAWS lished by this act, or any acts now in force, shall keep a proper record, and at the end of each term, make a report to the county superintendent, showing the whole number of pupils that have attended school during such term, giving the names, ages, and sexes, the average daily attendance, the branches taught, and such other facts as may be deemed important as showing the character of the school and the proficiency of the pupils ; and for failure to make such report, he may be fined in the sum of not more than fifty dolllars, upon convic- tion before any justice of the peace. No person shall be paid any money for teaching any school established under this act until an order is presented, signed by two of the school directors of the proper district and endorsed by the county superintendent. ■ , Sec. 1538. — Bond of County Treasurers as Treasurers of School Pwids. That the county treasurers shall severally give bond, with two or more sureties, as treasurers of the school fund in their respective counties, in a sum which shall be fixed by the superintendent of public instruction at double the probable amount of school funds which shall come into their hands ; said bonds shall in no case be for a less amount than ten thousand dollars and ,shall be approved by the county superin- tendent of the proper county and filed with the superintendent of public instruction. Sec. \SZ9.— (Revised Acts OQ, Chapter 80.) Any tax collector who shall fail to pay over all school money collected by him within thirty days after the tenth day of each month in which the same is collected, shall be summar- ily removed by the governor from the office of collector. vSec. 1540. — Penalty for Tax CoUeetors Failing to Turn Over Money. If the tax collector be also sheriff, such delinquent shall also be removed from the office of sheriff and forever there- after be disqualified from holding either of said offices, and the governor shall appoint a successor, who shall qualify according to law, and who shall hold his office during the bal- ance of the time of the officer removed. It shall also be the duty of the collector of taxes to keep the accounts of special taxes levied by school districts, in separate books provided for that purpose. - OF The territory of new aiexico 65 ISSUANCE OF SCHOOL BONDS. CONTENTS. Sec. 1.541. School directors to have power to issue bonds for school purposes. Sec. 1542. Issue to be determined by qualified electors. Sec. 1545. Bonds not to be issued until boundaries of school districts have been established. Sec. 15 47. Assessor to inake assessment of district after boundaries are established. Sec. 1541. — Chapter i, Compiled Lazvs of iSgy, Regarding the Issuance of Bonds by School Districts, Amended by Chapter 8i, Lazvs of ipoj. That school directors shall have power and authority to borrow money for the purpose of erecting and completing school houses by issuing negotiable bonds of the district, to run any period of not less than twenty years nor exceeding thirty years, drawing interest at a rate not to exceed six per centum per annum, with interest payable semi-annually, at such a place as the board of directors -issuing the same may direct, which said indebtedness shall be binding and obligatory on the school districts for the use of which said loan shall be made; but no district shall permit a greater outstanding in- debtedness than an amount equal to four per centum of the assessed value of the property of such district Sec. 1542. — Issuing of Bonds to be Determined by Qualified Electors. Term and Disposition of Bonds. That the directors of any school district may submit to the voters of their district at the annual or any special meet- ing called for that purpose, the question of issuing bonds as contemplated by this act, giving the same notice of such meet- ing as is now required to be given for the election of directors by this act, and the amount proposed to be raised by the sale of such bonds, which question shall be voted upon by the qualified electors of the district, and if a majority of all the votes cast upon that question be in favor of the issue of such bonds, then said board shall issue bonds to the amount voted, in denominations of not less than twenty-five dollars, nor ex- ceeding five hundred dollars, due not less than twenty, nor more than thirty years after date, and redeemable at the 66 COMPILATION OI' THE SCHOOL LAWS pleasure of the district at any time after ten years, which said bonds shall be given in the name of the district issuing them and shall be signed by the president of the board of directors to the county treasurer, taking his receipt therefor, and said county treasurer shall advertise for the sale of said bonds to the highest bidder, in at least four issues of some weekly paper published in his county, or an adjoining county, and shall countersign said bonds when negotiated; the county treasurer shall place the proceeds of such sale of bonds to the credit of the proper district, to be paid out as provided for in the manner of special district tax. The county treasurer shall stand charged upon his official bond with all bonds that may be delivered to him, but any bond or bonds not sold may be returned to the district and the treasurer credited with the same : Provided, That if such bonds are issued for the building of a school house, that the --contractor constructing the same may -receive in payment such bonds at their face value, or at the price offered by the highest bidder. Provided, further, That none of the bonds mentioned in this act shall be sold for less than ninety cents on the dollar. Sec. \54S.— Bonds Not to Be Issued Until Boundaries of School Districts Have Been Bstahlished. That no bonds of any district shall be issued or any special tax levied until the boundaries of said district shall have been established and the property marked by monu- ments or by natural objects as provided by law. The boun- daries of all school districts in this territory, so far as possible, shall coincide with the precinct boundaries, and said boun- daries shall be established by the proper authorities, and the corners thereof marked by monuments or natural objects with the words. District Number , in a permanent manner marked upon them, and an outlined map of the district made, showing the length and breadth thereof, and the proposed loca- tion of the school house ; a copy of said map to be filed with the county superintendent. Sec. 1547. — Assessor to Make Assessment of District After Boundaries Are Established. That in any school district where a special tax is in con- templation of being levied, or of bonds being issued, and after the boundaries of the district have been' properly determined 01^ The te;rritory of new mexico 67 and marked for that purpose, it shall be the duty of the county assessor to visit said district and make an assessment of all taxable property, both personal and real, within said . school district, as fully and completely as he is now required to make the assessment of the county and he shall be governed by the same rules, especially including in such assessment all kinds of livestock which graze wholly within the limit of such district. The county assessor shall provide each board of district directors with a copy of such lists of taxable property in the several districts. CHAPTER I, LAWS OF 1897. Sec. 1548. Sec. 1549. Sec. 1550. Sec. 1552. Sec. 1553. Sec. 1555. Sec. 1556. Sec. 1557. Sec. 1560. Sec. 1561. Sec. 1562. Sec. 1563. CONTENTS. Temporary school fund. Poll tax for benefit of. District clerk to report poll tax. Districts maj^ hold real estate. May condemn lands. Compulsory attendance on school. Actual residents to attend schools. School month and day defined. Exemptions from school tax. Cities and towns, provisions. Free schools to be maintained in. Adjacent territory may be attached for school purposes. Sec. IS4S.— Temporary School Fund. (As amended by Sees. 17 and 19, Chapter 119, Laws of 1903.) That the folloMdng are hereby declared to be and are to be, temporary funds for common school purposes and shall be paid to the county treasurer, to be applied by the county treasurer to the general school fund of each respective county : First. The proceeds of all sales of intestate estates which escheat to the territory. Second. All forfeitures or recoveries on bonds of county, precinct or territorial officers. Third. The proceeds of all fines collected for violation of the penal laws. All moneys accruing under the provisions of this section shall, on or before the first Monday in January, April, July and October in each year, be paid into the county treasury by the officer collecting the same, who shall take duplicate receipts therefor, one of which he shall file in the office of the county clerk, and all officers who fail for two 68 COMPILATION 0? THE SCHOOL LAWS consecutive terms to make such payment and file said dupli- cate receipts with the county clerk, or who shall have failed to make quarterly reports as now required by law, shall be subject to summary removal from office by the board of county commissioners at the next regular meeting thereafter, and shall also be liable to indictment for malfeasance in office and false swearing, and the person so indicted shall upon conviction thereof be ineligible to hold said office for the period of two years thereafter ; and judges of the district court are hereby required at each term to give this section of the law a special charge to the grand jury, which body is au- thorized to especially inquire into and make presentment of offenses committed under this act. Fourth. The proceeds of the sales of lost goods or es- trays. Fifth. All moneys arising from licenses imposed upon wholesale and retail liquor dealers, distilleries, breweries, wine presses, which now pay license or may hereafter be required to pay license. Thirty-three and one-third per cent, of all the moneys arising from the above enumerated sources, when collected, shall be paid into the county treasury to the account of the general county school fund of each county in which collected. The collector, or person paying in the above enumerated mon- eys to the county treasurer shall receive from the county treasurer a receipt in full for the amount paid in. County treasurers shall quarterly, on or before the third Monday in March, June, September and December in each year, notify the county superintendent of schools in their respective counties of all funds coming into their hands for public school purposes during the preceding quarter and the total amount of moneys on hand then available for public school purposes. - Sec. 1549. — Poll Tax. As Amended by Chapter 6i, Laws 1905- That a poll tax of one dollar shall be levied upon all able bodied male persons of the age of twenty-one years or^ over, for school purposes. It shall be the duty of the clerks of the various school districts of the Territory of New Mexico to make out separate lists of all persons liable to pay a poll tax, resident in their respective districts and the said clerk shall receive three dollars, to be paid out of any funds in the OF TH^ TERRITORY OF NEW MEXICO 69 hands of the directors of said school district for such services, and no other person shall receive a recompense for such ser- vice. It shall be the duty of the said school district clerk to collect said poll tax and said clerk shall receive ten per centum of all moneys collected from poll taxes. The school district clerks are hereby empowered to bring suit in the name of the school district for the collection of said poll tax, if not paid within thirty days after the first demand has been made for the payment of same from any person so delinquent. All poll taxes shall be paid to the county treasurer for the use of the respecitve school districts in which the same are collected, and the treasurer shall pay to the school district clerk his • percentage of the gross amount collected: Provided, That no resident of any school district shall pay his poll tax to any other district than the one in which he resides : And, Provided, further. That no poll tax shall be received by any district clerk from any resident of any other school district. No prop- erty shall be exempt from execution in suits for collection of poll taxes and the justices of the peace and constables shall not demand fees in advance for such suits. Sec. XSSQ.—Duty of District Clerk in Respect to Poll Tax. Amended by Chapter 6i, Lazvs ipoj. It shall be the duty of the school district clerks to make at least four copies of the names of persons liable to pay poll tax, and on the first Monday in February he shall post one of said lists in some conspicuous place in their respective dis- tricts for the information of the people, and on or before the first Monday in April the school district clerks shall report to the county clerk a complete list of said persons liable to pay a poll tax in their respective districts, and shall report said list to the county superintendent in writing, and shall report to said superintendent the amount of poll tax col- lected, from whom collected, the names of persons still delin- quent and the reasons for said delinquency, and further, one list of such persons liable to pay a poll tax shall be filed in the ofiice of said clerks. Sec. 1552. — District to Acquire Real Bstate. That it shall be lawful for any district to take and hold in its corporate name, under the provisions of this act, so much real estate as may be necessary for the location and construc- tion of a school house and convenient schools : Provided, That « 70 COMPILATION OF THE SCHOOI. LAWS the real estate so taken, otherwise than by consent of the owner, shall not exceed one acre. The site so taken must be situated on some public highway or thoroughfare. Sec. 1553. — Condemnation of Land. That if the owner of any such real estate refuse or neglect to grant the necessary site on his premises, then and in that case the directors may acquire title to so much of said land as is necessary for school purposes, in the manner now provided by law for the condemnation of land for railroads or other public purposes, and such lands so taken shall be deemed to be taken for public use. Sec. 1555. — -Compulsory School Attendance, Proviso. (As amended by Chapter 39, Laws 1903 and Chapter 121, Laws 1909.) Sub-Section 1. That the school directors or board of any school district, town or city in this territory, are hereby empowered and required to compel parents, guardians or other persons having the control, care or direction of child- ren, when such children do not attend some private or denomi- national school, to send such children under their control to the public school during the entire time such school is in session in each scholastic year in their respective school communities, except that children referred to in 'this act shall not be less than seven nor more than fourteen years of age, or of such physical disability as to unfit them for school duties, which disability shall be certified to by some regular practicing physician : Pro- ■vided, That the private or denominational school shall be equal in its teaching to the public school of the district; and Provided, further, That this section shall not apply to children who live more than three miles from a public school. Sub-Section 2. Any parent, guardian or other persons having the control of children and who shall fail or refuse to send such children to school as required by this act, after the clerk of the school district or the clerk of any town or city school board shall have given public notice containing the substance of this act, written or printed in both English and Spanish, by posting same in some conspicuous place at three separate points within the district, or publishing the same in some newspaper within the district, shall be punished upon conviction thereof by a fine of not less than $5 nor more than $25, or by imprisonment for not more than ten days in any county jail : Provided, That if such parent, or OP the: territory Olf NEW MEXICO 71 guardian is not able, by reason of poverty, to buy books for any such child, it shall be the duty of any school board of any town, district or city, upon the facts being shown to the satisfaction of a majority thereof, to purchase, through the county superintendent, or through the district, town or city superintendent, if there be one, the necessary books for the use of said child or children, which books shall be loaned to said indigent pupil during the school term, yet shall re- main the property of the district under the care and custody of the district clerk : Provided, further, That a sum not ex- ceeding $50 may be expended in any district in any one year for supplying indigent children with such ifecessary books to be paid for out of the school fund of such district, by warrants drawn as in other cases : And provided also. That there is no school taught within two miles of the place of residence of said child by the nearest established road. Sub-Section 3. County superintendents are hereby vested with general supervisory powers in this matter and shall require directors to comply with the provisions of the pre- ceding section; and it shall be the duty of the presiding judge of the district court to give, at each session of the court, the substance of this law as a special charge to their respective grand juries, and it is made the duty of the district attorneys to give particular heed to the prosecution of causes growing out of violations of this act; and all fines so collected for the violation of this act shall be paid into the county treasury and placed to the credit of the school district in which the offense occurs. Sec. 1556. — Actual Residents Permitted to Attend School Re- gardless of Race or Nationality. (As amended by Chapter 78, Laws 1901.) That pupils who are actual residents of a district shall be permitted to at- tend school in the same, regardless of the time when they acquire such residence, whether before or after the enumera- tion. That any teacher, school directors, or members of any board of education connected with the common schools in this territory wlio shall refuse to receive any pupil at school on account of race or nationality, the said pupil being entitled to attend school in said district as hereinbefore provided, shall be guilty of a misdemeanor, and upon conviction before any justice of the peace or district court, shall be fined in a sum of not less than fiftv dollars nor more than one hundred, 72 COMPILATION OF THE SCHOOI. I,AWS and imprisoned in the county jail for three months, and shall be forever barred from teaching school or to hold any office of honor or profit in this territory. * Sub-Section 1. That the superintendent of the county is by this act required to summarily remove from office or employment any person violating the provisions of the pre- ceding section, and upon failure to do so he shall be removed from office by the superintendent of public instruction, who is hereby authorized and empowered to fill said vacancy. Sec. 1557. — Defiuiliuii of School Day and Month. That the school month shall consist of four weeks, of five days each, and a school day shall consist of six hours. Sec. 1560. — Property Exempt from School Taxes. That the following classes of property shall be exempt from taxation for school purposes : Property of the United States, of this territory, of counties, cities, towns and other municipal corporations, when devoted entirely to public use, and not held for pecuniary profit ; all public libraries ; the grounds, buildings, books, papers and apparatus of literary, scientific, benevolent, agricultural and religious institutions, and societies devoted exclusively to the appropriate object of those institutions, and not leased or otherwise used with a view to pecuniary profit ; and cemeteries not held for pecuniary profit : Provided, That mines and mining claims shall pay a tax upon the net product and upon the surface improvements only. Sec. IS61.— Municipalities Governed by Provisions of This Act. All cities and towns now organized by virtue of the authority of former acts, and all cities and town hereafter organized under any law of this territory, shall be governed by the provisions of this act. Sec. 1562. — Schools in Municipalities Free; Uxceptions. In each city or town governed by this act there shall be established and maintained a system of free common schools, which shall be kept open no less than three nor more than ten months in any one year, and shall be free to all children 'residing in such city or town, between the ages of five and twenty years. But the board of education may, when school OF THE TERRITORY OF NEW MEXICO 73 room accommodations are insufficient, exclude for the time being children between the ages of five and seven years. Sec. 1563. — When Adjacent Territory May be Attached to Municipality, for School Purposes. Territory outside the city limits, but adjacent thereto,, may be attached to such city or town for school purposes, upon application to the board of education of such city or town by a majority of the electors of such adjacent territory, and upon such application being made to the board of education they shall, if they deem it proper and to the best interests of the school of said city or town and the territory seeking to be attached, issue an order attaching such territory to such city or town for school purposes and to enter the same upon their journal, and such territory shall, from the date of such order be, and compose a part of such city or town for school purposes only, and the taxable property of such adjacent territory shall be subject to taxation, and shall bear its full proportion of all expenses incurred in the erection of school buildings and in maintaining the schools of such city or town. Whenever the territory so attached shall have attained a popu- lation equal to that of any ward of such city or town, or whenever the taxable property of such attached territory shall equal that of any one ward of such city or town, such at- tached territory shall be entitled to elect two members of the board of education, who shall be elected at the same time that other members of the board are elected, by the qualified electors of such territory, at an election to be held at such place as the board of education may designate. 74 COMPUTATION OF THE SCHOOI. ,1,AWS BOARDS OF EDUCATION IN CITIES AND TOWNS. Sec. 1564. Sec. 1565. Sec. 1566. Sec. 1567. Sec. 1568. Sec. 1569. Sec. 1570. Sec, 1571. Sec, 1572. Sec. 1573. Sec. 1574. Sec. 1575. Sec. 1576. Sec. 1577. Sec. 1578. Sec.' 1579. Sec. 1580. Sec. 1581. Sec. 1582. Sec. 1583. Sec. 1584. Sec. 1585. Sec. 1586. Sec. 1587. Sec. 1588. Sec. 1589. Sec. 1590. Sec. 1591. Sec. 1592. Sec. 1597. See. 1600. Sec. 1601. ' CONTENTS. Board of education in cities and towns. May hold real estate. Deeds, how to be executed. Boards, how elected. Vacancies, how filled. General powers. When officers shall be elected, Treasurer to give bond. No member to receive pay. Duties of president. Duties of vice-president. Duties of clerk. Clerk to give bond. May levy additional tax. Tax to be paid in money. Regular and special meetings. Annual report. Contracts to be let to lowest bidder. Sectarian doctrines not to be taught. All school property exempt from taxation. Election may be ordered for issuing bonds. Mayor to call election for. Bonds, how signed. Tax levy for interest and sinking fund. Coupons, how paid. School fund pledged for payment. Bonds to be registered. Officers to take oath and give bond. Transfers of school property. Transfers of school property ratified. Property to be transferred to school district, Unsold parcels of land to be deeded to Board of Education. Sec. 1564. — S,chool Boards to be Bodies Corporate. The public schools of each city organized in pursuance of this act shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of the Board of Education of the City, (or Town) of , of the Territory of New Mexico, and in that name may sue or be sued, and be capable of contracting and being contracted with, of holding and conveying such real and per- sonal estate as it may come into possession of by will or otherwise, or as is authorized to be purchased by the provisions of this act. Sec. 1565. — School Property to be Conveyed to Local Board of Bducation. Any city or town is hereby authorized and required, OF THE TERRITORY OE NEW MEXICO 75 upon request of the board of education of such city or town, to convey to said board of education all property within the limits of any such city or town heretofore purchased by any such city or town for school purposes and now held and used for such purpose, the title to which is vested in any such city or town. Sec. 1566. — Hozv Deed Shall be Bxecuted. All conveyances for the property mentioned in the preced- ing section shall be signed by the mayor and attested by the clerk of said city or town, and shall have the seal of the city or town affixed thereto, and be acknowledged by the mayor of such city or town, in the same manner as other conveyances of real estate. Sec. 1567. — Boards; How Bleated. Incorporated Towns Not . Subdivided Into Wards, to Elect Boards of Education. At each annual city or town election, there shall be a board of education, consisting of two members from each ward, elected by the qualified voters thereof, one of whom shall be elected annually, and shall hold his office for a term of two years, and until his successor is elected and qualified: Provided, That no member of the board of education shall be a member of the council or town trustees, nor shall any mem- ber of the council or town trustees be a member of the board of education. That all incorporated towns in the territory not laid off in wards shall at the next municipal election elect a board of education, consisting of three members, one of whom shall serve for the term of three years, one for the term of two years, and one for the term of one year, and thereafter at each annual election there shall be elected one member of the board, who shall serve for the term of three years. Each member of the board of education shall be a qualified voter of the Territory of New Mexico, and shall have resided in the district at least two years next preceding the election, and shall be a taxpayer. Sec. 1568. — Vacancies; Hozv Filled. The board of education shall have power to fill any vacancy which may occur in their body : Provided, That any vacancy occurring more than ten days previous to the annual election and having an unexpired term of one year, shall be filled at the first annual election thereafter, and the ballots and returns 76 COMPUTATION Ot the; SCHOOIy I^AWS of elections shall be designated as follows : To fill unexpired term. Sec. 1569. — To Elect Officers, and Bstablish High School, When Necessary. The board of education shall have power to elect their own officers, except the treasurer; to make their own rules and regulations, subject to the provisions of this act; to or- ganize and maintain a system of graded schools; to establish a high school whenever in their opinion the educational inter- ests of the city demand the same, and to exercise the sole control over the schools and school property of the city or tov/n. Sec. 1570. — When Officers Shall be Elected. The board of education at its regular meeting in May of each year, shall organize by the election of a president and vice-president "from among its own members, each of whom shall serve for the term of one year, or until their successors are elected and qualified ; they shall also elect a clerk, who shall hold his office during the pleasure of the board, and who shall receive such compensation for his services as the board may allow. Sec. 1571. — Treasurer of Municipalities Bx-Officio Treasurer of Board of Uducatioii. The treasurer of the city or town shall be ex-officio treasurer of the board of education, and shall give such bond to the board of education as the board may require, said bond to be approved by the board of education and filed with its clerk. It shall be the- duty of the treasurer to deposit daily all money belonging to the board of education, in some re- sponsible bank, to be designated by the board of education, in the name of such treasurer as such officer, which bank shall pay interest on monthly average balances as may be agreed upon by such bank and the board of education, and be- fore making such deposit the board of education shall take from such bank a good and sufficient bond in a sum to be designated by the board of education, conditioned that such deposit shall be paid on the check or draft of said treasurer. The treasurer shall attend all the meetings of the board when required to do so ; shall prepare and submit in writing a monthly report of the finances of said board, and shall pay OF THE TERRITORY OF NEW MEXICO 77 school moneys only upon a warrant signed by the president, or in his absence, by the vice-president, and countersigned by the clerk. The treasurer shall receive from the board of edu- cation fifty dollars per annum for his services as treasurer, and no more. Sec. 1572. — No Member of Board of Education to Receive Pay, No member of the board of education shall receive any pay or emolument for his services. Sec. 1573. — Duties of President of Board of Education. It shall be the duty of the president to preside at all meet- ings of the board of education, to appoint all committees, whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the treasurer for school moneys. Sec. 1574. — Duties of Vice-President of Board of Education. It shall be. the duty of the vice-president to perform all the duties of the president, in case of his absence or disability. Sec. 1575. — Duties of Clerk of Board of Education. It shall be the duty of the clerk to be present at all meetings of the board, to keep an accurate journal of its proceedings, to take charge of its books and documents, to countersign all war- rants "for school moneys drawn upon the treasurer by order of the board of education, and to perform such other duties as the board of education or its committees may require. Sec. 1576. — Clerk Shall Give Bond. Before entering upon the discharge of his duties, the clerk of the board of education shall give bond in the sum of one thousand dollars, with good and sufficient sureties, to be ap- proved by the board, conditioned upon the faithful performance of the duties of his office. Sec 1577.— When and How Additional Tax May be Levied. The board of education shall, on or before the first day of August of each year, levy a tax for the support of the schools of the city or town for the fiscal year next ensuing, not exceeding in any one year five mills on the dollar, on all personal, mixed and real property within the district which is taxable according to the laws of the Territory of New 78 COMPILATION OF THE SCHOOL LAWS Mexico for school purposes, which levy shall be apf)roved b}- the city council or town trustees, and when so approved the clerk of the board shall certify to it to the county clerk, who is hereby authorized and required to place the same on the tax roll of said county, to be collected by the collector of the county as are other taxes, and paid over by him to the treasurer of the board of education of whom he shall take a receipt in duplicate, one of which he shall file in his office, and the other he shall forthwith transmit to the clerk of the board of education. This section shall not be construed to change, alter, modify or amend section one thousand five hundred and fifty-eight or any part of the act of which it is an amendment, with reference to the amount to be raised by taxation for school purposes; but the provisions of this section with reference to taxation for schools under this section, and said law shall be held and taken to be in addition to the provisions of the act above referred to in this section. Sec. 1578. — Property Subjpcf to Taxation. ■ The taxable property of the whole city or town, including the territory attached for school purposes, shall be subject to taxation. All taxes collected for the benefit of the schools shall be paid in money, and shall be placed in the hands of the treas- urer, subject to the order of the board of education. Sec. 1579. — Regular and Special Meetings of Board of Education. The regular meetings of the Board of Education shall be upon the first Monday of each month, but special meetings may be held from time to time, as circumstances may demand. Sec. 1580. — Reports of Board of Education, Printing and Distribution of. The board of education, at the close of each school year, or as soon thereafter as practicable, shall make an annual re- port of the progress, prosperity and condition, financial as well as educational, of all the schools under their charge; and said report, or such portion of it as the board of education shall consider of advantage to the public, shall be printed, either in a public newspaper or in pamphlet form, and a copy furnished the county and the territorial superintendent. Sec. 1581 . — Bxpenditures; Limitations. No expenditure involving an amount greater than two of THE TERRITORY Of NEW MEXICO 79 hundred dollars shall be made, except in accordance with the provisions of a written contract, and no contract involving an expenditure of more than five hundred dollars, for the pur- pose of erecting any public buildings or making any improve- ments, shall be made except upon sealed proposals, and to the lowest responsible bidder. Sec. 1582. — Sectarian Doctrines Not to be Taught. No sectarian doctrine shall be taught or inculcated in any of the public schools of the city or town. Sec. 1583. — School Property Exempt Prom Taxation. All property held by the board of education for the use of public schools shall be exempt from taxation, and shall not be taken in any manner for any debt due from the city. Sec. 1584. — Election May he Ordered For Issuing Bonds. ■ Terms of Bonds. Any city or incorporated town in this territory which shall, by the action of its common council, trustees or school directors, have purchased any ground and building or build- ings, or may hereafter purchase any ground and building or buildings, or has commenced or may hereafter commence the erection of any building or buildings for school purposes, or which shall have by its school directors, common council or trustees, contracted any debts for the erection of such building or buildings, or the purchase of such ground and building or buildings, or such school directors, trustees or common council shall not have the necessary means with which to complete such building or buildings, or to pay for the purchase of such ground and building or buildings, or pay such debt, may on filing by the school directors, trustees or common council of said city or town of a report under oath with the board of education of such city or town, showing the estimated or actual cost of any such ground and building or buildings, or the amount required to complete such building or buildings, or purchase such ground • and building or buildings, or the amount of such debt, it shall be lawful for the board of ' education to order an election for the issuing of bonds of said school district in said city or town, to an amount to liquidate such 'proposed indebtedness. And the said boards of education are hereby authorized and empowered to issue such bonds in conformity with the requireemnts, and in like man- ner that school bonds are issued. And the said boards of edu- 80 COMPILATION OF THE SCHOOL LAWS cation are authorized and empoweerd to issue bonds to raise funds for the purchase of school site or sites, or to erect a suitable building or buildings thereon, or to fund any bonded indebtedness for school purposes of such city or town : Pro- 7'ided, That no bonds shall be issued until the question shall be submitted to the people and a majority of the qualified electors who shall vote on the question, at an election called for that purpose, shall have declared by their votes in favor of issuing such bonds. The rate of interest on such bonds shall not exceed six per cent, per annum, payable annually or semi-annually, at such place as may be mentioned upon the face of said bonds, which bonds shall be payable in no less than twenty, nor more than thirty years from their date, and the board of education is hereby authorized and empowered to sell such bonds at not less than par. Sec. 1585. — HlccHons to Vote Bonds. How Canceled. Returns. It shall be the duty of the mayor of each city or toAvn governed by this act upon the request of the board of educa- tion, forthAvith to call an election, to be conducted in all respects as are the elections for city or town officers in the same cities or towns, except that the returns shall be made to the board of education for the purpose of taking the sense of such district upon the question of issuing such bonds, naming in the procla- mation of such election the amount of bonds asked for, and the purpose for which they are to be issued. Sec. 1586. — Bonds; by Whom Executed, and JVhat They Shall Specify. The bonds, the issuance of which is provided for in the foregoing section, shall be signed by the president, attested by the clerk, and countersigned by the treasurer of the board of education; and said bonds shall specify the rate of interest and the time when principal and interest shall be paid, and each bond so issued shall be for a sum of not less than fifty dollars. Sec. 1587. — Tax Levy Par Interest and Sinking Pund. The board of education at the time of its annual levy of taxes for the support of schools, as hereinbefore provided, shall also levy a sufficient amount to pay the interest as the same accrues on all bonds issued under the provisions of this act, and also to create a sinking fund for the redemption of said bonds, which it shall levy and collect, in addition to the rate per cent, authorized by the provisions aforesaid for school OF the: territory 01^ NEW MEXICO 81 purposes; and said amount of funds, when paid into the treas- ury, shall be and remain a specific fund for said purpose only, and shall not be appropriated in any other way except as hereinafter provided: Provided, There shall be no levy for sinking- fund until ten years after the issue of such bonds, if they be for twenty years ; and twenty years after the issue if they be for thirty years and the levy in any one 3-ear shall not exceed five mills on the dollar for such sinking fund, and the total levy in any one year shall not exceed ten mills on the dollar for all purposes: Provided, further. That the levy for interest on such bonds as may be issued by such city or town shall not exceed in any one year an amount required to pay the annual interest. Sec. 1588. — Coupons to he Promptly Paid, and How Canceled. Whenever the interest coupons of the bonds hereinbefore authorized shall become due, they shall be promptly paid, on presentation, by the treasurer, out of any money in his hands collected for that purpose, and he shall endorse upon the face of such coupons in red ink the w^ord, Paid, and the date of pay- ment, and sign the initials of his name. Sec. \S^9.—School Funds and Property Pledged in Payment of Interest. The school fund and property of such city or town and territory attached for school purposes, is hereby pledged to the payment of the interest and principal of the bonds mentioned •in this act, as the same may become due. Sec. 1590. — Duty of Clerk to Register Bonds. It shall be the duty of the clerk of the board of education to register, in a book provided for that purpose, the bonds issued under this act, and all warrants issued by the board, which said register shall show the number, date, and amount of said bonds, and to whom made payable. Sec. 1591. — Official Oaths and Filing of. Each member of the board of education and officer pro- vided for in this act shall take and subscribe an oath or affirma- tion to support the Constitution of the United States and the laws of New Mexico, and faithfully perform the duties of his ofiice. The oath and bond of the clerk shall be filed with the 82 COMPILATION OF THE SCHOOL LAWS treasurer, and all other oaths and bonds shall be filed with the clerk. Sec. 1592. — Previous Transfers Legalised. That all transfers of school district property heretofore made in any school district in this territory are hereby de- clared valid and legal, and hereafter school district property shall not be transferred by school boards, except upon the petition of a majority of the qualified electors of any school district desiring such transfer. Sec. 1597. — Legalising Transfer of School Property. That all transfers of school district property heretofore made by any school board in any school district in this terri- tory are hereby declared valid and legal and all such transfers are hereby ratified and confirmed. Sec. 1600. — Board of Trustees to Transfer Certain Property to School Districts. When the corporate authorities of any town, or the pro- bate judge of the county, for any county in this territory in which any town may be situated, shall have entered at the proper land office the land or any part of the land settled and occupied at the site of such town, pursuant to and by virtue of the provisions of the act of Congress, entitled, An Act for the Relief of Citizens of Towns Upon Lands of the United States Under Certain Circumstances, passed May 23rd, 1844, and any amendments that may be made thereto, or where such land may be entered by the proper authorities under and by virtue of any special act of Congress, and where the cor- porate authorities have failed, or hereafter fail, to comply with the provisions of Chapter 3, Title 40, and any blocks, lots, shares or parcels of said land remain unsold, the title to said unsold blocks, lots, shares or parcels of land shall vest, and be in the school district in which said land is located, and it shall be the duty of the' board of trustees of such town to transfer, by proper deed of conveyance, said unsold blocks, lots, shares or parcels of land to the board of education of such school district. Sec. 1601.— Unsold Parcels of Land to be Deeded to the ^ Board of Education. Within thirty (30) days after the passage of this act, the board of trustees of any town, located as above and hav- ing unsold blocks, lots, shares or parcels of land therein, shall deed the same to the board of education of such school dis- OF TPIE: Te;RRITORY OE" new MEXICO 83 trict, in case said unsold blocks, lots, shares, and parcels of land have not been heretofore transferred to the said board of education ; and any transfer of such unsold' blocks, lots, shares, or parcels of land heretofore made by the board of trustees of any town to the board of education 6i such school district are hereby declared valid and legal, and all such trans- fers are hereby ratified and confirmed. APPRAISERS. Sec. 1602. Sec. 1603. Sec. 1604. Sec. 1605. Sec. 1606. Sec. 1607. Sec. 1608. Sec. 1609. Sec. 1610. Sec. 1611. CONTENTS. Appraisers to be appointed. Duty of appraisers. Lots not to be sold for less than appraisement Public sale to be advertised. Sale may be continued. New appraisements, when. Proceeds of sale, how applied. Persons having improved may purchase. Purchaser to pay certain expenses. Deeds, how executed. Sec. 1602. — Boards of Appraisers to be Appointed. The board of education of any such school district, after such unsold blocks, lots, shares or parcels of land shall be conveyed as above provided, shall appoint by order or reso- lution a board of appraisers, to consist of three freeholders of any school district, who shall have no interest in said unsold blocks, lots, shares or parcels of land or the improve- ments thereon. Each of said appraisers shall take an oath to faithfully discharge his duties as such appraiser and shall file such oath in the office of the clerk of said board of educa- tion before commencing his duties as such appraiser. In case such appraiser should fail or neglect to make, the appraisement hereinafter specified and file the same with the clerk of such board of education within ten days after their appointment, then said board may appoint a new board of appraisers for the purpose herein provided. Sec. 16Q3. — Duty of Appraisers. Said appraisers shall appraise all such blocks, lots, shares, and parcels of land thus conveyed to such board, of education, at their just and full cash value, and file their written ap- praisement as aforesaid. Said appraisement shall contain a 84 COMPILATION OF THE! SCHOOL LAWS description of each lot or parcel of land so appraised and a statement of the cash value of each lot and parcel of land so appraised. Said appraisers shall make a separate statement of the value of such lots and parcels of land without improve- ments and the aggregate value of both ; there shall be attached to such appraisement a written affidavit of the said appraisers, verifying each statement of such appraisement and alleging that each of said lots or parcels of land is appraised at its just and full value. Sec. 1604. — Lots May he Sold at Not Less than Appraised Value. Any or all of said lots may be sold at any time by such board of education either at public vendue to the highest bid- der for cash, or at private sale for cash, in the discretion of the board of education : Provided, That ho block, lot, share or parcel of land- shall be sold for less than the appraised value thereof. Sec. \60S, —Procedure in Respect to Sale of Lots. When any said blocks, lots, shares, or parcels of land are to be sold at public vendue, the president of the board of education shall give notice, signed in his official capacity, of the time and place of sale of blocks, lots, shares or parcels of land to be sold, by advertisement, published in the county where such school district is situated, or if no ncAvspaper is published in- said county, then in the newspaper published near- est said school district. Such public sale shall be advertised to be made at some public place in said town, and to be sold at some specified time between the hours of sunrise and sunset. Sec. 1606. — Hozv Offered For Sale. Such lots or parcels of land shall be offered for sale singly, unless a greater price can be obtained by selling several lots or parcels of land together, in which case several lots or parcels of land can be sold together. Such public sale may be con- tinued, if necessary, from day to day, for a period not to exceed three days at any one sale. Sec. 1607. — New Appraisements. A new appraisement of lots or parcels of land to be sold shall be made in case no appraisement thereof has been made for three months next preceding the date of such sale. Said OF tut TERRITORY OF NEW MEXICO 85 new appraisement shall be made, either by the old board of appraisers, or a new board of appraisers, to be appointed in the same manner and with the same qualifications as the first board of appraisers. New boards of appraisers may be ap- pointed whenever necessary to have any of said blocks, lots, shares or parcels of land appraised for sale. Sec. 160S.— Money; How Applied. The moneys arising from the sale of said blocks, lots, shares and parcels of land, after defraying the expense of such sales, shall be paid into the treasury of such school district and applied to the support and maintenance of free, non-sectarian public schools, within the limits of any such school district, or used and expended by said school district in the erection of school buildings for the use of the public schools of said district and for furnishing such buildings, and for no other purpose. Sec. 1609. — Persons Having Improved, May Purchase. In all cases when prior to the taking effect of this act any person may have entered thereon and improved any lots be- longing to such school district, such person, ^after the report of such board of appraisers, may purchase any of such lots from the said board of education for cash at the appraised value of said lots, exclusive of improvements. Sec. 1610. — Purchaser Shall Pay Certain Expenses. All persons purchasing any lots or parcels of land as above provided shall pay for the drawing, execution and acknowledg- ment of the deed of conveyance, together with fifty cents to the clerk of such board of education, for attestation with seal of said board of education, by the clerk of said board. Sec. 1611. — Deeds, Hozv Executed. All conveyances of lots or parcels of land mentioned in this act shall be signed by the president of the board of educa- tion and attested by the clerk of said board, and shall have the seal of said board of education affixed thereto, and be acknowl- edged by the president of the board of education in the same manner as other conveyances of real estate. 86 COMPILATION 01' THE SCHOOL LAWS ORPHAN'S HOME AND INDUSTRIAL SCHOOL.. CONTENTS. Sec. 1617. How constituted; leg'al designation. Sec. 1618. Board of Supervisors, how constituted. Sec. 1619. Control, how provided for. Sec. 16 20. Children, how provided for. Sec. 1621. Expenses, how paid. Sec. 1622. Orphan children to be placed in families. Sec. 1617. — Hozv Constituted; Legal Designation. From and after the passage of this act the Asylum of the Sisters of Charity of Santa Fe shall be constituted an orphans' home and industrial school for the care, support and education of the orphan and indigent children of the Territory of New Mexico, and to be known and legally designated as the Or- phans' Home and Industrial School of the Territory of New Mexico. Sec. 1618. — Board of Supervisors; Hozv Constituted; Duties. The governor of the Territory of New Mexico, his. grace, the Most Reverend Archbishop of Santa Fe, and Hon. Mari- ano S. Otero, of Bernalillo, are hereby declared a board of supervisors for the said Orphans' Home and Industrial School, and qualified to act as such by virtue of this act, and who shall serve as such board of supervisors for the term of two years, and until their successors shall be appointed by the legislature; but in case of a change meanwhile in the office of governor, the governor succeeding shall immediately be- come a member of such board, and in case of the death, re- signation, absence, removal or inability to act of any one member of said board, the remaining two shall constitute a full board until the appointment of a new member or the re-appearance and re-qualification of the third member, as the case may be. It shall be the duty of said board of supervisors to receive and approve all applications for admission to said Orphans' Home and Industrial School, to pass upon, examine and audit all accounts for the proper carrying on of said in- stitution, and issue vouchers therefor, to visit the said institu- tion from time to time, and faithfully look after the moral and intellectual progress of its inmates. Sec. 1619. — Control; Hozv Provided For. The said Orphans' Home and Industrial School shall be OF THE TERRITORY OF NEW MEXICO 87 under the care, charge, control, and custody of the Sisters of Charity of Santa Fe, subject to the general supervision of the board of supervisors hereby created, and to all orders issued by said board. Sec. 1620. — Children; Hozv Provided For. The said Sisters of Charity, under whose care, custody and control said orphan and indigent children of the terri- tory are hereby placed, are to board, clothe and instruct said children in the common school branches, and shall receive as compensation therefor the sum of ten dollars per month for each of said children so boarded, clothed, instructed and cared for. Sec. 1621. — B.i'penses; How Paid. The costs, charges and expenses which shall be incurred by the said board of supervisors hereby created, from time to time, shall be met and defrayed out of the territorial treas- ury upon the written order of the said board, signed by a- ma- jority of its members. Sec. 1622. — Orphan Children to be Placed in Families. Expenditures Limited; Proviso. It shall be the duty of the probate judges in the several counties to place all orphan and indigent children with some good and responsible person, who will agree to care for, edu- cate and teach them to work for a certain number 'of years, to be agreed upon, and it shall be the duty of said Sisters of Charity to use their best endeavors in like manner to place such children in families for the same purpose : Provided, hozvever, That no more than five thousand dollars shall be expended in any one year of twelve months for the purposes of this act : Provided, Ten children may be kept at Bernalillo, but under the direction of the Sisters at Santa Fe. DIPLOMAS AND DEGREES. Sec. 1624. — Diplomas; Power to Grant. All colleges, universities, and institutions of learning now organized, or that may be hereafter organized, under the pro- visions of the incorporation laws of the Territory of New 88 COMPILATION OF THE SCHOOI. LAWS Mexico, be, and they are hereby, authorized and empowered to grant diplomas, confer degrees and all other literary honors usually conferred by such institutions. ARBOR DAY. Sec. 1625si.—Seco}id Friday of March in Bach Year Set Apart as Arbor Day. Day Designated to be Holiday in ail Public Schools. Governor to Issue Proclamation. The second Friday in March of each year shall be set apart and known as Arbor Day, to be observed by the people of this territory in the planting of forest trees for the benefit and adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in har- mony with the general character of the day so established; Provided, That the actual planting of trees may be done on the day designated or at such other most convenient time as may best conform to local climatic conditions, such other time to be designated and due notice thereof given by the several county superintendents of schools for their respective counties. The day as above designated shall be a holiday in all pub- lic schools of the territory, and school officers and teachers are requi-i-ed to have the schools under their respective charge observe the day by planting of trees or other appropriate exercises. Annually, at the proper season, the governor shall issue a proclamation, calling the attention of the people to the provisions of this act, and recommending and enjoining its due observance. The respective county superintendents of . schools shall also promote by all proper means the observ- ance of the day, and the said county superintendents of schools shall make annual reports to the governor of the territory of the action taken in this behalf in their respective counties. OF THE TERRITORY OF NEW MEXICO 89 4 ELECTIONS. CONTENTS. Sec. 1698. Election day established. Sec. 1699. Terms of county officers. Sec. 1698. — First Tuesday After First Monday in November of Even Years to be Day for Election of Territorial Dele- gate, Members of Legislature and County Officers. The Tuesday next after the first Monday in Novem- ber, in the year 1876, is established as the day in this terri- tory for the election of a delegate to the forty-fifth congress, all the county officers required by law to be elected in this territory, and for members of the legislative assembly of this territory. And the Tuesday next after the first Monday in November in every second year thereafter, is established as the day for the election in this territory of a delegate to the congress commencing on the fourth day of March next there- after, and all county officers required by law to be elected in this territory, and for the election of the members of the legislative assembly of this territory, commencing next after said last mentioned Tuesday. Sec. 1699. — Terms of County Officers to Begin First Day of January After Election and Qualification. Hereafter the terms of office of all county officers, who may be elected according to the provisions of the preceding section, shall commence on the first day of January, next after their election, or as soon thereafter as they may have duly qualified; and the terms of all such county officers, whether now in office or hereafter elected, shall expire on the first day of January, next after said election, or as soon there- after as their successors may have duly qualified. (For contents under County Officers, see Section 1726- 1736). (See Sections 1756-1757). 90 COMPILATION OF THE SCHOOL LAWS FIREMEN. CONTENTS. Sec. 1763. Certificate of five years' service, prima facie evidence to entitle exemption. Sec. 176 4. Penalty for foreman for granting illegal certificates. (Active members of fire companies entitled to certain ex- emptions). Sec. 1763. — Persons Serving Five Years as Firemen in Ter- ritory Untitled to Certificate of Bxem[>tion From Certain Taxes and Military Duties. Any person who has served five years as a fireman in this territory as aforesaid, and who shall present to the clerk of the county in which he resides, the certificate or certificates of the president, foreman or captain of the company or com- panies to which he may have belonged, countersigned by the secretary of the same, shall have the said certificate or certi- ficates recorded by said county clerk in a book which he shall keep for that purpose, and it shall be the duty of said probate or county clerk to return said certificate or certificates, to- gether with his own under seal, to the person entitled thereto, setting forth the name of the company or companies of which said person was a member and the length of time he had served as such, for which the said clerk shall be entitled to a fee of one dollar, to be paid by the person obtaining the cer- tificate. Such certificate shall be received in all courts and places as prima facie evidence that said person is entitled to the exemption herein provided. Sec. 1764. — Fire Company Officials Illegally Issuing Such Certificates Liable to Fine of $^o to $300, Which Shall Go to School District Fund. If the president, foreman or captain of any such fire company, shall knowingly grant or issue any illegal certificate under the provisions of this act, he shall be deemed guilty of a misdemeanor and subject to a penalty in amount not less than fifty, nor more than five hundred dollars for each offense, to to be collected before any court having competent jurisdiction, and when collected, to be paid into the treasury of the public school district where the offense was committed. (See Section 1765-1766). (See Section 1771). OF THE TERRITORY OF NEW MEXICO 91 FENCES. CONTENTS. Sec. 1825. Illegal to use private roads and open fences. Sec. 1826. Persons opening gate for passage over private property, not closing, liable for all damages. Sec. 1827. Failure to close gate also misdemeanor. vSec. 1825. — Illegal to Open Private Fences for Purpose of Using Roads Passing Through Private Property. That it shall be illegal for any person or persons in the Territory of New Mexico, to open any fence or fences of any private individual or individuals, for the purpose of using the road, or roads, passing through the private property of any person or persons. Sec. 1826. — Persons Passing ThrougJi Private Property and Failing to Close .Gate^ Liable for Damages Resulting to Land and Crops. That any person, or persons, who hereafter will open the gate of any fence, or fences, of any person or persons, the same being private property, for the purpose of passing as aforesaid, shall close said gate, and if any person, or persons, so passing, shall neglect to close the gate of any fence or fences after having opened the same, shall be subject and responsible for the damage to the land, crop, or grass of the owner, or owners, of such land, through such neglect ; and such damage shall be appraised as now provided by law. Sec. 1827. — Failure to Close Gate Also Misdemeanor, and Fines Collected to Go to County School Fund. That in addition to the damage provided for in this act, such person or persons, violating the privileges of this act, shall be deemed guilty of a misdemeanor and upon conviction therof before any justice of the peace, shall be fined in a sum not less than five, nor more than ten dollars, to be collected as now provided by law, which fine shall go to the general school fund of the county. 92 COMPUTATION OF THE SCHOOI. I^AWS HIGHWAYS. Sec. 1867. — Persons Attempting to Avoid Payment of Tolls on Toll Roads, Bridges or Ferries, Liable to Fine, Which Shall Go to County Public School Fund. That any such corporation so constructing, keeping, and maintaining any such wagon road, bridge or ferry shall have power and authority to charge, receive and collect the rates, tolls and charges fixed, as aforesaid, from any person or per- sons, companies or corporations so using such road, bridge or ferry, and to prohibit any such persons from using the same until the rates, tolls and charges are paid or tendered ; and any such persons using or attempting to use the same until the rates, tolls, and charges are so paid or tendered shall be deemed guilty of a misdemeanor, and on conviction thereof before any justice of the peace having jurisdiction shall be fined in any sum, for each offense, not less than five dollars, nor more than ten dollars, said fine to go to the public school fund of the county. (District judge may issue a commission to inquire into the lunacy or habitual drunkenness of territorial residents or holders of real estate in the territory). HABITUAL DRUNKARD. Sec. T911. — Committee of Habitual Drunkard or Lunatic to Apply Estate to Maintenance of Charge and Education of Minor Children. The committee of said person found to be a lunatic or habitual drunkard, shall have the management and control of his person and estate, and shall from time to time apply so much thereof as may be necessary for support and main- tenance of himself and family, and for the education of his minor children. (If income insufficient, committee may apply part of principal of personal estate under direction of court, or sell real estate). OF THE TERRITORY OF NEW MEXICO 93 REAL ESTATE OE MINORS. CONTENTS. Sec. 2055a. No person to convej^ property without providing for legiti- mate children. Sec. 2055b. Probate judge may act in such cases. Sec. 2055a. — Unlawful for Persons to Dispose of Property in Territory Without Making Proz'ision for Support and Education of Minor Children. No person who has been, is now, or may hereafter be a citizen of this territory, and who has departed from, or left the same, and who shall have acquired, or may acquire, resi- dence in any other part, leaving in this territory any legitimate children under the age of twenty-one years, shall, either by will or otherwise, sell, convey, nor in any manner dispose of his or her property, real or personal, in this territory, unless he or she shall first have made provision for the support and edu- cation of said minor child or children, to the satisfaction of the probate judge of the county wherein such child or children shall be; and any will, contract, deed, or other instrument in writing whereby it shall be proposed to convey any property contrary to the provisions of this act, shall be and is hereby declared, absolutely void and of no effect, and the same shall not be recorded nor verified in any public record in this terri- tory nor in any county thereof. Sec. 2055b. — Probate Judge or Interested Party May Peti- tion District Judge, who May, after Suit, Decree Sale of Property for Support and Education of Minor Children, and Appoint Guardian for Them. That the probate judge of any county wherein such child or children shall be, or wherein any such property of any such person or persons shall be located, or any other interested party, may file in the district court of such county a peti- tion, addressed to the presiding judge thereof, stating that such child or children of such person or persons is or are within the county, and that such person or persons have prop- erty in said territory, and that said property and the proceeds thereof, or any part thereof, is necessary for the use of said child or children for their own support and education; and that said property, or so much thereof as may be necessary for 94 COMPILATION OF THE SCHOOL LAWS said purposes, may be sold and applied for said uses, which said petition shall be filed in said district court as a bill in equity, and thereupon said suit shall be carried and determined as other causes in equity in said court, and if the court shall be satisfied that the proceeds of said property, or any part thereof, shall be necessary for the support and education of said child or children, the court shall decree in said cause, directing the sale of said property, or so much thereof as may be necessary for the proper sustenance and education of said child or children, and shall appoint a proper person to act as guardian of said child or children, who shall receive and dis- burse the proceeds of any such sale ; and said sales shall be conducted and be made as other sales under a decree in equity in said court. LAND GRANTS. Ser. 2178. — Money front Sale or Lease of Common Lands of Conmuuiity Grants to Go to Public Scliools. ' The money arising from" the sale, lease or other disposi- tion of the common land of any such corporation (community land grant) after defraying the expenses of such corporation, may be by the board of trustees of any such corporation ap- plied to the support and maintenance of free, non-sectarian public schools within the limits of any such land grant or real estate. MILITIA. Sec. 2279. — Superintendents of Territorial Military Schools Having Uniformed and Equipped Cadets, io Serve on Governor's Staff. Report of Annual Inspection of Such Schools to Appear in Report of Adjutant General. That all military schools within the territory, the cadets of which are fully uniformed and equipped, shall be entitled to have the superintendent of said school commissioned as aide-de-camp on the staff of governor and commander-in- chief, with the rank of major, in addition to the number of aide-de-camp hereinbefore provided for. - The governor and OF" The territory of new MEXICO 95 commander-in-chief shall cause an annual inspection to be made of the discipHne, courses of study, and general manage- ment of all military schools within the territory, a report of which inspection shall appear in the annual report of the ad- jutant general. (See Sections 2373-2388). RENTS AND TOLLS OF WATER WORKS. Sec. 25 IL — Proceeds of Rents and Tolls of Water Works in Disincorporated Municipalities to he Applied in Various Ways, Including Support of Schools. All moneys which may be received as the proceeds, rents, tolls or charges of any water works, water or other property of such disincorporated city or town shall be applied : First, to pay the employes provided for in the next preceding sec- tion to keep such water works and other property in repair; second, to pay the interest on the funded indebtedness of such corporation ; third, to create a sinking fund with which to purchase, redeem or pay off such funded indebtedness or any part thereof, from time to time as such board of county commissioners may elect ; fourth, after all such funded indebt- edness shall be paid, then to the support of all public non-sec- tarian schools within the limits of such city or town as existed at the time of such disincorporation, unless otherwise provided by law ; such dispositions to be made in the order before stated. (See sections 2523-2528). (See sections 2611-2616). ' OBSTRUCTION OF STREETS. Sec. 2677. — Illegal to Impede Travel on Streets and Alleys by Structures, Excavations or Obstructions, Though One- Third of Street May be Occupied by Building Material. It shall, be illegal for any person to impede or obstruct the free travel of the streets or alleys of any city or town of 96 COMPILATION OF" THE SCHOOL LAWS this territory ; and any person or persons who shall obstruct, impede or embarrass the free transit of any street or alley within any to^^'n or city of this territory, either by the con- struction of cow or sheep pens, or by excavations or any other embarrassment or obstruction, of whatsoever nature it may be, shall be liable to a fine in any sum not less than five dollars nor more than ten dollars, on conviction thereof before the justice of the peace of the respective precinct: Provided, That every person actually occupied in the construction or building of a house may use for his building materials one- third part of the street or alley contiguous thereto. Sec. 2678. — Justices of Peace to Cause Streets io he Cleared of Cattle and Sheep Pens, Excavation and Impediments. Justices Palling to Comply Liable to Pine. It shall be the duty of the various justices of the peace of the different precincts in this territory, as soon as they receive this act, to cause the streets or- alleys of the towns or cities within their respective precincts to be cleared, and all pens, either for cattle or sheep, excavation or any other impedi- ment to be immediately removed by the person or persons maintaining the same; and if the person or persons keeping such obstructions refuse to remove the same, said justice of the peace shall cause said impediment or obstruction to be removed at the cost of the person maintaining the same: Provided, That if any justice of the peace of any precinct of this territory shall fail to comply with the duties on him imposed by this act, on conviction thereof, before the justice of the peace of the county in which such refusal was com- mitted, he shall be fined in any sum not less than five nor more than ten dollars, for each time he may so be convicted. Sec. 2679. — Pines Imposed Under This Act to Co to Connty School Pund. The fines imposed by virtue of the above sections shall be paid into the school fund of the county in which the same w^ere imposed. OF the: territory of NE:w MEXICO 97 LICENSES. CONTENTS. Sec. 4125. License to be issued for what period. Sec. 4141. Occupation tax imposed. First — Peddler's license. Second — Dealers in merchandise not exceeding $10,000. Third — Dealers in merchandise $10,000-$20,000. Fourth — Dealers in merchandise $20,000-$50,000. Fifth — Dealers in merchandise $50,000-$75,000. Sixth — Dealers in merchandise $75,000-$100,000. Seventh — Dealers in merchandise over $100,000. Sec. 4142. Real estate agents. Sec. 4143. Insurance agents. Sec. 4144. Hotels or inns, livery stable keepers and stage lines. Sec. 4145. Pawnbrokers. - Sec. 4146. Places of amusement. Sec. 4147. How applications for license to be made. Sec. 4148. Licenses payable in advance. Sec. 4149. Penalty for violation of provisions of act. Sec. 4150. Laws regarding liquor and gaming licenses not affected by this act. Sec. 4152. Nickle-in-the-slot machines to be licensed. Sec. 4153. Penalty for failure to comply with requirements of this act. Sec. .4125. — Liquor License Taxes to he Collected Annuallv. Officers Delivering License Before Tax is Paid, to Forfeit to School Fitud Double Anwunt of License. (As amended). Eveiy license herein provided for, (liquor) shall be issued annually, to be issued and collected and the proceeds to be disposed of as provided by law. Any officer who shall deliver to the applicant any such license until the tax thereon has been paid as herein provided, shall forfeit to the said school fund double the amount of said license, to be recovered upon the official bond of said officer. Sec. 4141. — License Taxes to be Imposed Annually on Certain Business, Half to Go to School Fund. That a license tax or occupation tax, one-half to be paid into general school fund, and one-half to the general current expense fund of the respective counties, shall be imposed each year upon the hereinafter mentioned business or avocations carried on by any person within the Territory of New Mexico : First (As Amended). Specifying Amount of Peddler's License. Peddlers traveling on foot, or with one animal shall pay two hundred and fifty dollars ; peddlers with two animals or 98 COMPUTATION OF THE SCHOOL LAWS more, three hundred dollars : Provided, That each vehicle used ill such business by the same peddler shall require each a separate license, and such license so issued to any peddler shall only be good in the county in which the same may be issued. All persons who may engage in any itinerate trade, by sample or otherwise, selling at retail to individual purchasers who are not dealers in the article sold, except in the selling of maps, books, newspapers, fuel, fruits, and domestic machinery, shaU be considered peddlers within the meaning of this act. Second (As Amended). Tax for Dealers in Merchandise, Other Than Liquors, Whose Sales Do Not Exceed $io,- 000 Annually. Dealers in merchandise other than liquors, whose annual sales do not exceed three thousand dollars ($3,000.00) shall pay a license tax of five dollars ($5.00) per annum. Dealers in merchandise other than liquors, whose annual sales exceed three thousand dollars ($3,000.00) and do not exceed ten thousand dollars ($10,000.00) shall pay a license tax of ten dollars ($10.00) per annum. Third. — Tax for Dealers in Merchandise, Other Than Li- quors, Whose Sales Run, Prom $io,ooo to $20,000 An- nually. Dealers in merchandise, other than liquors, whose annual sale exceeds ten thousand dollars, and do not exceed twenty thousand dollars, shall pay a license tax of twenty dollars per annum. Pourth. — Tax for Dealers in Merchandise, Other Than Li- quors, Whose Sales Run Prom $20,000 to $50,000 An- nually. Dealers in merchandise, other than liquors, whose annual sale exceeds twenty thousand dollars, and do not exceed fifty thousand dollars, fifty doMars. Pifth. — Tax for Dealers in Merchandise, Other Than Liquors, Whose Sales Run Prom $50,000 to $J 5,000 Annually. Dealers in merchandise, other than liquors, whose annual sale exceeds fifty thousand dollars, but do not exceed seventy- five thousand dollars, seventy-five dollars.- 01- ■ Till' TFvRRlTCRY OF NEW MEXICO 99 Sixth. — Tax for Dealers in Merchandise^ Other Than Liquors, Whose Sah^s Run From' $/^,ooo to $100,000 Annually. Dealers in merchandise, other than Hquors, whose annual sale exceeds seventy-five thousand dollars, and do not exceed one hundred thousand dollars, one hundred dollars. Seventh. — Tax for Dealers in Merchandise, Other Jliaii Li- quors, Whose Sales Exceed $100,000 Annually. Dealers in merchandise, other than liquors, whose annual sale exceeds one hundred thousand dollars, one hundred and fifty dollars. Sec. 4142. — Real States and Collection Agents JVorking on Cofiiniission to be Taxed $10 Annually. All real estate, or collection agents, or those who buy and sell rear estate on commission, or engaged in the collec- tion of rents from real estate on a percentage or commission, shall pay the sum or amount of ten dollars per annum. Sec. 4143. — Insurance Agents Taxed $10 Annually. All insurance agents, or those engaged in the business as agents in soliciting or issuing life or fire insurance, shall pay the sum of ten dollars per annum. Sec. 4144. — (As Amended). — Taxes for Hotel and Restau- rant Keepers, Ozi'iiers of Livery Stables and Stage Lines Specified. (As Amended). Keepers of hotels, inns or restaurants, where food or lodging is provided, and whose annual receipts exceed dhe thousand dollars, and do not exceed two thousand dollars shall pay a license tax of twenty dollars per annum ;' those whose annual receipts exceed two thousand dollars, and do not exceed five thousand dollars shall pay a license tax of forty dollars per annum, and all whose annual receipts exceed five thousand dollars, shall pay a license tax of sixty dollars per annum-. All keepers of livery or feed stables and owner of stage lines shall pay a license tax of ten dollars per annum. The provisions of this section shall not apply to private boarding houses where food or lodging is not furnished to travelers or transients. 100 COMPILATION OF THE SCHOOL LAWvS Sec. 4145. — Pawnbrokers to he Taxed $2^0. All pawnbrokers, or persons whose business is to trade or receive by way of pledge or pawn, any kind of personal property as security for the repayment of money loaned, or advanced, shall pay a license tax of two hundred and fifty dollars : Provided, That this section shall not apply, nor said license tax be required of any person advancing money, and taking such security, who shall not be regularly engaged in such business of pawnbroker. Sec. 4146. — Buildings and Premises for Public Amusements to be Taxed, Unless Used in Whole or Part for Bduca- tional Purposes. All persons who are the owners, or have under their con- trol or management any building or premises used as a place of public amusement or entertainment and who shall rent, or hire the same for theatres, public balls and public entertain- ments for hire, where such hall or building has a seating- capacity of three hundred persons, shall pay a license tax of ten dollars per annum, and where such hall or building has a seating capacity of more than three hundred persons, shall pay a license tax of twenty-five dollars per annum : Provided, This shall not apply to any building used in whole or in part as an educational institution. Sec. 4147. — (As Amended). — Applicants for License Tax, Other Than Liquors or Gamming Tables, to Pill Out Appli- cation Under Oath. Duties of Assessor and County Clerk, and Penalty for Delivering License Before Receiving Col- lector's Receipt. ' (As Amended). Every person, firm or corporation who is required to pay an occupation or license tax other than for the sale of liquors or for games or gaming tables, shall, before doing business, make out an application, under oath, stating the names of the applicants, the character of the business for which the license is desired, the place where such business is to be conducted, the time the license is to run, and, if the amount of the license tax is to be graded by the amount of business to be done, or by any other condition relating thereto, then such application shall also state the amount of busi- ness done the preceding year, or if no business has been trans- OF The; territory oF ni^w me^xico lOl acted, then the approximate amount of the annual business expected to be done by the appHcant, or the conditions required to be known in order to determine the Hcense tax to be paid. The appHcation, when so made out, signed and sworn to shall be presented to the assessor of the county in which the business is to be done, who shall assess and fix the amount of such license tax, and notify the applicant of the amount to be paid. The applicant shall then pay the amount of such license tax to the collector of the county, who shall issue a receipt therefor and deliver the same to the assessor. Upon receiv- ing such receipt, the assessor shall enter a description of such application in the list rec[uired by section 4155 as amended in section 5, of this act, and deliver the application collector's receipt to the clerk of his county. The county clerk shall file such application and receipt in his office for future reference, and enter a description of such application .in an index to be kept for that purpose, and he shall then issue, under his hand and seal, a license to do business setting forth the name of the applicant, the kind of business to be transacted, the place where such business is to be carried on, the amount of the license tax imposed and the time the license shall expire, and deliver the same to the applicant. The assessor shall be en- titled to receive a fee of fifty cents for such assessment, and the clerk shall receive a like amount for making out such license, both fees to be paid by the applicant. Any county clerk who shall issue and deliver any such license before receiv- ing the collector's receipt for the license tax for the business to be carried on, shall be deemed guilty of a misdemeanor, and, upon conviction be fined not less than fifty dollars nor more than one hundred dollars for each offense, and be' sub- ject to removal from office. Sec. 4148. — License Taxes of This Act to be Paid in Advance, and One-Half to Go to County School Funds. The license tax provided for in this act shall be payable in the current funds of the United States only, and payable in advance, but such license may be applied for and taken out quarterly, semi-annually or annually, and the amount of such tax, when collected by the collector of the county, one-half shall be paid over by him to the county treasurer for the use of the school funds, and one-half to the said county treasurer of the county to the credit of the current expense fund of said county. 102 COMPILATION OF TliK SCHOOL, I,A\VS Sec. 4149 (As Amended). — Firms or Individuals Attempting to Engage in Business JVithout Paying Requisite Tax, to Forfeit Double Amount of Tax. Penalty for Refusal to l^ake Out Business Lieense. (As amended.) Any person, firm, or corporation who shall engage in or carry on any business or avocation, for which a license is required without having paid such tax, shall be required to pay double the amount of such tax for the time which has expired from the beginning of such busi- ness or avocation until a legal application for a license shall have been made ; and if such person, firm or corporation shall refuse or neglect to take out a license, and pay the penalty above mentioned, for thirty days after receiving notice from the assessor, a notice such as is required by section 41.55 as amended by section 5 of this act, shall be deemed guilty of a misdemeanor, and, upon conviction, be fined any sum not less than fifty nor more than one hundred dollars, or be im- prisoned in the county jail not more than six months. Sec. 4150. — Taws Regarding Liquor and Gaming License Not Affected by This Act. The provisions of this act shall in no manner annul, repeal, revoke, change, alter, or amend any of the laws of this terri- tory respecting the licenses required of wholesale or retail dealers in vinous, malt, or spirituous liquors, or the law regu- lating the licensing games of chance, but shall only be applica- ble to the business in the vocations herein especially mentioned. Sec. 4152. — Operators of Nickel-in-the-Slot Machines to Pay Annual License of $^o for County School Fund. Purely Musical or IVeighing Machines and Those Not Gambling Devices Excepted. That all persons, firm, company, or corporation, owning, operating, or conducting any nickel or penny-in-the-slot ma- chines, or other slot machines, within the Territory of New Mexico, shall pay an annual license of fifty dollars per year for each and every one of such machines so owned, operated or conducted, which license shall be issued by the probate clerk and paid to the officer now authorized by law to collect licenses, and shall be applied to the general county school fund : Provided, That no nickel-in-the-slot machine used purely as a OF THE TERRITORY OF NKVV MEXICO 1103 musical instrument, for weighing or other similar purposes and not as a gambling device or game of chance, shall be re- garded as coming under the provisions of this act, and the owner or operator of such last mentioned machines or ma- chine shall not be required to pay license upon or for operating the same. Sec. 4153. — Persons Failing to Comply IVitli Rcqiiireuieitts of Preceding Section Liable to Fine, Which Shall Go to Gen- eral County School Fund. Any person, firm, company, or corporation who shall re- fuse or fail to comply with the provisions of section four thousand one hundred and fifty-two shall be fined by a fine of not less than ten dollars, nor more than one hundred, which fine shall be collected by action as now provided by law for the collection of fines, and when so collected shall go to the general county school fund. (See section 4176 et seq.). (See sections 4177-4184). 104 COMPILATION OP* THE SCHOOI^ LAWS Territorial Educational Institutions. COMPILED LAWS OF 1897, AS AMENDED. te;rritoriai, institutions. Sec. 3550 (As Amended). — Designated Territorial The New Mexico College of Agriculture and Mechanic Arts, the University of New Mexico, the New Mexico School of Mines, the New Mexico Normal School at Silver City, the New Mexico Normal University at Las Vegas, the New Mexico Military Institute at Roswell, the New Mexico Insane Asylum, the New Mexico Asylum for the Deaf and Dumb, the New Mexico Institute for the Blind shall be known as Terri- torial institutions. NEW MEXICO COLLEGE OF AGRICULTURE AND MECHANIC ARTS. CONTENTS. Agricultural College and Experiment Station created. Curriculum. When and where board shall organize. Powers of regents. Location of Experiment Station. Assent of legislature given to act of congress giving money to college for stations. Power of board to enact laws for government of college. Several departments intrusted to faculties. Regents authorized to erect buildings. Regents authorized to appropriate money to erect build- Part of government money to be applied for their support. Acceptance of Congressional grant for Agricultural Col- Sec. 3551. Sec. 3552. Sec. 3554. Sec. 3555. Sec. 3557. Sec. 3558. to col Sec. 3559. Sec. 3560. Sec. 3562. Sec. 3566. ings. Sec. 3567. Sec. 3767a. lege. Sec. 355 L — Agricultural College and Station Created. There is also hereby created and established an institu- tion of learning, to be known as the Agricultural College and OF THE TERRITORY OE NEW MEXICO 105 Agricultural Station of New Mexico. Said institution is hereby located at or near the town of Las Cruces, in the County of Dona Ana, upon a tract of land of not less than one hun- dred (100) acres, contiguous to the main Las Cruces irrigat- ing ditch, south of said town, and now owned by Jacob Schaublin, and which said land shall, within six months from the passage of this act, be donated and conveyed by said Schaublin, free of any cost and expense, to the Territory of New Mexico for such purpose: Provided^ That no improve- ments or buildings, as hereinafter provided for, shall be made or erected upon such land until deed is duly executed, re- corded and filed in the office of the Secretary of the Territory, as hereinafter provided. Sec. 3552. — To be Institution of Learning; to be Non- Sectarian. The Agricultural College and Agricultural Experiment Station, created and established by this act, shall be an in- stitution of learning open to the children of all the residents of this territory, and such other persons as the board of re- gents may determine, upon such terms, rules and regulations as may be prescribed by said board of regents; shall be non- sectarian in character and devoted to practical instruction in agriculture, mechanic arts, natural sciences connected there- with, as well as a thorough course of instruction in all branches of learning bearing upon agriculture, and other industrial pursuits. Sec. 3553. — Curriculum. The course of instruction of the college hereby created shall embrace the English language, literature, mathematics, philosophy, civil engineering, chemistry and animal and vege- table anatomy and physiology, the veterinary art, entomology, geology and political, rural and household economy, horticul- ture, moral philosophy, history, mechanics and such other sciences and courses of instruction as shall be prescribed by the regents of this institution of learning. The management of said college and experiment station, the care and preservation of all property of which such institution shall become pos- sessed, the erection and construction of all buildings necessary for the use of said college and station, and the disbursement and expenditure of all moneys provided for by this act shall be vested in a board of five regents. Said five regents shall 106 COMPILATION OF the: SCHOOL LAWS possess the same qualifications, shall be appointed in the same way, and the terms of office shall be the same, and vacancies shall be filled in like manner as is provided in section three thousand five hundred and seventy-one and three thousand five hundred and seventy-two, with reference to the regents of the territorial university. Said regents and their succes- sors in office shall constitute a body corporate, with the name and style of the Regents of the Agricultural College, of New Mexico, with the right as such of suing and being sued, of contracting and being contracted with, of making and using a common seal, and altering the same at pleasure, of causing all things to be done necessary to carry out the provisions of this act. A majority of the board shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. Sec. 3554. — IVItcii and IVhcrc Board Shall Organise. The board shall meet and organize by the election of its said officers at said town of Las Cruces, or at the said college grounds, and in the said county of Dona Ana, on the second Wednesday in November, A. D. 1889. The officers then elected and their successors in office shall be the same, be elected in the same manner, at the same time, and possess the same qualifications, and the regents and officers shall perform their duties as provided for the regents and 'officers of the University of New Mexico in this act. Sec. 3555. — Powers of Rcgorls. The regents shall have the power and it shall be their duty to enact laws for the government of the said Agricultural College and Experiment Station. Sec. 3556. — Further Poivers. The board of regents shall direct the disposition of any moneys belonging to or appropriated to the Agricultural Col- lege and Experiment Station established by this act, and shall make all rules and regulations necessary for the government and management of the same, adopt plans and specifications for necessary buildings and superintend the construction of said buildings, and fix the salaries of professors, teachers and other employes, and the tuition fees to be charged, in said college. OF THE TERRITORY OF NIJW MFXICO 107 Sec. 3557. — B.vperiment Station, to he Located Upon Land Upon Which College is Situated. The Agricultural Experiment Station provided for in this act in connection with said Agricultural College shall be like- wise located upon the land referred to in section three thou- sand live hundred and fifty-one, and it shall be under the direc- tion of the said board of regents of said college for the purpose of conducting experiments in agriculture according to the terms of section one of an act of Congress approved March 2, 1887, and entitled, An act to establish agricultural experiment stations in connection with the colleges established in the sev- eral states under the provisions of an act approved July 2. 1862, and of the acts supplementary thereto. The said college and experiment station shall be entitled to receive all the bene- fits and donations made and given to similar institutions of learning in other states and territories of the United States and territories by the legislation of the Congress of the United States now in force or that may hereafter be enacted, and par- ticularly to the benefit and donations given by the provisions of an act of Congress of the United States entitled. An act donating public lands to the several states and territories, which may provide colleges for the benefit of agriculture and mechanic arts, approved July 2, 1862, and of all acts supple- mentary thereto^ including the act entitled, An act to establish agricultural experiment stations in connection with colleges established in the several states under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto, which said last mentioned act was approved March 2. 1887. Sec. 3558. — Assent of Legislation Given to Act of Congress, Granting Mojiey to College for Stations. The assent of the legislative assembly of the Territory of New Mexico is hereby given in pursuance of the requirements of section three thousand and five hundred and seventy-one of Congress, approved March 2, 1887, to the granting of money therein made to the establishment of experiment stations in accordance with section one of said last mentioned act, and assent is hereby given to carry out, within the Territory of New Mexico, all and singular the provisions of said act. Sec. 3559. — Pozver of Board to Enact Lazvs for Government of College. The board of regents shall have power and it shall be 108 COMPUTATION 0^ THi; SCHOOI. I.AWS their duty to enact laws for the government of the Agricul- tural College and Experiment Station, and the meetings of said board may be called in such manner as the regents may prescribe. Sec. 3560. — Several Departments Intrusted to Faculties. The immediate government of the several departments shall be intrusted to their respective faculties, but the regents shall have the power to regulate the course of instruction and prescribe, under the advice of the faculty, the books and au- thorities to be used in the* several departments, and also to confer such degrees and grant such diplomas as are usually conferred and granted by other agricultural colleges. The regents shall have power to remove any officer connected with the Agricultural College or Experiment Station when, in their judgment, the best interests of the college require it. Sec. 3562. — Regents Authorized to Brect Buildings. The board of regents of the Agricultural College and Agricultural Station of New Mexico are hereby authorized and instructed to apply to the construction of buildings, etc., of the sub-Agricultural Experiment Station, provided for by this act, the sum of five thousand dollars, appropriated by the legislative assembly of New Mexico for the Agricultural Experiment Station in the County of San Juan, under, and by, the provisions of House Bill No. 81, being an act entitled, An act and resolution authorizing the governor to receive certain moneys from the United States, accepting the terms of the act of congress appropriating the same and providing for the disposition thereof. Sec. 3566. — Regents Authorized to Appropriate Money to Brect Buildings. The board of regents of the Agricultural College and Agricultural Station of New Mexico is hereby authorized and empowered to apply to the construction of buildings, etc., upon the lands donated to each of said branch agricultural experi- ment stations provided for by this act, out of the moneys hereinafter levied and collected, the sum of not less than two thousand five hundred dollars to each of said experiment stations. of THE^ territory of new MEXICO 109 Sec. 3567. — Part of Government Money to he Applied for Their Support. The board of regents of the Agricultural College and Agricultural Station of New Mexico is hereby authorized and instructed to apply to the support and maintenance of each of the branch agricultural experiment stations hereby created so much of all the mone3^s now on hand and hereafter received from the government of the United States, under and by virtue of an act of the Congress of the United States, approved March 2, 1887, and entitled An act to establish agricultural experiment stations in connection with the colleges established in the several states, under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto, as can be applied by said board of regents in justice to the Agricultural College of New Mexico, at Las Cruces, and the experiment stations hereby and heretofore established in other portions of the territory. Sec. 3567a. — Acceptance of Congressional Grant for Agri- cultural College. The assent of the legislative assembly of the Territory of New Mexico is hereby given in pursuance of the require- ment of section two of an act of Congress entitled, An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of Cong'ress approved July 2, 1862, approved August 30, 1890, to the granting of moneys for the benefit of the Agricultural College of the Territory of New- Mexico, and the said legislative assembly accepts and con- sents to all of the terms and conditions of said act of Congress, and assent is further given to carry out within the Territory of New Mexico, all and singular, the provisions of said act of Congress. 110 COMPILATIOJ^ OF TH^ SCHOOL LAWS THE UNIVERSITY OF NEW MEXICO. CONTENTS. Sec. 3568. Creation and location of University. Sec. 3 56 9. Intended for State University. Sec. 3570. Objects. Sec. 3571. Board of regents to have control. Sec. 357 2. Terms of office of regents. Sec. 3573. To be body corporate. » Sec. 3574. Organization, secretary to give bond. Sec. 3575. President; his duties. Sec. 3576. Regents to make rules, etc. Sec. 3577. Departments to be established. Sec. 3 5 78. Faculties to have charge of departments. Sec. 3 57 9. Open to children of all residents. Sec. 3580. To be non-sectarian. Sec. 3581. Meetings, quorum. Sec. 3582. Erection of buildings. Sec. 3583. Regents may lease part of University grounds. Sec. 3584. Regents may contract for payment of rent. Sec. 3 58.5. Building, when completed, may be purchased. Sec. 3586. Territory not liable. Sec. 3587. Commissioner to select lands. Sec. 3588. Commissioner to act. Sec. 3589. Sub-division and filing. Sec. 3590. Surveyed lands, to claim. Sec. 3591. Coinmissioners report to legislature. Sec. 3568. — University of New Mexico Created ; JVliere Located. There is hereby created and estabHshed within and for the Territory of New Mexico an institution of learning to be known as the University of New Mexico. Said institution is hereby located at or near the town of Albuquerque, in the county of Bernalillo, within two miles north of Railroad avenue, in said town, upon a tract of good, high and dry land, of not less than twenty acres, suitable for the purposes of such institution, which said land shall, within six months from the passage of this act, be donated and conveyed, free of any cost and expense, to the Territory of New Mexico, by G. W. Mey- lert : Provided, That no improvements or buildings as here- inafter provided for shall be made or erected upon such land until such deed is duly executed, recorded and filed in the oiflce of the Secretary of the Territory, as hereinafter provided. Sec. 3569. — University Intended for State University; When Territory Admitted. The University of New Mexico hereby created and estab- OI' THE TERRITORY OE NEW MEXICO lU lished, is intended to be the state university when New Mexico shall be admitted as a state into the Union, and as such is en- titled to all the donations of land and all other benefits under all acts of Congress now in force or hereafter to be enacted for the benefit of such educational institutions in the future state. Sec. ZS70.— Objects. The object of the university hereby created shall be to provide the inhabitants of the Territory of New Mexico and the future state with the means of acquiring a thorough knowl- edge of the various branches of literature, science, and arts. Sec. 3571. — Control Reposed in Board of Regents; Regents, How Appointed. The management and control of said university, the care and preservation of all property of which it shall become possessed, the erection and construction of all buildings neces- sary for its use, and the disbursement and expenditure of all moneys appropriated by this act, shall be vested in a board of five regents, to consist of five qualified voters, who shall be owners of real estate in this territory. Said fi^'e members of the board of regents shall be appointed, in the manner now provided by law for the appointment of territorial officers, not earlier than the first day of September, nor later than the first day of October next after the passage of this act, and vacancies occurring in said board shall be filled in the same manner as is now provided liy law for the filling of vacancies in other territorial offices. Sec. 3572. — Their Terms of Offiee. The board of regents provided for in this act shall be appointed, one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years : Provided, That all appointments made to fill vacancies caused by death, resigna- tion or otherwise shall be for the unexpired term of the in- cumbent, whose place shall have become vacant. All other appointments made subsequent to the appointment of the first Board of Regents provided for in this act shall be for the 112 ' COMPILATION OF THH SCHOOL LAWS term of five years, and until the appointment and qualification of a successor to such appointee. Sec. 3573. — To he a Body Corporate. The regents of the university and their successors in office shall constitute a body corporate under the name and st)de of The Regents of the University of New Mexico, with the right, as such, of suing and being sued, of contracting and being contracted with, of making and using a common seal and altering the same at pleasure. Sec. 3574. — Organization, Secretary to Give Bond. The board of regents of the University of New Mexico shall meet and organize by the election of its officers at Albu- querque, in said Bernalillo county, oil the second AVednesday in November, A.. D. 1889. The officers then elected shall hold their offices until the second Monday in March, A. D. 1891, when their successors shall be elected, and said elections shall occur annually on the second Monday in March in each year thereafter; all officers so elected shall hold their offices until their successors are duly elected and qualified. At such elec- tions they shall elect a president and secretary and treasurer from their number. The person so elected as secretary and treasurer shall, before entering upon the discharge of his du- ties as such, execute a good and sufficient bond to the Territory of New Mexico, with two or more sufficient sureties, residents of this territory, in the penal sum of not less than twenty thousand dollars, conditioned for the faithful performance of his duties as such secretary and treasurer, and that he will faithfully account for and pay over to the person or persons entitled thereto all moneys which shall come into his hands as such officer, which said bond shall be approved by the governor of the territory and shall be filed with the territorial secretary. Sec. 3575. — President; Duties. The president of said board shall be the chief executive officer, shall preside at all meetings thereof, except that when he is absent the board may appoint a president pro tern, and sign all instruments required to be executed by said board. He shall also generally direct the affairs of said university, nominate, and by and with the advice and consent of the board of regents, appoint all professors, tutors, instructors and OF THE TERRITORY OF NEW MEXICO 113 other employes necessary to the proper conduct of said uni- versity; and in Hke manner shall be determined the amount of their respective salaries, subject to the provisions of this act. The secretary and treasurer shall be the financial and recording officer of said board, shall keep a true and correct account of all moneys received and expended by him, shall attest all in- struments recjuired to be signed by the president, and shall keep a true record of all the proceedings of said board and generally do all other things required of him by said board. Sec. 3576. — Pozver of Regents to Make Rules, Btc. The regents shall have power and it shall be their duty to enact laws, rules and regulations for the government of the university. Sec. 3577. — Departments to he Bstahlished. The university shall have departments, which shall here- after be opened at such times as the board of regents shall deem best, for instruction in science, literature and the arts, law, medicine, engineering and such other department? and studies as the board of regents may, from time to time, decide upon, including miltiary training and tactics. Sec. 3578. — Government of Departments Intrusted to Their Pacidties. The immediate government of the several departments shall be intrusted to their respective faculties, but the regents shall have the power to regulate the course of instruction, and prescribe the books and authorities to be used in the several departments, and also confer such degrees and grant such diplomas as are usually conferred and granted by other uni- versities. The regents shall have power to remove any officer connected with the university when, in their judgment, the in- terests require it. Sec. 3579. — Open to Children of All Residents. The university created by this act shall be open to the children of all residents of this territory, and such others as the board of regents may determine, under such rules and regulations as may be prescribed by said board, whenever the finances of the institution shall warrant it, and it is deemed expedient by said board of regents. 114 COMPILATION OF THE SCHOOL LAWS Sec. 3580. — To he Non-Sectarian. No sectarian tenets or opinions shall be required to en- title any person to be admitted as a student or employed as a tutor or other instructor in said university, but the same shall forever be strictly non-sectarian in character. Sec. 3581. — Meetings, Quorum. The meetings of the board may be called in such manner as the board of regents may prescribe, and the majority of said board shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. Sec. 3582. — Regents Authorized to Contract for Erection of Buildings. That the board of regents of the University of New Mex- ico are hereby authorized and empowered to enter into a contract with some proper person or corporation for the erec- tion of a building on the grounds of the university, suitable for dormitory purposes, and to be used for that and such other purposes as the needs of the university may require : Pro- vid^d, That the said building shall not cost to exceed the sum of twenty thousand dollars. Sec. 3583. — Regents Authorised to Lease Part of University Grounds. Said board of regents are hereby authorized to lease to the person or corporation erecting said building such part of the unversity grounds as may be necessary for a site for said building, together with the right of way over the univer- sity grounds from the public highway to said building, said lease to run for the period of thirty years, unless said building shall be purchased for the uses of the university before that time, in which event said lease shall terminate, and the annual rental to be named in said lease shall be the sum of one dollar. Sec. 3584. — Regents May Contract for Payment of Rent. Said board of regents may contract for the payment of an annual rental for said building when erected, a sum not to exceed eight per cent, on the actual cost of the building after deducting the cost of the insurance and fixed charges : And provided, further, That said building and site shall be exempt from taxation of all kinds. OF the; territory of NEV.- MEXICO 115 Sec. 3585. — Buildings, When Completed, May Be Purchased. The contract so made for the erection of said building shall provide that the same may be purchased for the uses of the university at any time during the said period of thirty years, upon the payment as purchase money therefor the actual cost of the same when erected. Sec. 3586. — Territory Not Liable. By the making of said contract, no obligation shall be imposed upon the territory to carry out the same, or to make any appropriation for the payment of said annual rental, or the purchase of said building, than it otherwise would or shall make, by some other affirmative act, and any appropria- tion hereafter made by the legislative assembly for such pur- poses shall be considered voluntary. Sec- 3587. — Commissioners to Select Lands Authorized. Authority is given to the governor of the territory by this act to appoint a commissioner to choose two townships of land on surveyed land of the public domain within this terri- tory, which have been granted by the general government to establish a university in this territory, in conformity with an act of Congress, approved July 22, 1854, entitled. An act tu create the offices of surveyor general in the Territories of New Mexico, Kansas and Nebraska, to grant lands to actual settlers and for other purposes, in its section six. Sec. 3588. — Commissioners to Act. As soon as said commissioner is appointed, he shall pro- ceed to carry out the provisions of this act. Sec. 3589. — Sub-Division and Filing. When said commissioner shall have selected the two townships on surveyed lands, or that may be hereafter sur- veyed, he shall make legal sub-divisions, not less than one-half section, and shall file a list of land so selected in the office of the surveyor general and the register of the land office of this territory, at Santa Fe : Provided, however. That the expenses for selecting and locating said lands shall not exceed the sum of one hundred dollars, which amount is hereby appropriated to be paid out of the funds of the territory by order of the governor. 116 COMPIIvATlON Of THE SCHOOL LAWS Sec. 3590. — Surveyed Lands, to Claim. The said commisisoner, as herein authorized, shall claim and demand, on lands already surveyed, sections sixteen and thirty-six of each township granted to this territory by organic act of the territory, and by the fifth section of said act of July 22, 1854. Sec. 3591. — Commissioners to Report. Said commissioner shall report to the legislature at its next session, or at the first special session of the legislature which may be hereafter held, his proceedings as herein pro- vided. THE SCHOOL OI^ MINES. CONTENTS, Sec. 3592. Creation of schools. Sec. 3593. Object. Sec. 3594. Management. Sec. 3590. Organization of board. Sec. 3596. Duty of president. Sec. 3597. Secretary and treasurer. Sec. 3598. Powers and duties of board of trustees. Sec. 3599. Government. Sec. 3600. Diplomas and degrees. Sec. 3601. Removal of officers and instrvictors. Sec. 3602. Tuition. Sec. 3603. Fees for assaj^s and other services. Sec. 3604. Intended to be the State School of Mines. Sec. 3505. Preparatory department provided. Sec. 3592. — Neiv Mexico School , of Mines Created. There is also hereby created and established within and for the Territory of New Mexico an institution of learning, to be known as The New Mexico School of Mines. Said in- stitution is hereby located within the limits of the city of So- corro, in the County of Socorro, upon a tract of land cf not less than twenty acres, suitable for the purposes of silch iiisti- tution, which shall be donated and conveyed by a good and sufficient deed, to the Teritory of New Mexico by tne own- ers thereof, free of cost and expense to said territory, which deed shall be executed within six months" from the passage Olf THE TERRITORY OF NEW MEXICO 117 of this act, and no improvement or building, as hereinafter pro- vided for shall be made or erected upon such land until such deed is fully executed, recorded and filed in the office of the secretary of the Territory as hereinafter provided. Sec. ?>S9?>.— Object. The object of the School of Mines created, established and located by this act is to furnish facilities for the education of such persons as may desire to receive instruction in chem- istry, metallurgy, mineralogy, geology, mining, milling, engi- neering, mathematics, mechanics, drawing, the fundamental laws of the United States, and the rights and duties of citizen- ship, and such other courses of study, not including agricul- ture, as may be prescribed by the board of trustees. Sec. 3594. — Management. The management and control of said School of Mines, the care and preservation of all property of which it shall be- come possessed, the erection and construction of all buildings necessary for its uSe, and the disbursement and expenditure of all moneys appropriated by this act, or which shall otherwise come into its possession, shall be vested in a board of five trustees, which shall be qualified voters and owners of real estate in said territory; said trustees shall possess the same qualification, shall be appointed in the same way, and their terms of office shall be the same, and the vacancies shall be filled in like manner as is provided in sections three thousand five hundred and seventy-one and three thousand five hunderd and seventy-two, with reference to regents of the territorial university. Said trustees and their successors in office shall constitute a body corporate, under the name and style of The Trustees of the New Mexico School of Mines, with the right as such, of suing and being sued, of contracting and being contracted with, of making and using a common seal and altering the same at pleasure, and of causing all things to be done necessary to carry out the provisions of this act. A ma- jority of the board shall constitute a quorum for the transaction of business, but a less number may adjourn from time to tim^. Sec. 3595. — Organkation of Board. The board shall meet and organize by the election of its officers at the town of Socorro, in Socorro county, on the sec- ond Wednesday of November, A. D. 1899. The officers then 118 COMPILATION OF THE SCHOOIy I^AWS elected and their successors in office shall be the same, be elected in the same manner, at the same time, and possess the same qualifications as the officers of the University of New Mexico, and the secretary and treasurer so elected shall give bonds in the sum of ten thousand dollars in the manner pro- vided in section three thousand five hundred and seventy-four. Sec. 3596. — Duty of President. The president of said board shall be the chief executive of- ficer, shall preside at all meetings therof, except that when he is absent the board may appoint a president pro tern, sign all instruments required to be executed by said board; he shall also direct the affairs generally of the said School of Mines, shall nominate and by and with the advice of said board of trustees appoint all professors, instructors, tutors and other -employes necessary to the proper conduct of said School of Mines, and in like manner shall determine the amount of their respective salaries, subject to the provisions and restric- tions of this act. Sec. 3597. — Secretary and Treasurer. The secretary and treasurer shall be the financial and re- cording officer of said board, shall keep a true and correct acount of all moneys received and expended by him, shall at- test all instruments required to be signed by the president of said board, and shall keep a true and correct record of all pro- ceedings of said board, and, generally, do all other things re- quired of him by said board. Sec. 3598. — Powers and Duties of Board of Trustees. The board of trustees shall have power and it shall be their duty to enact by-laws, rules and regulations for the gov- ernment of such School of Mines, not inconsistent with the laws of the teritory; and they shall also prescribe the text books to be used, the course of study, the branches to be taught, the number of departments into which said school shall be divided, and to change the same from time to time; to fix the scholastic year, provide apparatus, mineral and geo- logical cabinets, and do all and everything necessary in and about the premises with a view to promoting the best interests of said institution. OF The; territory of new mfxico 119 Sec. 3599. — Government. The immediate government of the several departments shall be intrusted to their several faculties. Sec. 3600. — Diplomas and Degrees. The board of trustees shall have power to confer such degrees and grant diplomas as are usually conferred and granted by other similar schools. Sec. 3601. — Removal of Officers and Instructors. The trustees shall have power to remove any officers, tutor or instructor, or employe connected with said school when in their judgment the best interests of said school require it. Sec. 3602. — Tuition. Said School of Mines shall be a place for instruction in the branches mentioned in section three thousand five hundred and ninety-three, with or without charge to residents of this territory, as shall be deemed best by the trustees, but non-resi- dents shall be admitted to the privileges of such school upon such terms as the trustees shall prescribe. Sec. 3603. — Fees for Assay and Other Services. The board of trustees shall require such compensation for all assays, analysis, mill tests or other services performed by said institution as they may deem reasonable, and the same shall be collected and paid into the treasury of the School of Mines for said institution, and an accurate account thereof shall be kept in a book to be provided for that purpose. Sec. 3604. — Intended for State School of Mines. The institution hereby established as the New Mexico School of Mines is intended to be the state school of mines when New Mexico shall be admitted into the union as a state and it shall be entitled to the benefits of all grants of land and moneys which shall be given to the territory by any act of Congress for the endowment of said institution, and such lands and moneys shall be used for the benefit of this institu- tion, located at Socorro, Socorro county, and for no other purpose. 120 COMPILATION OF THE SCHOOL LAWS Sec. 3605. — Preparatory Department Provided. The New Mexico School of Mines shall, in addition to the course now provided for, maintain a preparatory depart- ment, and that the board of regents of each educational in- stitution herein provided for shall charge as tuition a fee of not less than five nor more than twenty-five dollars per ses- sion for each and every student ; said tuition to be fixed by said board of regents and collected by officers of each institution and accounted for as funds provided by law for maintenance of said institution. NORMAL SCHOOLS. Sec. 3650. Sec. 3651. Sec. 3652. Sec. 3653. Sec. 3654. Sec. 3655. Sec. 3656. Sec. 3657. CONTENTS. Normal Schools established. Location of. Control in five regents. Organization and qualifications of regents. Quarterly meeting of regents. Powers of regents. Duties of president, secretary, treasurer. Compensation of regents. Sec. 3650. — Normal Schools Bstablished. There is hereby created and established at Silver City, in Grant county, and in Las Vegas, in San Miguel county, in the Territory of New Mexico, institutions of learning to be known as the Normal Schools of New Mexico. Sec. 3651. — Location of. Such scnools shall be located upon a tract of land suit ably and pleasantly located, containing not less than twenty acres, and situate not more than one and a half miles from said Silver Citv and Las Vegas, respectively, the location of such land to be approved by the respective boards of regents credited by this act, and the same shall be conveyed to such boards by a good and indefeasible title, in fee simple, within six months after the passage of this act, free of ^..ly cost to the territory or said boards ; and no expenditure of money shall be made, under this act, upon such land until such conveyance is made and accepted by such boards. _That the location oi 0^ THI) territory of NKW MEXICO 121 said normal school at Las Vegas is hereby, fixed, and saio normal school at Las Vegas shall be located upon that certan. triangular tract or parcel of land at the intersection of Na- tional and Main streets, in the incorporated Town of East Las Vegas, and being the tract or parcel of land known and called the Desiderio Romero property, and containing not less than two acres. Sec. 3652. — Control in Five Regents. The control of such normal schools shall be each under a board of five regents, to be appointed by the governor of the territory. In making such appointments for the first time, nne shall be appointed for one year, one for two years, one for +hree years, one for four years, and one for five years, and ^^hereafter appointments shall be made for the term of five years, and at the expiration of the terms of the several mem- bers, or when vacancies may otherwise arise. The member.^ li each such board shall be voters of the territory and the owners of real estate therein, and no more than three ot tnc members of each board shall be of the same political party. Each such board shall constitute a body politic and corporate, and shall have the power to sue and be sued, to contract and be contracted with, and the title to all property belonging to each iuch normal school shall be vested in the respective corporate Dodies and their successors. Sec. 3653. — Organization and Qualification of Regents. Within thirty days after the appointment of each such board, the members thereof shall meet at Silver City and Las Vegas, respectively, at a time to be designated by the gov- ernor of the territory, and each shall organize by the election of one memeber thereof as president and another member as secretary and treasurer, and annually thereafter a meeting of such boards shall be held for the same purpose, but such officers shall hold their offices until their successors shall be elected and qualified. The person who may be elected as secretary and treasurer of each board shall execute his bond, payable to the Territory of New Mexico, for not less than twenty thousand dollars, with at least two frc;ehold sureties, residents of the territory, which shall be conditioned for the faithful performance of the duties of such secretary and treas- urer, and shall be approved by the governor and filed with the secretary of the Territory. 122 COMPUTATION OF THE SCHOOI. LAWS Sec. 3654. — Quarterly Meeting of Regents. Each of said boards of Regents shall hold at least four meetings during each year at their respective normal schools for the purpose of discharging their duties under this act, the time for such meeting to be fixed by such board, and the president of such board may call special meetings therof when in his judgment the business of such schools demands the same. Three members of such boards shall constitute a quorum for the transaction of business. Sec. 3655. — Powers of Regents. (As amended, Laws 1899). Said board of regents shall have full and complete power and control over their re- spective normal schools. Each board shall employ only super- intendent or principal for such school, who shall have the supervision and control of the school under such rules and regulations as may be provided by such board. Such board shall determine and provide as to what branches of learning shall be taught in such school and the classification and order of the same, and shall also direct the number of teachers that shall be employed, and shall determine the compensation to be paid to the superintendent and teachers. Such board shall also prescribe upon what terms and conditions pupils shall be admitted to such school, but no pupils shall be admitted who are not residents of this territory, except on payment of a tuition fee to be prescribed by the board of regents for each term. Sec. 3656. — Duties of President, Secretary and Treasurer. The president of each board shall preside at all meetings thereof and shall sign the proceedings of the same, and shall sign all orders directed by the board to be drawn upon the treasurer thereof for the payment of money. In the absence of the president at any meeting of the board, the members present shall elect a president pro tern. The secretary of the board shall have charge of the records, books, and papers be- longing to such board, and shall keep a record of the proceed- ings of such board, and shall issue and attest all orders directed by the board to be drawn upon the treasurer of the same for the payment of money. Such secretary, as treasurer, shall have the care and custody of all moneys belonging to such school, and he shall pay out the sanue only upon orders OF THE TERRITORY Of NEW MEXICO 123 drawn upon him by direction of the board of regents and signed by the president therof; and at each regular meeting of such board such treasurer shall submit to the same a state- ment showing a full account of the condition of financial af- fairs of such school. Sec. 3657. — Compensation of Regents. The members of the respective boards of regents shall be entitled to the sum of two dollars per day during the time they shall be employed in the actual discharge of their duties, and five cents per mile for each mile necessarily traveled in going to and returning to their places of residence to the place of meeting of such board ; but the person who is elected as secretary and treasurer of such board shall be entitled to receive three dollars per day during the sessions of such board, and mileage as above provided. CHAPTER XVIII. An Act to extend the work oe the new mexico normae schooe at eas vegas, and for other purposes. c. b. 5; Approved February 17, 1899. CONTENTS. Sec. 1, Changes title to "New Mexico Normal University." Sec. 2. Departments for Manual training and a Icindergarten for train- ing school. Sec. 3. To be non-sectarian. Sec. 7. Provides for reimbursing of subscriptions for the completion of Normal School building at Las Vegas. Sec. 1. — Changes the Title to "Nezv Mexico Normal University." That the name and title of the New Mexico Normal School at Las Vegas is hereby changed so that said in- stitution shall hereafter be known and designated as "The New Mexico Normal University." Except as modified or amended by this act, all laws heretofore enacted, or appoint- ments made touching the New Mexico Normal School at Las Vegas are hereby made applicable to and continue in force 124 COMPILATION OF THE SCHOOI, LAWS as to said New Mexico Normal University; and all rights, titles, interest, properties, privileges, grants, or donations which said New Mexico Normal School at Las V^egas now has, or to which it is now, or would have hereafter become en- titled, shall hereafter belong to and inure to the benefit of the said New Mexico Normal University. Sec. 2. — Departments for Manual Training and a Kinder- garten for Training School. There are hereby established as branches or departments of said New Mexico Normal University, to be carried on at Las Vegas, a school of manual training for the Territory of New Mexico, the object of which shall be to instruct pupils and to train and ciualify teachers to teach the use of hands and tools in the various useful arts of practical value to the people of the territory ; and also a kindergarten training school to qualify teachers of the territory to use that system of teaching in the primary schools. Sec. 3. — Shall Be Foreover Strictly Non-Sectarian. Said institution shall be forever strictly non-sectarian in its character and management, and no creed or system of re- ligion shall be taught, practiced, or exercised in it. Sec. 6. — Condemning of Land. Makes Section 36p^ C. L. i8p'/, Applicable to Nezu Mexico Normal University. The provisions of section three thousand six hundred and ninety-three (3693) of the Compiled Laws of New Mexico in 1897, shall be applicable to the New Mexico Nor- mal University with the same force and effect as if said insti- tution had been one of those mentioned therein. Sec. 7. — For Reimbursing Subscriptions for the Completion of the Nezu Mexico Normal School Building at Las Vegas. For the purpose of reimbursing and paying the cost of the completing and equipping the building of the said New Mexico Normal University heretofore subscribed by way of advancement to the territory by certain citizens and institu- tions of Las Vegas and vicinity, there is hereby appropriated the sum of nineteen thousand three hundred dollars, which shall be paid by the territorial treasurer on the warrant of OF* The: TElRRItORY or" NEW MEXICO 125 the auditor to the board of regents of said New Mexico Nor- mal University from time to time as fast as the money be- comes available; a tax sufficient to realize the said sum shall be levied under direction of the auditor, for the fiscal years 1899, 1900, 1901, and collected as other territorial taxes. If the moneys collected from said tax for said years should fall short of the amount required, a tax shall be in like manner levied and collected for the following year to make up the deficiency. Said moneys shall be applied by said board of re- gents -to the repayment of the sums so advanced and paid by them without interest, to the subscribers who have paid the same, or their order, pro rata, without any preference in such manner, and under such regulations as the board of regents may prescribe. Sec. 8. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed, and this act shall take effect from the date of its passage. CHAPTER LXV. An Act to provide eor the disposition of lands granted BY CONGRESS. H. B. No. 219; Approved March 20, 1901. CONTENTS. Sec. 1. Lands Granted by Congress to be divided equally between the Normal University and the Normal School. Sec. 2. Proceeds of sale or lease of lands available for School of Mines. Sec. 1. — Lands Granted for Normal Schools to he Divided Bqually Betzueen the Nezv Mexico Normal University and the Normal School of Nezv Mexico. Funds Not to be Used for Expenses. That the grant of lands to the Territory of New Mexico, of one hundred thousand acres of land for the establishment and maintenance of normal schools, made in and by the act of Congress of the United States, approved June 21st, 1898, en- titled, An act to make certain grants of land to the Territory 126 COMPILATION OF* mt SCHOOL LAWS of New Mexico, and for other purposes, is hereby declared to be for the equal benefit of the New Mexico Normal Univer- sity, located at Las Vegas, and the Normal School of New Mexico, located at Silver City, which are hereby designated and established as the normal school for which said grant was made. All lands now or hereafter located for the normal schools under the said grant shall be held by the territory, subject to disposal as provided by law, for the benefit of the two institutions herein designated, in the proportion of an undivided one-half interest each, and the proceeds of all such lands now or hereafter sold or leased shall be placed to the credit of the said two institutions, as separate funds, in like proportions. Such funds are hereby made available for the use of said institutions for the establishment of permanent equipment or improvement thereof, or for investment, and rnay be drawn in the manner now provided by law for draw- ing other funds, upon resolutions of the board of regents of the institution requiring the same, stating that the money is required for one or more of the above mentioned purposes, to be specified in the resolution; and no part of the principal of such funds shall be used for current expenses, salaries, or any other form of maintenance, but the income derived from the investment of such funds may be so used. Sec. 2. — Proceeds of Sale or Leasing of Lands Available for School of Mines. The proceeds of the sale or leasing of the lands granted by said act of congress for the establishment and mainte- nance of a school of mines are hereby made available for the use of the New Mexico School of Mines, located at Socorro, in like manner, for the same purpose and subject to the same restrictons as provided in section (1) of this act. Sec. 3. This Act shall be in force from and after its passage. O^ THK territory of new MEXICO 127 NEW MEXICO MILITARY INSTITUTE. Sec. 3660. Sec. 3661. Sec. 3662. Sec. 3663. Sec. 3664. Sec. 3665. Sec. 3666. Sec. 3667. Sec. 3668. Sec. 3669. Sec. 3671. CONTENTS. Military Institute established. Seven regents to control. Organization. Regents to maintain institute. Regents, powers of. May sell or dispose of land. Deeds to be signed by president. Fifteen thousand dollars in bonds, authorized. Auditor to levy tax for payment. Proceeds of bonds; how to be used. Regents may increase tuition fee. Sec. 3660. — Military Institute Established. That the Goss MiHtary Institute, located at Roswell, Chaves county, New Mexico, be, and the same shall hereafter constitute one of the educational institutions of this territory, to be known as the New Mexico Military Institute. Sec. 3661. — Seven Regents to Control. That said institute shall be under the supervision and control of a board of seven regents, to serve without compen- sation, consisting of the governor and superintendent of public education, ex-officio, and five citizens to be appointed by the governor ; the term of office of the appointed to be so arranged that one shall retire each year, and after the selection of the first board the term of office of each appointed member shall be five years. Sec. 3662. — Organisation. Upon the appointment of the members of the board, as hereinbefore provided, they shall organize and elect from their number a president and secretary and treasurer, who shall do and perform all the duties that shall be incumbent upon them as such officers. Sec. 3663. — Regent to Maintain Institute. It shall be the duty of the board of regents to establish, maintain and control at Roswell, a military institute for the education and training of the youth of this country, of as high a standard as like institutions in other states and territories. Sec. 3664. — Regents; Powers of. The said board shall have full power and authority to 128 COMPILATION OF THE SCHOOL LAWS make such rules and regulations concerning the government and course of said institute as they may deem proper; to make contracts with teachers ; to erect buildings and make such other improvements as the institute may require. Sec. 3665. — May Sell or Dispose of Land. The said board of regents shall have power to sell, lease or otherwise dispose of, as to them may seem best for the benefit of the institute, the lands and property heretofore do- nated by the citizens of Chaves county to said institute, or that may hereafter be donated, except forty acres surrounding the proposed site of the institute, which shall be forever set apart for the use of the institute. Sec. 3666. — Deeds to be Signed by President. That all deeds for the sale of lands and all contracts made by the said board shall be signed by the president. Sec. 3667. — Fifteen Thousand Dollars, in Bonds, Authorized. An issue of the bonds of the Territory of New Mexico is hereby authorized and directed to be made, in the sum of fifteen thousand dollars, to be known as the New Mexico Military Institute bonds ; such bonds shall be issued in the de- nominations of one thousand dollars each, bearing interest at the rate of five per cent, per annum, the interest payable semi- annually, on the first days of January and July, and principal and interest payable at the Western National Bank, at the City of New York, in the State of New York; said bonds shall be signed by the governor and treasurer of the territory and countersigned by the auditor of public accounts, and shall be made payable in thirty years from July 1st, 1895, but re- deemable at the pleasure of the territory at any time after ten years from their date, which shall be July 1st, 1895, Sec. 3668. — Auditor to Levy Tax for Payment. The auditor of public accounts is hereby directed to levy annually a tax sufficient to pay the interest on said bonds and to give notice of such assessment to the several officers who are charged with the duties of assessment of taxes in the several counties of the territory, who shall assess the same in the same manner that other taxes are required to be 01" the; territory of new mkxico 129 assessed ; and for the final redemption of the principal of said bonds there shall in the same manner be annually levied, after the expiration of ten years from the date of the issuance of said bonds, an annual tax sufficient to provide for the pay- ment of said bonds by or before the maturity therof. Sec. 3669. — Proceeds of Bonds; Hozv to Be Used. Said bonds when so issued shall be delivered to the board of regents of the Nev^ Mexico Military Institute, and negotiated to the best advantage possible, and the proceeds thereof shall be. used by said board of regents in the erection of suitable buildings and for otlner improvements that may be made under the direction of said board of regents for the benefit of the institute; and the surplus, if any, may be de- voted by said board of regents to the use of said institute in ■any manner that may seem best: Provided, hoivever, Said bonds shall not be sold under ninety-five cents, but the neces- sary expense of the negotiation may be deducted : And pro - vided, further, That within six months from /the date of the passage of this act a tract of land of not less than forty acres, suitable for the purpose of such institution, shall be donated and conveyed by a good and sufficient deed to the Terri- tory of New Mexico, free of any cost or expense to said terri- tory; and rto bonds as herein provided shall be delivered for the benefit of such institution until said deed of convevance is executed, and together with other evidence of perfect title to said property in said territory shall have been approved by the solicitor general of said Territory of New Mexico, and filed in the office of the secretary of said Territory of New Mexico. Sec. 3671. — Regents May Increase Tidtion Fee. The regents of the New Mexico Military Institute may charge a larger tuition fee if it is deemed necessary to do so to maintain said institute. 130 COMPILATION OF the; school laws CHAPTER VI. An Act providing for additional buildings for the new MEXICO military institute at roswell. C. B. No. 9 ; Approved February 29, 1901. CONTENTS. Sec. 1. Authorizing an issue of territorial bonds. Sec. 2. Bonds to be issued under direction of territorial treasurer. Sec. 3. Funds for payment of bonds and interest thereon. Sec. 4. Funds derived from rer^tal and sale of lands to be paid to territorial treasurer. Sec. 5. Funds to meet deficiency at maturity of bonds. Sec. 6. Governor and members of the Assembly to appoint cadet. Sec. 1. — Authorising an Issue of Territorial Bonds. An issue of bonds of the Territory of New Mexico is hereby authorized and directed to be made in the sum of twenty-five thousand dollars, to be known as the New Mex- ico Military Institute bonds ; such bonds shall be issued in the denominations of one thousand dollars each, bearing interest at the rate of five per cent, per annum, the interest payable semi-annually on the first days of January and July, and principal and interest payable at the Western National Bank, at the City of New York, in the State of New York ; said bonds shall be signed by the governor and treasurer of the territory, and countersigned by the auditor of public accounts, and shall be made payable in twenty years from July 1st, 1901, but redeemed at pleasure of the territory at any time after ten years from their date, which shall be July 1st, 1901. Sec. 2. — Bonds to he Issued and Negotiated Under Direction of Territorial Treasurer. Said bond shall be issued and negotiated under the di- rection of the treasurer of the territory and the proceeds thereof delivered to the board of regents of the New Mexico Military Institute, and by them shall be used in the erection, equipment and maintenance of suitable additional buildings on the grounds of said institute under the direction of said board of regents for the benefit of the institute : Provided, however, Said bonds shall not. be sold under their face value. OF* THE TERRITORY OF NEW MEXICO 131 Sec. 3. — Providing Funds to Meet Payment of Bonds and Interest Thereon. For the purpose of providing funds with which to meet the payment of said bonds and the interest thereon as the same accrues, it is hereby enacted : First, that all rents de- rived from the lands donated to said Military Institute by the act of Congress approved June 21st, 1898, entitled, "An act to make certain grants of land to the Territory of New Mexico, and for other purposes," and which have been here- tofore or may be hereafter set apart to said Military Institute under the provisions of said act of Congress, shall be ap- propriated to the payment of the interest on said bonds as the same accrues, and said rentals shall not be used for any other purpose unless there shall be a surplus of funds derived from said rentals remaining after the payment of said interest, in which event said surplus shall become a part of a sinking fund to be used in paying said bonds when due; and if said rentals shall' at any time be insufficient for paying said in- terest when due, the auditor of public accounts of the terri- tory is hereby directed to levy annually a tax sufficient to pay any such deficiency and for the purpose of enabling the said levy to be made by the board of public lands shall fur- nish the auditor a statement showing the amount of lands rented and an estimate of the probable amount which will be realized therefrom each year ; and, second, there shall be set apart and appropriated out of the proceeds of the sale of the first twenty-five thousand acres of land so donated and set apart to said Military Institute under the provisions of said act of Congress, all of the moneys derived from such sales, until same, in connection with rentals set apart as aforesaid, if any, shall reach a sufficient sum to pay off the principal of said bonds and also to pay all interest thereon, Avhich may have accrued, and been paid by the territory out of other funds than those derived from rentals of said lands, or which may accrue or become due thereon from time to time. Sec. 4. — Funds Realised From Rentals and Sale of Lands to Be Paid to Territorial Treasurer. All funds realized from said rentals and the sale of said twenty-five thousand acres of said land or so much thereof as may be necessary to provide for the payment of said bonds, principal and interest, shall be set apart and paid over to the 132 COMPILATION or" THE SCHOOL LAWS treasurer of the territory as custodian, to be by him paid out only in payment of the interest on said bonds as the same accrues, and in payment of said bonds when payable : Pro- vided, Any moneys coming into the hands of the custodian as interest upon said sinking fund shall be made a part of said fund. Sec. 5. — Providing Piinds to Meet Any Deficiency at Maturity of Bonds. In event sufficient funds have not been realized from the sale and rentals of said lands for the payment of said bonds, principal and interest, on the first day of January, A. D. 1901, then said twenty-five thousand acres of land, or so much thereof remaining unsold at that time as may be necessary, shall be at once put upon the market and sold by the board of public lands under such regulations and laws as may then be in force, and the proceeds realized from such sale shall go to pay any part of said bonds and interest then unpaid when due and to reimburse the terrritory for all interest paid by it and remaining unpaid in accordance with section four hereof. Sec. 6. — Governor and Members of the Legislature to Appoint Cadet. Amended by Chapter io8, L. 1905. The governor of the territory and each member of the Council and House of Representatives composing the Thirty- fourth legislative assembly and of each succeeding Assembly thereafter of the Territory of New Mexico shall have the privilege of appointing one cadet from his district to said Military Institute, who shall be by the said board of regents received and furnished military training and equipment, tui- tion, lodging and medical attendance, free of cost, and board at actual cost to the institute for the period of two scholastic years, from the first Monday in September after such ap- pointment: "Provided, however, Said cadet so appointed must not be less than fourteen nor more than twenty-one years of age at the time of entering the institute, and subject to other qualifications required by the board of regents. Such appoint- ment shall be made during the Legislative session of 1901, and each session thereafter, except in case of vacancy for any cause whatever, which sliall be filled by the member in whose district it occurs, or by the governor if at large, upon notice from the president of the institute. OF THE TERRITORY OF NEW MEXICO 133 CHAPTER LXIII. An Act amendatory of the law rEi.ating to the new mexico military institute at roswele- h. b. no. 169; Approved March 20, 1901. CONTENTS. Sec. 1. Members of faculty to be aides-de-camp to governor. Sec. 2. Appointment of company and battalion of officers by superin- tendent. Sec. 3. Regarding quartermaster's stores. Sec. 4. Annual inspection. Sec. 5. Commissions for meritorious work. Sec. 1. — Members of Faculty to he Aides-de-Camp to to Governor. That for the better government and enforcement of dis- cipHne in the New Mexico Institute, located at Roswell, the superintendent, commandant of cadets and instructors in said institute shaU be commissioned as aides-de-camp on the staff of the governor and commander-in-chief, in addition to the number of aides-de-camp otherwise provided by law ; the su- perintendent to have the rank of colonel, the commandant of cadets to have the rank of captain, who shall hold office as such during the time they are employed in such capacity in said institute and no longer, and they will be allowed to wear the uniform of their rank while on duty in the institute, and upon all public occasions when the National Guard is under arms or the staff of the Governor and commander-in-chief shall be ordered out. Sec. 2. — Appointment of Company and Battalion of Officers by Superintendent. The superintendent of the Military Institute shall have power to divide the students of the institute into companies and battalions and to appoint company and battalion officers and non-commissioned officers, who shall hold their offices at the pleasure of the superintendent. Commissions shall be issued by the superintendent to company and battalion officers to be known as cadet commissions, which shall be signed by the superintendent and commandant of cadets, and a record 134 COMPUTATION 0^ THE SCHOOL LAWS kept of the same by the commandant showing the date of all such commissions, and the expiration of the same and for what cause. The superintendent shall have power to pre- scribe the number and rank and duties of cadets, and non- commissioned officers, conforming so far as practicable to the laws governing the national guard of the territory. Sec. 3. — Regarding Quartermaster's Stores. It shall be the duty of the superintendent to provide a safe and convenient place for the keeping and preservation of all ordnance and quartermaster's stores received from the territory for the use of the institution, and on or before the thirty-fir-st day of December in each year he shall make a re- port to the adjutant general of the territory of all such stores on hand, and in such report he shall show their condition, whether serviceable or unserviceable, and if any of such stores should be lost or destroyed, the manner of their loss or de- struction. Sec. 4. — Annual Inspection. The governor and commander-in-chief shall cause the adjutant general to make an annual inspection of the discipline, course of study and general management of the Military Institute, a report of which inspection shall appear in the annual report of the adjutant general. Sec. 5. — Commissions for Meritorious Work. The two cadets of the Military Institute who shall at graduation have the highest standing in the graduating class shall receive from the governor and commander-in-chief com- missions as second lieutenants in the National Guard of the territory, and be assigned to duty to fill any vacancy in that grade occurring in any national guard organization stationed in the county of their residence, without examination. All laws, and parts of laws in conflict herewith are re- pealed. OF THE TERRITORY OF NEW MEXICO 135 DEAF AND DUMB SCHOOL. CONTENTS. Sec. 3672. Establishing school. Sec. 3673. Management. Sec. 3674. Committee authorized to reduce tuition fee. Sec. 3675. Committee to provide suitable buildings. Sec. 3676. Salary, tuition fee, etc. Sec. 3677. To be a territorial school. Sec. 3672. — Bstablishiiig School. A school for the education of the deaf and dumb children resident in this territory is hereby established. Sec. 3673. — Management. The school provided for in the next preceding section of this act is hereby placed under management and control of a committee consisting of the attorney general, auditor and treasurer of the territory, who shall make all necessary rules and regulations for the government of the same, and shall have power to employ teachers and fix the salary or compen- sation therefor, and shall fix and regulate the amount to be paid by each pupil ; but they may admit indigent pupils to said school, free of charge, in which event the territory shall pay therefor whatever said committee may allow : Provided, That the total sum to be paid by the territory shall at no time exceed the sum of one hundred dollars per month, and only indigent children between the ages of eight and seventeen years shall be admitted free to said school. Sec. 3674. — Committee Authorised to Reduce Tuition Fee. On a proper showing of facts, said committee shall have power to make a reduction in the amount required to be paid by any pupil, not indigent, where it may appear that said pupil, or its parents, cannot pay the full amount so required. Sec. 3675. — Committee Shall Provide Suitable Buildings. The committee provided for in this act shall provide, at the expanse of the territory, suitable buildings and property, either by renting the same or by purchase, and shall locate said school. Sec. 3676. — Salary, Tuition Fee, Htc. All payments required to be made under the provisions 136 COMPILATION OF THE SCHOOL LAWS of this act, for salary, for tuition fees and support of indigent pupils, and for rents and property, or for anything else to properly carry into effect this act, shall be made out of the territorial treasury, on the warrant of the auditor, who is hereby authorized to draw the same on the order of said com- mittee, or a majority of its members. Sec. 3677. — To he a Territorial School. The school herein provided for shall be a territorial school and shall in no manner be considered a private institution. CHAPTER XLII., LAWS 1899. NLVV MEXICO ASYLUM FOR THE DEAE AND DUMB. CONTENTS. Sec. 1. Creation of Asylum recognized. Sec. 2. Board of trustees, two of whom may be women. Organiza- tion, powers, expenses, etc. Sec. 3. Objects of school^. Instruction free to residents of territory. Sec. 4. Report of deaf and mute children in the territory. Sec. 1. — Act of Teh. 24, 188/ (Chapt.^i) Recognised and Continued. Lands and Improvements Made. Recognized Appropriations Shall he Made for Its Support. The asylum for the education of the deaf and dumb child- ren resident in this territory established by the act of the Ter- ritorial Legislature, approved February 24, 1897, printed in the Session Laws of that year as Chapter XXXI, is hereby recognized and continued as a territorial institution to be hereafter known and called "The New Mexico Asylum for the Deaf and Dumb." And all of the lands, buildings and improvements pur- chased and erected for the benefit of the said asylum in the County of . Santa Fe, shall inure to the benefit of the said Asylum for the Deaf and Dumb ; and pfoper appropriations Oli' THi: TERRITORY OF NEW MEXICO 137 shall be made by the legislature for its continuance and support. Sec. 2. — Provides for a Board of Trustees, Tzvo of Whom May be Women. Organisation. Pozvers. Hxpenses. Make Report. Donation by Congress. "" The said asylum shall be under the control and manage- ment of a board of trustees consisting of the superintendent of public instruction and four other competent persons, two of whom may be women. Said four persons to be nominated by the Governor, and by and with the consent of the Legislative Council, ap- pointed to such position ; two of such appointees shall serve for a term of four years from the time of their appointment, and two for the term of two years from such date in the first instance, after which all appointees on such board shall serve for four years from the date of their appointment; vacancies occurring in said board shall be filled in the same manner as is provided for by law for the filling of vacancies in other public boards. The said board shall meet and organize on the second Monday of April after their appointment by electing from among their number a president and secretary, and it shall make its own rules and regulations for the government of its meetings and the institutions under its care. Such board shall have full power and authority to employ a superintendent, teachers and all other necessary employes to carry on the said asylum in the most efiicient manner with the appropriations made therefor, with full power to provide suitable buildings, additions to existing buildings, and other- wise enlarging and improving the buildings and property now occupied by the said asylum. Provided That it shall be unlawful for any member or members of said board of trustees to incur any indebtedness or provide any improvements, repairs, or enlarge said build- ings, except for current expenses, unless there shall be money on hand in the treasury subject to be used for such purposes. Such board shall serve without compensation or salary, except that they may be refunded actual cash expended by them in necessarily attending the meetings of such board ; and the present committee in charge of such asylum shall turn over upon demand of such board all records, books, papers. 138 COMPUTATION OF THK SCHOOL I.AWS deeds, contracts and other property now in its hands belonging or appertaining to the present asylum. The said board of trustees shall biennially, on the years when the legislative assembly of the territory meets, present to the Governor a full and detailed report including an item- ized statement of all expenditures and of all its doings and actions during the previous two years, with such information and recommendations as it may deem necessary and Advisible (advisable) for the governor and the legislature to act upon. The donation by Congress under this act approved June 21, 1898, of fifty thousand acres of land for the establishment and maintenance of an asylum for the deaf and dumb is hereby accepted by the territory for the benefit of the said asylum, and the said trustees shall receive and use the same as other property belonging to it. Sec. 3. — Devoted to Deaf mid Mutes. Instruction Free to Residents of the Territory. May Receive Children from Other States, and Indians. The Asylum hereinbefore described shall be devoted ex- clusively to the care and instruction of the deaf and mutes, those who are either deaf or mute, of both sexes, resident within the Territory of New Mexico between the ages of eight and twenty-one years. All instruction shall be free : Provided, That deaf or mute children from other states or territories, and Indian children under the control of U. S. Indian agents, may be re- ceived and educated in said asylum, under such rules and regulations as the board of trustees may prescribe; but in no event shall such children be admitted except upon the payment or guaranty of at least two hundred and twenty-five crollars for the school year on the basis of nine months for such year, and the president of such board of trustees is hereby author- ized to make and enter into on behalf of the said asylum all necessary agreements and contracts with the U. S. Govern- ment and the proper authorities of such other states and terri- tories for the reception and education of such children ; and he is further authorized to receive and receipt for all moneys paid upon such account and to indorse and transfer all checks, vouchers or other evidences of payment made or received in behalf of such asylum. OF THE TERRITORY OF NEW MEXICO 139 Sec. 4. — Provides for Reports of the Deaf and Mute Children in the Territory and for Attendance at School. Enforce- ment. It is hereby made the duty of the clerks of all school dis- tricts and boards of education within the Territory of New Mexico to report to the school superintendent of their respect- ive counties the names, age, sex and residence of all deaf or mute persons of school age residing within their respective districts, together with the post office address of the parents or guardians of such children, this report to be incorporated in the regular report from such school district at the time pro- vided by law ; and it shall be the duty of such school superin- tendent to at once send a report to the superintendent of this asylum including the names and addresses of all such children within his county. It shall be the duty of the superintendent of this asylum to at once notify the parents or guardians of such children to send the same to this asylum for proper instruction at a time to be fixed by him. If the parent or guardian of any such child shall make oath that by reason of his poverty he is unable to suitably clothe such child and provide means of transportation for it froni its home to such asylum,. and the probate judge of such county in which the child lives shall certify that such is the fact under the seal of his court, then and in that case the superin- tendent of said asylum is authorized to draw a requisition upon the board of trustees for a sufficient amount of money to suit- ably clothe such child and pay for its transportation to this asylum, which requisition shall be honored by such board and such child shall thereupon be sent by its parents or guardian to such asylum for instruction, and the provisions of Section 42, Chapter 25, of the Session Laws of 1891 — Section 1555, C. L., 1897, in regard to compulsory attendance upon the public schools are hereby extended to and made applicable to attend- ance upon some school for the deaf and mute, and the school directors of the several districts are hereby required and directed to enforce the same with regard to this asylum in the same mamier as is provided by that section for enforcing at- tendance upon the district schools. Any failure on the part of any person hereinbefore men- tioned to comply with the duties herein provided shall be deemed as a misdemeanor and punished as such. 140 COMPILATION OP THE SCHOOL LAWS CHAPTER XLVL, LAWS 1899. An Act to e;nforce: the; building of' school houses. CONTENTS. Sec. 1. Upon petition, tlie question of issuing bonds may be submitted to a vote. Sec. 2. Failure to vote. Superintendent to order portion of the school fund as school house building fund. Sec. 3. Penalty for failure to perform duties required by this act. Sec. 1. — Upon Petition, County School Superintendent to Submit the Question of Issuing Bonds to a Vote. That the county superintendent of schools for each county in this territory shall have power in cases where any school district in his county does not own a school house, upon a petition signed by twenty residents of such school district, being each the head of a-family and having children of school age in the family, to order the school directors of such school district to submit the question of issuing bonds of such district for the purpose of building a school house as provided for in Section 1542 of the Compiled Laws of 1897 to the voters of such school district, and for failure or refusal so to do, such superintendent shall remove any or all of such directors from office and appoint others of his own choosing in their place. Sec. 2. — Failing to Vote Bonds, County Superintendent Shall Order a Portion of the School Fund as School House Building Fund. In cases where the question of issuing such bonds has been or shall be submitted to the voters of such school district, and shall fail to carry, then such county superintendent of schools shall in writing order the county treasurer to set aside such portion of the school fund of such district, not less than one-fifth thereof, yearly, for the purpose of eventually build- ing a school house for such district, and such fund shall be kept for such purpose only, and such superintendent shall, when in his opinion such fund is sufficiently large for the OF THE TERRITORY OF NEW MEXICO 141 purpose, order the school directors of such district to build such school house, he to approve the contract therefor. Sec. 3. — Any Person Failing to Perform Duties Required, Guilty of Misdemeanor. Penalty. Superintendent of Pub- lic Instruction to Enforce This Act. Any person failing to perform the duties required of them by this act shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars, or more than five hundred dollars ; and it is hereby made the duty of the territorial superintendent of education or of public instruction to see that this act is strictly enforced, and to make all proper complaints for violation thereof ; and it is further made the duty of all district attorneys to vigorously prosecute the same. CHAPTER LXXXIX., LAWS 1907. APPROPRIATION EOR INDIGENT STUDENTS. Sec. 29. Each member of the 37th Legislative Assembly, and the board of county commissioners of each county in New Mexico, shall have the privilege, by competitive examin- ation or in such other manner as may be detennined by each .of such members of said Legislative Assembly or by each of such boards of county commissioners, of appointing for the term of four years from and after the date of such ap- pointment, one indigent student to any one of the following named institutions, to be chosen by the student or by the parent or parents or guardian of any such student, to-wit : The New Mexico College of Agriculture and Mechanic Arts, the New Mexico School of Mines, the University of New Mexico, the New Mexico Normal School at Silver City, the New Mexico Normal University at Las Vegas or the New Mexico Military Institute at Roswell. Such students, so appointed, shall not be less than fourteen nor more than twenty-three years of age. Such appointments shall be made on or. before the Lst day of September, 1907, and shall be in force and effect for said period of four years thereafter. 142 COMPILATION 01^ THE SCHOOI. I,AWS Sec. 30. Such students shall be subject to the same rules, regulations, and discipline as are provided for other students of the institutions which they enter under such appointments. Sec. 31. The sum of twelve thousand five hundred dol- lars ($12,500) per annum is hereby appropriated to pay the expenses of such students in the respective institutions to which they may be appointed under the provisions of this act, for and during the said term of four years. Two hundred ($200) dollars per school year is hereby allowed to each of such students to pay actual and necessary expenses while in attendance at such institutions, and all such students so appointed shall receive board, lodging, matricula- tion and tuition without charge to them or to their parents or guardians; they shall receive instruction in the regular courses taught in any such institution the same as other stu- dents therein. Sec. 32. All actual and necessary expenses of such stu- dents, while in attendance at such institutions, shall be paid out by the president of such institution, and the treasurer thereof shall forward to the Auditor of the Territory the certificates of appointment of such students, which certificates shall be vouchers for the sum of two hundred ($200) dollars for each of such students, and upon receipt of such certificates,' said auditor shall draw his warrant on the territorial treas- urer for such amount in favor of the treasurer of any such institution. Sec. 33. The treasurer of any such institution shall pay out such money upon requisitions by the president of such institution, and each of such requisitions by the president shall- be accompanied by receipted bills showing the proper expendi- ture of the amount previously drawn for any such student. All such requisitions, together with such receipted bills, shall be filed and preserved in the records of the office of any such treasurer. Sec. 34. Should any money remain in the hands of the treasurer of any such institution to the credit of any student appointed under the provisions of this act, after the term of his appointment shall have expired, it shall be returned to the territorial treasurer and become a part of the fund appropri- ated for the expense of such students at such institution. Sec. 35. In case any student appointed as herein pro- vided fails to complete the four years' course, another may be OF THE TERRITORY OE NEW MEXICO I43 appointed in lieu thereof for the unexpired portion of such course, by the board of county commissioners of the county in which the student so faihng to complete such course resides. Sec. 36. The territorial auditor is hereby authorized and instructed, during the years 1907, 1908, 1909, and 1910, to levy a tax on all the taxable property of the Territory sufficient to raise the amount hereinbefore appropriated as the expense fund for students as aforesaid provided for to be appointed to free scholarships in the several territorial in- stitutions hereinbefore mentioned, and to certify the same at the time and in the manner required by law to the boards of county commissioners of the respective counties of the Ter- ritory. 144 COMPIIvATlON OF THE SCHOOI, LAWS Extracts from Session Laws 1899. CHAPTER LVIII. CONTENTS. Sec. 13. County, city, and town matured indebtedness. Sec. 26. Issuing bonds by school districts or boards of education. Sec. 13. — Every Comity and Municipal Corporation Author- ised and Required to Compromise and Refund Its Ma- tured and Maturing Indebtedness and to Issue " 'nds, Etc. Every county, city, town, village, and school district within this territory is hereby authorized and required to compro- mise and refund its matured and maturing indebtedness, evidenced by outstanding bonds, interest coupons, judgments or other lawful, outstanding indebtedness, hereinafter men- tioned, wherever the holders and owners thereof shall con- sent thereto, and to issue new bonds as provided in this act, in payment or exchange at par for any sum so compromised or refunded in the manner hereinafter provided. Sec. 26. — Issuing Refunding Bonds, School Districts or Boards of Education. ' Any board of directors of any school district or board of education in towns, villages or cities within this territory are hereby authorized to refund the oustanding bonded indebted- ness of such school districts in the same manner and under the same conditions as hereinbefore provided for the refund- ing of outstanding bonded indebtedness of other municipali- ties ; and all bonds and interest coupons issued by such school districts in exchange for outstanding bonds shall be signed by the board of directors or board of education of such school districts and attested by the clerk of said boards, and such old bonds so redeemed shall be destroyed and a record of such o? the; territory of new mexico 145 destruction made by such board of directors of education, and witnessed and attested to by the probate judge of the county wherein such school district is situated. Note — For form of bonds, etc.. see Chapter LVIII, Laws 1899. CHAPTER LXXIV., LAWS 1899. CONTENTS. Sec. 7. Commissioner to keep account of all moneys. Sec. 29. Income derived turned over to territorial treasurer. Sec. 30. Occupation and improvement of school sections. Sec. 7. — Commisioner Shall Keep Separate Accounts of All M^ieys Received for Respective Funds Named. That the commissioner of pubhc lands shall keep separate accounts of all moneys received from lands reserved for com- mon schools, a university, an agricultural college, a school of mines, normal schools, a military institute, a reform school, an institution for the blind, an asylum for the deaf and dumb, permanent water reservoirs for irrigating purposes, improve- ment of the Rio Grande, an asylum for the insane, a miners' hospital for disabled miners, public buildings at the Capitol, territorial penitentiary, the Territory of New Mexico, or for any other purpose ; and the said moneys shall be turned over to the territorial treasurer on the first day of each month to the credit of the several funds respectively entitled to receive the same. Sec. 29. — Income Derived Turned Over to Territorial Treas- urer, for Use of Institutions of Object for Which Granted. That the income derived from leasing of said lands or from the investment or loaning of the funds belonging to any of the institutions or objects mentioned in this act shall be turned over to the territorial treasurer, as provided for in this act, to the sole credit, and for the sole use, establishment and maintenance of that particular institution or object for which the said lands or funds were granted or set apart. And said income derived from leasing, investment or loaning, in 146 COMPILATION OF THE SCHOOL LAWS excess of actual expenses necessarily incurred in connection with the execution thereof, and so turned over to the credit of any particular institution or object, shall be paid out to said institutions or object, according to the provisions for paying public moneys to such institutions or objects : Provided, That the territorial treasurer shall, quarterly, on or before the first Monday of March, June, September and December, make a complete exhibit of all monies applicable to the use and support of the common schools of the territory, and shall deliver the same, duly certified, to the Territorial superintendent of public instruction; and within twenty days thereafter the territorial superintendent shall make the ap- portionment of said moneys to the various counties according to the pro rate enumeration of school children in each county last returned from the county superintendent, and shall certify the apportionment of each county to the territorial treasurer and territorial auditor and to the treasurer and superintend- ent of each county, and the territorial auditor shall draw his order on the territorial treasurer in favor of the treasurer of each county for the amount proportioned to the county ; and said moneys so apportioned shall be apportioned and distri- buted in said county according to the provisions governing the apportionment and distribution of other territorial funds. ■ Sec. 30. — Occupation and Improvement of School Sections as Amended by Chapter po, Laws ipoj. That whenever any school section, that is, Section 16 and 36, or any other portion of the public domain, which may be selected or segregated for the purposes of this act, is occu- pied by any person or persons, such person or persons having made improvements thereon, such person or persons shall have the preference right, to lease such section or part thereof, so occupied and improved, and if any such person or persons is, or are an ex-soldier of the civil war, his widow, heir or heirs, and may heretofore have cultivated, or improved said lands, such ex-soldier, his widow, heir or heirs, shall have the preference right to lease such sections, or the whole or any part of which he, she or they may have cultivated and im- proved, whether such ex-soldier, his widow, heir or heirs, shall have actually lived upon such land or not. And when the same may be sold or offered for sale, such person or persons shall have the preference right of purchase thereof ; Provided, OF The; territory of new mexico 147 A claim for such right shall be filed with' the commissioner of public lands within thirty days of the approval by the sec- retary of the interior of the selection of the said land,"or within ninety days after the approval of this act, in case of school section : And, Provided, further, Whenever any school section, or part thereof, or any portion of the public domain which may be selected and segregated for the purpose of this act, and which may be occupied or used as a cemetery or burial ground by any person or persons, or community, shall have the preference right to purchase the same at one dollar and twenty-five cents per acre, and said section or parts thereof so used, shall not be leased under the provisions of this act, except for cemetery purposes for the person or community occupying the same for such purpose. 148 COMPILATION Of TH^ SCHOOL LAWS Extracts from Laws 1901. CHAPTER III. An Act i^or the protection of minors and pupils in SCHOOLS. C. B. No. 1; Approved February 18, 1901. CONTENTS. Sec. 1. Unlawful to sell or give intoxicating liquors or tobacco to minors. Sec. 2. Minors not to engage in games around establishments where liquors or tobacco are sold. Sec. 3. Minors not to loiter about nor frequent saloons nor gambling places. Sec. 4. Copy of laws to be kept posted. Sec. 5. Penalty for violation of this act. Sec. 6. Further penalty for violation of this act. Sec. 1. — Unlawful to Sell or Give Intoxicating Liquors or Tobacco to Minors or Pupils in Bducational Institutions. That it shall be unlawful for any person to sell or give to any minor under the age of eighteen years, or to any pupil of any school or educational institution within this territory any intoxicating liquor or any cigars, cigarettes, or tobacco in any form, except upon the written consent of the parent or guardian of such minor or pupil. Sec. 2. — Minors and Pupils Not PHimtted to Engage in Games of Any Kind in BstablisHments Where Intoxicat- ing Liquors or Tobacco Are Offered for Sale. It shall be unlawful for any merchant, apothecary, saloon- keeper, or the proprietor or manager of any other establish- ment in which intoxicating liquors or tobacco in any form are kept or offered for sale to permit any minor under the OF THE TERRITORY OF NEW MEXICO 149 age of eighteen years or pupil in any school or educational institution to engage in any play, or game of chance with cards, dice, wheels, or by the manipulation of any machine or device by m^eans of which money or any commodity or prop- erty may be hazarded, won or lost, acquired or transferred. Sec. 3. — Minors and Pupils Not to Loiter about Nor Frequent Saloons Nor Gambling Places. It shall be unlawful for any proprietor, keeper or man- ager of any saloon where intoxicating liquor is kept or offered for sale, or where gambling in any form is carried on or per- mitted, to permit any minor under the age of twenty-one years or any pupil in any school or educational institution to loiter upon or frequent the premises belonging to such saloon, or to engage in games or amusements of any kind thereon. Sec. 4. — Printed Copy of Laws to Be Kept Posted. Every person maintaining an esltablishment where in- toxicating liquor or tobacco in any form are kept or offered for sale is required to keep posted in a conspicuous place within his place of business a printed copy of this law, and it shall be unlawful for any person to carry on his business with- out having such copy at all times posted as aforesaid. Sec. 5. — Penalty for Violation of Act. ' (As amended, Laws 1903). Any person violating the provisions of the foregoing sections of this act, or any of them, shall upon conviction be punished for each offense by a fine not less than twenty-five nor more than one hundred dollars, or by imprisonment not less than thirty days nor more than three months, or both, at the discretion of the court trying the cause; and the moneys accruing from such fines shall be covered into the general school fund of the county in which the offense occurs. And it is hereby made the duty of the county superintendent of schools to prosecute before justices of the peace all persons, firms or corporations violating Section 4 of this act. Sec. 6. — Penalty for Violation of This Act. Any person who shall have been convicted of violating the fourth section of this act, or who shall have been twice 150 COMPUTATION OF THE SCHOOL 1.AWS convicted of violating any other section of this act, shall, in addition to the penalties otherwise in this act prescribed, for- feit his license and right to do business of the nature herein- before mentioned within the county in which the offense was committed for the period of one year, and the doing of such business by such person within such county during said period after such conviction shall be punishable as prescribed in section five of this act. Sec. 7. The word "person," as used in this act, shall be deemed to mean firm or corporation, as well as natural person, and the person managing the business of such firm or corpo- ration shall be liable to the penalties prescribed by this act. And the proprietor or owner of any of the establishments men- tioned in this act shall be liable to the penalties prescribed by this act for any violation of its provisions within or at their establishments, whether committed by themselves or by per- sons in their employ. Sec. 8. All acts and parts of acts in conflict with the provisions of this act are repealed, and this act shall be in force from and after its passage. CHAPTER XVII.. LAWS 1901. CONTENTS. Sec. 26. School superintendents to ejiforce vaccination. Penalty for refusal. Sec. 27. Providing for the payment of vaccination. Sec. 26. — School Superintendents to Enforce Vaccuiation, Penalty for Refusal of Parents. Provisions of Section Applicable to Incorporated Cities and Tozmis, and Boards of Bdncation. It shall be the duty of the school superintendent of each county to see that all children in his county, of school age, are vaccinated against smallpox, and to that end every teacher of a public school shall see that the children in his dis- trict are successfully vaccinated or have been vaccinated within one year pre\'ious, and it shall be unlawful for any child OF THE TERRITORY OF NEW MEXICO 151 to attend school, or for any teacher to allow such child within any school house unless so vaccinated, or showing proper certi- ficate that it has been vaccinated; -such teacher shall make report of the number of children whom they have caused to be vaccinated, and those who have presented certificates that they have been vaccinated to the county school superintendent at the beginning of the school year and as often thereafter as they may deem necessary, together with the report of the names of any parents who refuse to allow their children to be vaccinated, and any person who shall so refuse or neglect to have his or her children vaccinated in accordance with the law, shall be deemed guilty of a misdemeanor and upon a report to that effect by the county superintendent, it shall be the duty of the sheriff or any constable whom he may desig- nate, to arrest such person, and upon being convicted he shall be fined not less than ten dollars nor- more than one hundred dollars, or imprisoned in the county jail not exceeding one hundred days, and the fine so imposed shall go to and be a part of the school fund of the district in which said offender lives. These provisions shall apply to children and parents in incorporated cities and towns, and the duties heretofore imposed upon county school superintendents are hereby made applicable to boards of education therein. Sec. 27. — Providing for the Payment of Vaccination. The vaccination provided for in the previous section shall be by the health officer, appointed by the board of county commissioners or by some competent person selected by the school directors of the district or the board of education in the city or town, and shall be paid for by the parents of such children where they are able to do so, but in case of their in- ability by reason of poverty, the same shall be paid for by the board of education or school directors of the several districts, out of the school fund. CHAPTER XXVII., LAWS 1901. Sec. 3. — Special Teachers' histitutes May Be Held. Munici- pal Boards May Levy Taxes. In addition to the 'privileges, powers and duties of boards 152 COMPILATION OF THE SCHOOL LAWS , of education heretofore prescribed by law, the power is hereby granted to boards of education for districts consisting of in- corporated cities or towns to employ a city or district super- intendent, who in conjunction with the board of education, shall be authorized to hold special teachers' institutes for the instruction of teachers ; and they shall also have power to levy a tax for the support of the schools of the district, not ex- ceeding in any one year ten (10) mills on the dollar on all taxable property within the district, for school purposes ; said levy to be made, approved, certified, and collected as hereto- fore provided by law. CHAPTER XXIX. An Act prescribing the duties of the sheriffs of the VARIOUS counties IN REGARD TO LIQUOR AND GAMING LI- CENSES. C. B. No. 49; Approved March 9, 1901. CONTENTS. Sec. 6. Sheriffs to collect liquor and gaming licenses; distribution of bv treasurer. Be it enacted by the Legislative Assembly of tJie Territory of Nezv Mexico : Sec. 6. The sheriffs of the several counties shall here- after be the. collectors of all liquors and gaming licenses, and shall be entitled to retain out of the proceeds of such licenses so collected as compensation for their services a commission of four per cent. Such licenses shall be made and issued as now provided by law and delivered to the sherifif for collection who shall receipt for same and immediately proceed to enforce collection thereon. It shall be the duty of the sheriff to turn over all money or moneys so collected on or before the tenth day of each month for collections made during the preceding month, to the county treasurer, who shall immediately dis- tribute the same two-thirds (7^) thereof to the. credit of the school district wherein suqh license was paid, and one-third (Ys) thereof to the credit of the general school fund of the county and shall issue receipts for sucH money or moneys so OF THE TERRITORY OF NEW MEXICO I53 received in triplicate, the original receipt to be delivered to the sheriff turning the money, the duplicate receipt to be filed with the county clerk and the triplicate receipt to be retained in the office of the county treasurer. The said sheriffs are further required to file an itemized monthly report of all col- lections made under the provisions of this act, said report shall set forth the amount received or collected, the name of the person or persons from whom collected, the amount of com- mission retained, shall be made and filed on or before the tenth day of each month, and shall be made in triplicate, the original report to be filed with the county treasurer, the dupli- cate report to be filed with the county clerk, and the triplicate report shall be retained in the office of the sheriff. CHAPTER XLIII. An Act for the protection of children and others at- tending THE PUBLIC schools OR OTHER EDUCATIONAL institutions IN THE TERRITORY OF NEW MEXICO. C. B. No. 50; Approved March 18, 19Q1. CONTENTS. Sec. 1. Persons afflicted with tuberculosis not to be employed as teachers. Sec. 2-3. Certification of good health required. Sec. 4. Fee for certificate. Sec. 5. Complaint may be filed. Teacher may be discharged. Sec. 6. Penalty for failure of officials to discharge their duties. Sec. \.— Persons Afflicted With Tuberculosis Not to Be Em- ployed as Teachers. No person shall be employed as a school teacher, instructor or professor in any public school or other educational institu- tions in the Territory of New ]\Iexico supported in whole or in part by revenues derived from taxes paid into the public treasury by the taxpayers of this territory who shall be af- flicted with the disease called tuberculosis, commonly known as consumption, in a transmissible form. 154 COMPILATION 0^ THE SCHOOL LAWS Sec. 2-3. — Certification of Good Health Required, Before any person shall be employed as a school teacher, instructor or professor in any public school or other educa- tional institution of this territory he shall file with the gov- erning authorities of the school district, board of education, board of regents, or other governing educational body of any university or college, a certificate from a regular physician, who shall be named by the president of the territorial board of health, that the said person is not at the time of the ex- amination to be made by said physician aft'licted with the said disease called tuberculosis, commonly known as consumption as hereinbefore defined. Sec. 3. Any and all persons now employed as school teachers, instructors or professors in any public school- or other educational institution in this territory shall, within thirty days from and after the passage and approval of this act, obtain and ■ present to the governing authorities of the school district, board of education, board of regents or other governing educational body of any university or college, in which such person shall be employed, a certificate from a regular physician so to be named by the president of the terri- torial board of health that the said person is not at the time of the examination, to be, made within said thirty days by said physician, afflicted with the said disease called tuber- culosis, commonly known as consumption, as hereinbefore de- fined, and any such person failing to obtain and file the said certificate as herein provided within the time herein specified shall be forthwith discharged as such school teacher, instructor or professor by the authorities provided by law for the em- ployment and release and discharge of persons employed as school teachers, instructors or professors in the public schools or other educational institutions of this territory. Sec. 4. — Fee for Certificate. For the making of the examination provided for in this act and for the making of the certificate hereby provided for, the physician making the same shall charge a fee of two dollars and no more. Sec 5. — Complaint May Be Filed. Teachers May Be Discharged. If at any time there shall be lodged with the governing OF The; territory of new mexico 155 authorities of any school district, board of education, board of regents or other governing educational body, a complaint signed by any taxpayer of this territory, setting forth that in his opinion any school teacher, instructor or professor is af- flicted with the disease known as tuberculosis, commonly called consumption, as hereinbefore defined, such governing authorities, board of education, board of regents or other edu- cational body shall forthwith require such persons so claimed to be afflicted with tuberculosis to submit to an examination by a physician to be named by the president of the territorial board of health, and unless such -person shall within ten days thereafter file with the school authorities a certificate from such physician that he is not afflicted with the disease com- monly known as tuberculosis or consumption, such person shall be forthwith 'discharged from employment as such teacher, instructor or professor, and no warrant or order for any salary or wages to any such person shall be paid by any school or other treasurer until such certificate shall have' been obtained and filed as provided for in this section. Sec. 6. — Penalty for Failure of Officials to Discharge Their Duties. Any person holding any office, administrative or otherwise, connected with the public schools or educational institutions of this territory or any county, city or other municipality thereof, who shall refuse to perform or neglect to perfomi the duties prescribed for him by the provisions of this act shall, upon complaint duly filed with the governor of this territory and duly substantiated to the satisfaction of said governor, be forthwith removed from office by the governor. Sec. 7. This act shall take effect and be in force from and after the passage thereof. Note.— See Chapter 92, Laws 1903, here following. 156 COMPILATION O^ THE SCHOOI. I,AWS CHAPTER XCIL, LAWS 1903. An Act to amend chapter 43, of the session eaws of NEW MEXICO OF 1901, All Act entitled "An Act for the protection of school children and for other purposes." CONTENTS. Sec. 1. Applicants for teachers' certificates found to be afflicted with tuberculosis. Sec. 2. Right of appeal to board of health only. Penalty for viola- tion of this provision. Sec. 1. — Applicants for Teachers' Certificates Found to Be Afflicted With Tuberculosis. Duty of Hxamining Physi- cian and Superintendent of Public Instruction. Appli- cants to Right of Appeal to Board of Health. That whenever in this act the phrase or expression "physi- cian appointed by the president of the New Mexico "Board of Health" occurs, the same is hereby stricken out and the fol- lowing inserted in lieu thereof: "Any reputable physician, who is a resident of New Mexico and who is not himself afflicted with the disease." Whenever such physician shalffind the applicant to be af- flicted with tuberculosis, or what is commonly known as consumption, it shall be his duty to at once notify the superin- tendent of public instruction of New Mexico, giving the name, age and sex of applicant, together with the date of examina- tion, and a general statement of the case. Whereupon it shall be the duty of said superintendent to at once notify the school superintendents of each county in New Mexico of the information he has received. And in case any applicant so examined shall feel aggrieved he may take appeal to the New Mexico board of health and present himself for examination, and it shall be the duty of said board of health to thoroughly examine such person, and the result and decision of said board shall be final, and such decision shall be certified by it to the superintendent of public- instruction of New Mexico, who shall thereupon notify the different school superintendents of each county. OF THE TERRITORY OE NEW MEXICO 157 Sec. 2. — Right of Appeal to Board of Health Only. Violation of This Provision. Penalty. No person who has been examined by a physician under this act or of the act of which it is amendatory, and has been rejected by such physician shall apply to any other physician for examination or certificate, but he shall have right of ap- peal to the board of health of New Mexico. And if any person shall apply to any other physician in violation of this act, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not to exceed one hundred dollars ($100.00) and shall not be eligible as a school teacher in any county in New Mexico. The fine hereby imposed shall be collected and paid over to the territorial school fund. Sec. 3. All acts and parts of acts in conflict are hereby repealed, and this act shall be in force thirty days after its passage. CHAPTER LV. An Act to regulate the election oe directors oe SCHOOLS, Approved March 19, 1901. CONTENTS. Sec. 1. Term of office of directors. Sec. 2. But one director to be voted for at each election. Sec. 1. — Term of Office of Directors. That at the next ensuing election of directors of schools in the several districts of the counties of this territory one of the three of such directors shall be elected and shall hold his office for a term of three years, one of such three directors shall be elected and shall hold his office for a term of two years, and the third of such directors shall be elected and hold his office for a term of one year. Sec. 2 (As Amended). — But One Director to Be Voted For. At each election after the next ensuing election of such directors, but one of such directors shall be voted for. except 1.58 COMPILATION OF THE SCHOOL LAWS in case of election to fill vacancy for unexpired term, and he shall be elected to fill the vacancy for a term of three years from the first day of May thereafter: Provided, however, That the term of office of a school director elected for 1907 under the provisions of these amended acts, shall begin on the first Mondav in Julv, 1907, and end on the first Monday in May, 1908.' Sec. 3. All acts and parts of acts in conflict with the pro- visions of this act are repealed, and this act shall take effect and be in force from and after the date of its passage. CHAPTER LMI. An Act relative to the payment of school teachers, Approved March 19. 1901. Sec. 1. — School Teachers to Be Paid Monthly. That hereafter all public school teachers engaged in teach- ing within incorporated cities, towns and villages, as well as in any other public schools in the Territory of New Mexico shall be paid monthly instead of quarterly, as now provided by law. unless there are no funds available, in which event they shall be paid as soon as the funds are available therefor. Sec. 2. All laws or parts of laws in conflict herewith are hereby repealed, and this law shall be in full force and effect from and after its passage and approval. CHAPTER XCV. An Act to amend section eight (8) of chapter twenty- two (22) of the session laws of 1899, Approved March 21. 1901. Sec. 1. That section eight (8) of Chapter twenty-two • OF THE TERRITORY OE NEW MEXICO 159 (22) of the Session Laws of 1899 be amended so as to read as follows Sec. 8. — Exemptions From Taxation. Amount. That section 1757 of the Compiled Laws of 1897 is hereby repealed, and in lieu and stead thereof is enacted the following : That there shall be exempt from taxation for territorial, county and school purposes a family homestead, actually owned, occupied and used as such by the head of the family residing in this territory, to the amount in value of two hun- dred dollars : Provided, That any person making claim for exemption must list the property for taxation, and before any such exemption shall be granted the claimant must make oath before the assessor as to the true market value of such prop- erty, and further swear that he is the head of a family, residing in this territory : Provided, That any head of a family claim- ing the benefits of this section who shall in any manner assign, transfer or set over any part or portion of his homestead for the purpose of distributing its value between or among differ- ent persons, being heads of famihes, so that said homestead, or any portion thereof, shall be below the sum of two hundred dollars in value, and so that more than one homestead exemp- tion may be claimed in such homestead, such person shall not receive the benefits of said exemption, but the whole of such homestead shall be assessed at double its actual value, and he shall be compelled to pay taxation thereon without the bene- fits of any exemption thereon : Provided further, That in the event that any head of a family residing in this territory should not be the owner of a homestead, or the value of whose homestead does not amount to the sum of two hundred dollars, then such person shall be entitled to an exemption in the sum sufficient to make the total value of his exempt property two hundred dollars, which said exemption shall be allowed only out of the following classes of property, to-wit : real estate other than a homestead which the said head of family owns or is possessed of in the count}^ wherein he resides and has his domicile; farming implements, wagons, one team, either of horses, mules, burros, or one yoke of oxen, or one milch cow. or.he may have such exemption, in the absence of such personal property, out of goats or household or kitchen furniture. Sec. 2. This act shall be in force and effect from and after its passage. 160 COMPIIvATlON OF THE) SCHOOI. I.AWS CHAPTER XCVIII. An Act requiring territoriai, institutions to account FOR PUBLIC money RECEIVED BY THEM, Approved March 21, 1901. CONTENTS. Sec. 1. Records and itemized accounts to be kept. Sec. 2. Accounts of charitable Institutions. Sec. 3. Detailed statement of receipts and disbursements. Penalty. Sec. 1. — Records and Itemised Accounts to Be Kept. Item- ized Accounts to Accompany Requisition for Money. The boards of managers of the different territorial institu- tions, under whatsoever name they may be legally designated, are hereby directed and required to keep in suitable books of record a strict account of all moneys received by them from the territory, and also itemized accounts of the disburse- ment of the same. They shall require all bills against such in- stitutions to be made out in duplicate, and all salaries or other expenditures except for bills and current expenses shall be receipted for in duplicate, one of such bills or receipts to be kept by the said board of managers with the other papers and property of the institution, and the other to accompany all requisitions upon the auditor of the territory for warrants, and no warrant shall be drawn by the auditor for any amount in favor of any such institution unless the requisition therefor is accompanied with such itemized receipts for the money ex- pended after the last requisition. Sec. 2. — Accounts of Charitable Institutions. The persons in charge of each charitable or other institu- tion which receives territorial aid, shall make their requisitions upon the auditor in the same manner as is provided for terri- torial institutions in section one of this act, and shall keep books and furnish itemized duplicate receipts for all moneys received and paid out, in the same manner. OF THt TERRITORY OF NEW MEXICO 161 Sec. 3. — Detailed Statement of Receipts and Disbnrsements. Penalty. It is hereby made the duty of the several boards of man- agers of territorial, charitable or other institutions which re- ceive any money from the territorial treasury, at the end of each fiscal year to make out an itemized and detailed state- ment of all receipts and disbursements of such institution up to and including the last day of said fiscal year, which shall be sworn to as correct by the secretary, treasurer or other ac- counting officer of such institution who draws and receives the territorial funds, and shall be transmitted to the governor of the territory within the first thirty days of the new fiscal year ; and any failure on the part of any person or officer to per- form the duties herein specified shall subject such person to removal from his position, and in case he is a bonded officer it shall be considered as a breach of his bond and be a misde- meanor in office, for which he may be fined in any sum not exceeding five hundred nor less than one hundred dollars, which shall be recovered from him and the sureties on his bond as a penalty. Sec. 5. All acts and parts of acts in conflict herewith are hereby ?epealed ; and this act shall take effect and be in force from and after its passage. 162 COMPILATION Of THE SCHOOL LAWS CHAPTER cm. An Act to provide: for the refunding oe bonds issued BY cities or towns FOR SCHOOL PURPOSES, OR TO FUR- NISH SCHOOL HOUSES, AND TO VALIDATE SUCH BONDS, Approved March 21, 1901. CONTENTS. Sec. 1. Bonds issued for school purposes validated and legalized. Sec. 2. Cities and towns may refund outstanding bonds. Sec. 3. Manner of issuing such refunding bonds. Sec. 1. — Bonds Issued for School Purposes Validated and Legalized. Be it Enacted by the Legislative Assembly of the Territory of New Mexico, as foUozvs: In all cases where any of the cities or towns within the Territory of New Mexico have heretofore issued bonds for the purpose of raising funds wherewith to purchase grounds for school buildings and school purposes, or with which to con- struct a school house or school houses, or with which to fur- nish school houses, and the proceeds of such bonds have been actually used for such purposes, or for any of them, such bonds are hereby validated and legalized. Sec. 2. — Cities and Towns May Refund Oustanding Bonds. In all cases mentioned in the foregoing section, where any such bonds have been issued, the city or town issuing the same, or the successor of such city or town, is hereby authorized and empowered to refund such bonds as may be outstanding, par for par, at a rate of interest not exceeding five per cent, and running for a period of not less than ten or more than' forty years. Sec. 3. — Manner of Issuing Such Refunding Bonds. Whenever the city council of any city, or the board of trustees of any town in this territory shall determine to re- fund any of the bonds in this act mentioned, such council or board of trustees, shall make and enter, of record in their OF* The territory oe new mexico 163 proceedings a general description of the bonds to be refunded, giving the date and amount of such issue, also an order to the efifect that such bonds be refunded, stating the interest such refunding bonds are to bear, and the time they are to run ; and Avhen the bonds are refunded the refunding bonds shall bear a certificate, stating that they are issued under the authority of this act, that they are such bonds as may be prop- erly refunded under this act, which certificate shall be signed by the mayor and countersigned by the clerk and attested by the' seal of the municipality issuing such refunding bonds. A record shall be made by the municipality refunding such bonds showing the number and amount of the refunding bonds issued, to whom issued or sold, the time when payable and the rate of interest. Sec. 4. This act shall be in force and efifect from and after its passage. CHAPTER LXXXIV. lN Act Entitled an act concerning the location and KEEPING OE bawdy HOUSES IN CITIES, TOWNS AND VIL- LAGES. C. B. No. 67; Approved March 21, 1901. CONTENTS. Sec. 1. Location. Penalty. Municipalities to have control. Sec. 2. Leasing of building in violation. Sec. 3. When to be the deemed keepers. Sec. 4. Leases to be void. Sec. 5. Duties of officers. Sec. 6. When saloons to be considered bawdy houses. Sec. 7. Testimony. Sec. 8. Jurisdiction vested in district courts and justice of the peace. Be it Enacted by the Legislative Assembly of the Territory of Nezv Mexico: Section 1. That every person who shall set up or keep a brothel, bawdy house, house of assignation or prostitution, in any town, city or village in the Territory of New Mexico, 164 COMPILATION OF" THE SCHOOL LAWS within seven hundred feet of any school house, college, semi- nary or other institutions of learning, or any church, opera house, theater, hall of any benevolent or fraternal society, or other place of public assemblage, shall on conviction thereof be adjudged guilty of a misdemeanor and shall be punished by a fine of not exceeding one hundred dollars ($100), or by imprisonment in the county jail for a period not exceeding sixty (60) days, or by both such fine or imprisonment; and outside of seven hundred feet limits the city council and board of trustees of the different municipalities, whether incorporated under general or special laws, shall prohibit and suppress, or shall regulate, restrain and place under municipal supervision, lewd women, prostitutes, brothels, bawdy houses and houses of assignation or prostitution, whether they live or practice acts of lewdness or prostitution within the limits of the municipality or within one mile thereof. Sec. 2. Every person who shall knowingly lease or let to another any house or other building, for the purpose of setting up or keeping therein any such brothel, bawdy house, house of assignation or prostitution, as mentioned in the fore- going section, within seven hundred feet of any such school- house, college, seminary, or other institution of learning, or any church, opera house, theater, hall of benevolent or fra- ternal society, or other place of public assemblage, or for the purpose of being kept or used as such brothel, bawdy house, house of assignation or prostitution, shall on conviction thereof be adjudged guilty of misdemeanor, and punished as provided in section one (1) of this act. Sec. 3. Every person appearing or acting as a master or mistress of any such brothel, bawdy house, house of assigna- tion or prostitution, or having the care, use or management of any such brothel, bawdy house, house of assignation or prosti- tution, used for the purposes specified in section one of this act, shall be deemed the keeper thereof. Sec. 4. Whenever any lessee shall permit any house or building to be used as such brothel, bawdy house, house of assignation or prostitution, contrary to the provisions of this act, the lease or agreement for the leasing of such house or building, shall become void, and the leaser may enter on the premises so let, and shall have the same remedies for the re- covery as in case of a tenant holding over his term. Sec. 5. (As amended by laws of 1903.-) It shall be the OF THE TERRITORY OF NEW MEXICO 165 duty of the marshal or chief of police or other officer discharg- ing the duties of such marshal or chief of police, to enforce the provisions of this act, by filing a complaint before the proper justice of the peace, or police justice, against persons violating any of the provisions of this act, and it shall be the duty of the governing body of all cities, towns or villages in this territory, upon proof that such officer or officers have failed to discharge duties, to summarily remove them from office. And it is hereby made the duty of the district attorney of the county wherein any of the specified violations are com- mitted to investigate as to any violations of this act and to at once file an information before the judge of the district court of such county or any justice of the peace in such county against any and all persons committing any of the offenses herein specified and to prosecute diligently all persons so offending, and any district attorney failing or neglecting to comply with the provisions of this act shall be summarily re- moved by the governor who shall appoint his successor. Sec. 6. Any saloon or other place where drinks are served, frequented by women having the general reputation of being prostitutes, shall be considered a bawdy house, brothel, house of assignation or prostitution, within the meaning" of this act. Sec. 7. No person shall be incapacitated, or excused from testifying concerning any offenses committed by another against any of the provisions of this, act, but the testimony which may be given by such person shall in no case be used against him. Sec. 8. Each day such brothel, bawdy house, house of assignation or prostitution is kept, shall be cfc)nsidered a sepa- rate offense under this act, and jurisdiction of any offense under this act is hereby vested in the district court, by indict- ment or information, as well as in the justice of the peace, and other cases of misdemeanor. 166 COMPUTATION OF THE SCHOOI. LAWS Extracts from Session Laws 1903. CHAPTER II. An Act to establish and maintain an asylum for the deaf and dumb, an institution for the blind, and a miners' HOSPITAL FOR DISABLED MINERS, Approved Feh- ruary 13, 1903. CONTENTS. Sec. 1. Creation and location of Asylum. Sec. 5. Acceptance of Grant of Lands. Sec. 6. Trustees, qualifications, duties, etc. Sec. 7. Powers of trustees. Sec. 3. Creation and location of Institute -for the Blind. Sec. 8. Institute for the Blind. Purpose, rules for admission. Sec. 10. Reform School. Whom to confine therein. Sec. 11. Reform School. Supt. or warden to enforce rules. Sec. 12. Committee to select sites. Duties, etc. Sec. 13. Erection of buildings. Sec. 1. — "Nczv Mexico Asylum for the Deaf and Dumb" Created. Location. That there is hereby created and established an asylum for the deaf and dumb, to be known as the "New Mexico Asy- lum for the Deaf and Dumb," which is hereby estabhshed and permanently located at the city of Santa Fe, in the county of Santa Fe and Territory of New Mexico. Sec. 3. — "New Mexico Institute for the Blind" Created. Location. Donation of Land. That there is also hereby created and established an in- stitution of learning to be known as the "New Mexico Insti- tute for the Blind," which is hereby located and established in the county of Otero, in the Territory of New Mexico, at OF THE TERRITORY OF NEW MEXICO 167 the town of Alamogordo, in said county, upon a tract of land suitable for the purposes of such institution, consisting of not less than twenty acres, to be donated and conveyed, free of cost, to the Territory of New Mexico, the title to which shall be examined and passed upon by the solicitor general, and proper conveyances thereof made within six months from the passage of this act, such tract of land to be selected by three commissioners, to be appointed by the governor for that pur- pose as hereinafter provided. Sec. 5. — Acceptance of Grant of Lands. That act of Congress, approved June 21st, 1898, entitled. An Act to make certain grants, of land to the Territory of New Mexico, and for other purposes, is hereby accepted with all its terms and conditions, by the Territory of New Mexico, in so far as the same apply to the above named institutions ; and no improvements or buildings shall be made or created upon any of such lands as are hereinbefore provided for until proper deeds therefor, duly approved by the solicitor general, have been executed and recorded in the proper county and filed in the office of the secretary of the Territory. Sec. 6. — Boards of Trustees. QvmlHicaHons. Appointment. Term of Office. Organization. Secretary and Treasurer to File Bond. The management and control of each of said institutions above established, the care and preservation of all property of which they shall become possessed, and erection and construc- tion of all buildings necessary for their use, and the disburse- ment and expenditure of all moneys appropriated by the Terri- tory of New Mexico, or which shall otherwise come into their possession, shall be vested in a board of five trustees, one of such boards for each of said institutions ; and each of said trus- tees shall be qualified voters and owners of real estate in the Territory of New Mexico. Said trustees shall possess the same qualifications, shall be appointed in the same manner, and their terms of office shall be the same and the vacancies therein shall be filled in the same manner as is now provided by law with reference to the regents of the Territorial Univer- sity at Albuquerque, New Mexico. Said trustees and their successors in office shall constitute a body corporate under the name and style of "The Trustees of the New Mexico Asylum 168 COMPILATION OF THE SCHOOL LAWS for the Deaf and Dumb/' "The Trustees of the New Mexico Reform School," "The Trustees of the New Mexico Institute for the Bhnd," and "The Trustees of the Miners' Hospital of New Mexico," respectively, with the right as such of suing and being sued, of contracting and being contracted with, of mak- ing and using a common seal and altering the same at pleasure, and of causing all things to be done necessary to carry out the provisions of this act. A majority of such board of trustees of any of the above institutions shall constitute a cjuorum for the transaction of business, but a less number may adjourn from time to time. Said trustees shall be respectively ap- pointed by the governor of the Territory of New Mexico, within thirty days after he shall be notified by the secretary of the territory that the deeds for each of the above named insti- tutions have been filed in his office; and it shall be the duty of each of said boards of trustees to meet and organize by electing its officers at the county seat of the county wherein the said institutions are located, within thirty days after their appointment, which officers shall be elected in the same man- ner and possess the same qualifications as the officers of the University of New Mexico now possess; and the secretary and treasurer, respectively, of each of such institutions located as aforesaid, shall each give bond in the sum of ten thotisand dollars ($10,000) to the Territory of New Mexico, with two or more sufficient sureties resident of this territory, or by duly authorized surety company, conditioned for the faithful per- formance of their duties, and that they will faithfully account for and pay over to the person or persons entitled thereto, at the time and in the manner provided by law, or pursuant to contract, all moneys which shall come into their hands as such officers, which bond shall be approved by the judge of the district court within whose district the said institution is>lo- cated, and after approval shall be filed and recorded in the office of the territorial secretary. The governor of the terri- tory shall be ex-officio a member of each of the boards of trustees, but shall not have the right to vote or be eligible to office. Sec. 7. — Powers of Boards of Trustees. The boards of trustees of each of said institutions shall have power, and it shall be their duty, to pass and enforce by- laws, rules and regulations for the government of such insti- tutions, for the proper carrying out of their several objects, 0^ tut TERRITORY OF NEW MEXICO 109 not in conflict with the laws of the Territory of New Mexico, or any act of Congress, and to provide ah proper and. neces- sary books, apparatus, instruments, medicines, clothing, food and supplies, and other materials or things necessary for the proper conduct of the several institutions hereinbefore named and the care, support and protection of the inmates thereof when necessary ; also to employ all teachers, physicians, ward- ens or superintendents and employes, and to prescribe the duties and compensation of each, and they shall have full power to remove or discharge any officer or employe appointed or selected by them in any of such institutions when in their judgment the interest of such institutions shall require. Sec. 8. — Institute for the Blind. Purpose. Rules of Admission. The institute for the blind herein established and created is intended and meant for the proper instruction of the blind youth of the territory, and all such persons resident in the territory between the ages of five and twenty-one years shall be entitled, upon application to the board of trustees, to free care and support and instruction at such institution ; ex- cept in cases where such pupil or the parents or guardian thereof is possessed of property or means sufficient to enable him to pay the reasonable costs and charges incurred by his attendance at such institution, in which case he shall pay therefor. Sec. 10. Reform School. Whom to be Confined Therein. Duty of Courts. Terms of Confinement. The reform school hereby created and established is in- tended and meant for the confinement, instruction and refor- mation of juvenile offenders against the laws of the Territory of New Mexico, and any persons of idle, vicious or vagrant habits of both sexes in the Territory of New Mexico, under the age of eighteen years, who may be convicted of any offense less than felony punishable by imprisonment in the peniten- tiary for the term of life, and it shall be the duty of the court upon conviction, when it is shown to the court that the person convicted is under the age of eighteen years, to order the sentence to be executed by confinement in such reform school, instead of in the penitentiary, after such school shall be fully equipped and prepared to receive, confine and care for 170 COMPUTATION OF THE SCHOOIv LAWS such offenders, which time shall be designated by proclama- tion of the governor of the Territory of New Mexico, and thirty days after such proclamation is issued and published it shall be the duty of all courts in the Territory of New Mexico to incarcerate offenders as aforesaid in the reform school instead of the penitentiary in passing sentence upon such offenders ; and upon complaint under oath being made to any judge of the district court that any person of either sex under the age of eighteen years is of idle, vicious and vagrant habits, it shall be the duty of said court to investigate and pass upon the complaint so made as in cases of misdemeanors during the terms of the district court as other criminal cases are tried before it, and all the laws and provisions in regard to such trials for misdemeanors are hereby made applicable to such complaints, and in case said court shall find the complaint to be sustained by the evidence it shall find the defendant guilty and sentence him to such reform school for any period not exceeding one year; such proceedings before said court to take effect at the same time after proclamation by the governor as hereinbefore provided for other sentences in the district court. Sec. 11. — Reform School. Superintendent or Warden to Enforce Rules. All persons sentenced to such reform school shall be com- pelled to perform such useful labor and submit to such rules and regulations in and about the said school and grounds as the board of trustees may prescribe, and the superintendent or warden shall have the power, and it shall be his duty, to see that all rules and regulations of the said board are properly en- forced, and infringements thereof shall be properly punished. Sec. 12. — Committee to Select Sites. Duties. Report to Gov- ernor. Compensation. Within sixty days after the passage of this act the gov- ernor shall appoint a committee for each of the institutions above named, each of said committees to consist of three com- petent and disinterested persons, not more than two of whom shall live in any county wherein any of the above institutions are located by this act ; and it shall be the duty of these com- missioners to proceed to the localities named in this act for the establishment of the several institutions and their examina- OF THS territory of new MEXICO 171 tion of the several sites which may be presented for the acceptance of the territory for the purposes named and their designation, adaptation and selection or rejection of such lands be final, and unless the title for the land so selected shall be conveyed in the manner hereinbefore provided within six months after the adoption of this act, then no portion of the moneys received from donations under the act of Congress or by this act shall be available for the purposes of the institution so failing. The commissioners hereby named shall make a report in writing of their doings, together with a description of the land selected, to the governor of the territory, together with a statement of costs and expenses incurred by them in making such selection for each institution separately, and in addition to their actual costs and disbursements each com- missioner shall be allowed the sum of six dollars per day for each day actually and necessarily occupied in carrying out the provisions of this section, not to exceed ten days for any insti- tution, which amount, including costs and disbursements, is hereby declared to be a necessary and proper charge against the funds provided herein for the creation and maintenance of each of said institutions, and shall be paid out of anv such funds that may come into the hands of the territorial -treas- urer for that fund, upon a bill therefor sworn to by each of such commissioners and approved by the governor of the territory. Sec. 13. — Erection of Buildings. Board of Trustees to Adver- tise for Bid and Let Contracts. That the boards of trustees first appointed for the sev- eral, institutions provided for in this act shall be empowered to contract for the erection, and shall erect all buildings neces- sary for the maintenance of the above named institutions, and shall be empowered to provide for the furnishing of the same and the improving of the grounds thereof : Provided, That the said boards, of trustees in contracting for the erection or in erecting any of said buildings for the above named insti- tutions, shall advertise for bids for the erection of the same, specifying in said advertisements the character of building to be erected in the place where the plans and specifications of said buildings may be found, and let all bids for the erection of said buildings to the lowest and best bidder therefor: And provided further, That in furnishing said buildings or improv- ing the grounds thereof said boards shall call for bids and let 172 COMPILATION OF TH^ SCHOOI. I,AWS the same to the lowest and best bidders therefor upon any items the cost of which is more than one hundred dohars. Sec. 14. This act shall be in force from and after its passage. CHAPTER VI. An Act kntiti^i^d an act estabushing an orphan chii.d- REn'-S home at BEEEN, new MEXICO, PROVIDING APPRO- PRIATION thErEEor, AND FOR OTHER PURPOSES, Ap- proved February 24, 1903. CONTENTS. Sec. 1. Orphan Children's Home, creation and location. Sec. 2. Buildings may be used for school purposes. Sec. 3. Appropriation. Tax levy by auditor. Sec. 1. — Orphan Childrens' Home. Location. Board of Re- gents. Duties. ■ There is hereby establislied and located an Orphan Child- ren's Home at Belen, New Mexico, which shall be conducted under the management and control of a board of regents, to be composed of three persons, who shall be appointed by the Governor for a term of two years each, and shall file their oaths of office before entering upon their duties as such re- gents, in the manner prescribed by law for the qualification of other territorial officers. Sec. 2. — Buildings May Be Used for School Purposes. Until such time as the legislature may otherwise direct, any buildings which may hereafter be constructed at Belen for such Orphan Children's Home may be used as a public school building: Provided, That no appropriation for main- tenance or current expenses shall now or hereafter be made or in any way defrayed by the territory during the use of such building for public school purposes. Sec. 3. — Appropriation. Tax Levy by Auditor. . For the purpose of erecting a suitable building for the OF THE TERRITORY OF NEW MEXICO 173 purposes mentioned in Section 1 of this act, there is hereby appropriated for the fifty-fifth fiscal year twenty-five one- hiindredths (25-100) of one (1) mill, the proceeds of which shall be used for permanent improvements under the direction and management of said board of regents, and the territorial auditor is hereby directed to make a levy in accordance here- with, and the funds derived from such a levy shall be payable in the manner now prescribed by law for the payment of funds to other institutions. Sec. 4. This act shall be in full force and effect from and after its passage. CHAPTER IX. An Act in relation to mayors oe cities and to other oeEicErSj Approved February 28, 1903. CONTENTS. Sec. 2. Extension of term of office. Date of next election. Sec. 3. Election of city ,officers, members of board of education. Sec. 2. — Extension of Term of Office. Date of Next Election. The mayors, clerks and treasurers of cities, the alderman of the council of cities, and the members of the boards of education of cities, now in office, shall remain in office until their successors are elected and qualified at the annual election to be held on the first Tuesday in April, 1904, and there shall be no election held for the election of any of the above-named officers in any city in the Territory of New Mexico on the first Tuesday of April, 1903. Sec. 3. — Electidn of City Officers, Aldermen and Board of Education. Terms of Office. (As amended by Chapter 93. Laws 1903). The qualified electors of cities shall on the first Tuesday of April, 1904, elect one mayor, one clerk, and one treasurer, for the term of two years, and two aldermen of the city council from each 174 COMPUTATION OF THE SCHOOL IvAWS ward, one of whom in each ward shall be elected for the term of two years, and the other for the term of foiu" years, and shall elect two members of the board of education from each ward, one of whom in each ward shall be elected for the term of two years and the other for four years. And on the first Tuesday of April, 1906, and each two years thereafter, the qualified voters of cities shall elect one alderman and one mem- ber of the board of education from each ward, who shall hold their offices for the period of four years. The provisions of this act shall apply to all cities in the territory, whether incor- porated under general or special laws. CHAPTER XXVIII. An Act authorizing the compilation, printing, and dis- tribution OF the school laws. Approved March 10, 1903. CONTENTS. . Sec. 1. Superintendent Public Instruction to compile and have printed all school laws. Sec. 2. Appropriation for compilation and printing. Sec. 3. Printed laws to be furnished to the County Superintendents and chairmen of school directors. Sec. 1. — Superintendent of Public Instruction Authorized to Compile and Have Printed All School Laws. That the superintendent of public instruction shall cause to have compiled, and biennally shall- cause to have printed two thousancl copies in English and two thousand in Spanish, in pamphlet form, all existing school laws of the Territory of New Mexico, and such school laws as may be enacted by the Thirty-fifth Legislative Assembly, and after each future Legislative Assembly, if any laws shall have been enacted per- taining to schools, he shall in the first issue of said pamphlets thereafter include any school laws that may have been enacted by any such future Legislative Assembly. In the meaning of this act such pamphlets shall embrace all such school laws in 0^ The territory oe new mexico 175 one copy. The first issue of pamphlets shall be compiled and printecl, ready for distribution before the first day of July of the year 1903. Sec. 2. — Appropriation for Coinpilation and Printing. Proviso. - The compilation, printing and distribution of the pam- phlets herein referred to shall be paid for from any funds in the hands of the territorial treasurer arising from the rental or leasing of the common school lands, and for this purpose the territorial auditor is hereby directed and required to draw an order on the territorial treasurer in favor of the superin- tendent of public instruction for a sum not exceeding twelve hundred and fifty dollars ($1250.00). Proz'ided, That the printing and binding authorized by this act shall be let to the lowest responsible bidder. Sec. 3. — Copies of Printed School Laws to Be Furnished to County School Superintendents and Chairman of School Directors. It shall be the duty of the superintendent of public instruc- tion of the territory, before the first day of August of each year, to forward a sufficient number df such pamphlets of com- piled school laws to the superintendent of schools of the sev- eral counties of the Territory of New Mexico. It shall be the duty of the county superintendent to place a copy of said pamphlet in the hands of the chairman of the directors of pub- He schools in each and every district of said county. CHAPTER LXXXI. An Act to prevent the cutting of timber from school SECTIONS, Approved March 17, 1903. Sec. 1. — Unlazvful to Cut Timber from Certain School Sec- tions or Territorial Lands. Hereafter it shall be unlawful for any person, persons, company or corporation to cut, take or destroy any timber from or on any school section numbered sixteen or thirty-six 176 COMPIIvATlON OF THE SCHOOI, I^AWS or other territorial lands within the Territory of New Mexico. Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction in the territory shall be punished by a fine in the sum of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), or by imprisonment in the county jail for not less than thirty days nor more than ninety days, or by both such fine and imprisonment, in the discretion of the court trying the case. The violations of the provisions of this act upon each day shall constitute a separate and distinct offense. CHAPTER XXXVII. An Act to provide eor public school houses erom the SURPLUS IN GENERAL SCHOOL EUNDS, Approved March 12, 1903. ■ CONTENTS. Sec. 1. Directors may use surplus in general fund to construct scliool houses. Sec. 2. Surplus fund. Available when. Duties of county superintend- ents, territorial treasurer, and school directors. Sec. 3. Proviso, when surplus not sufficient to complete buildings. Sec. 4. Insurance of school buildings. Sec. 5. Penalty for failure to carry out provisions of this act. Sec. 1. — Directors May Use Surplus in General School Fund to Construct School Buildings. That whenever there shall be a surplus in the general school fund in the county treasury to the credit of any school district in the territory, outside of incorporated towns and cities, to the amount of not less than two hundred dollars ($200.00) after all the expenses of maintaining the schools in said district for teachers' salary, rent and other expenses con- nected therewith, the said surplus or any part thereof may be withdrawn by the directors of said school district and appHed by them to the procuring of a suitable site and the erection OS' the; territory of new mexico 177 thereon of proper school buildmgs, or for the repairing of any school building or buildings for the use of such school district, in the manner following Sec. 2. — Surplus Fund. Available When. Duties of County Superintendents, County Treasurer, and School Directors, rectors. That whenever a petition signed by one-half of the legal voters of such school district described in Section 1 of this act, as shown by the number of votes cast in said district or precinct at the last general election, shall be presented to the county school superintendent, praying that such surplus money de- scribed in Section 1 of this act may be turned over to the school directors of such school districts for the puq>ose of procuring a site and erecting school building or buildings thereon, then it shall be the duty of said county school superintendent within ten days after the receipt of the said petition, to forward the same to the county treasurer, who shall file the said petition and safely keep the same among the records and archives of his office, and it shall be the duty of said county treasurer to at once notify the school directors of such school district of the amount of money then on hand, subject to be withdrawn for-the purposes named ; and thereafter the said treasurer shall honor and pay all warrants drawn by such school directors against such surplus fund for the purchase of site and erection of school houses thereon, when the same are accompanied by itemized and verified accounts and vouchers until the said surplus is exhausted, and it shall be the duty of the school directors to open proper books of account with the said fund, and enter therein all receipts and disbursements on account of such fund ; and it shall be their further duty to take from per- sons to whom money may be due on this account, itemized and verified bills in duplicate, one of which shall be retained by said board of directors, and the other shall be transmitted with the warrant drawn in payment thereof to the county treasurer of the county in which said district is located. And the said school directors shall in no event and under no pretext con- tract for or incur obligations on such account beyond the amount of money available in the county treasury for such purposes, nor shall they under any circumstances incur anv debt in the erection of such school house, or houses, or im.- 178 COMPILATION OP" THE SCHOOL LAWS provement or repair thereof except as provided in Sections 1542 and 1543 of the Compiled Laws of 1897. Sec. 3. — Proviso, When Surplus Not Suificient to Complete Buildings. In case there shall not be sufficient surplus moneys on hand to purchase a site and complete the building or buildings contemplated by the school directors under this act they are hereby authorized to procure the site for school purposes and to commence the erection of such building or buildings as the)*- may deem necessary and proper for the purposes herein named, and shall carry on the construction thereof, so far as the moneys on hand for that purpose will permit, as hereinbefore provided, and in case the term of office of any such school directors or any member thereof shall expire, before the said buildings are completed, it shall be the duty of their successor or successors to proceed with the work in the manner herein provided until such work is completed. Sec. 4. — Insurance of School Buildings. The board of directors of any school district is empow- ered to expend, from the funds in the treasury of said school district, any moneys necessary to properly insure any school building or buildings in such school district. Sec. 5. — Paihire of Officers to Carry Out the Provisions of This Act. Penalty. Any failure of any of the officers mentioned in this act to carry out its provisions in the letter and the spirit of this act, shall subject such officers to removal and to forfeiture of their official bond for the benefit of such school district so in- jured thereby, and any school director so offending shall be disqualified to become his own successor in office either b}^ election or by appointment for a period of one year from date of such removal. OF THE TERRITORY Of NEW MEXICO 179 CHAPTER XCVII. An Act authorizing and Empowering the board oe edu- cation OE THE CITY OE SANTA EE AND TERRITORY OF NEW MEXICO TO PROVIDE FOR THE ERECTION OF A PUBIJC SCFIOOE BUIEDING, AND MAKING PROVISIONS FOR MEANS TO ERECT THE SAME, Approved March 18, 1903. Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. CONTENTS. Bond issue to erect school buildings. Form and rate of interest. Special tax levy to pay interest on bonds. Sale of bonds. Material and labor to be furnished by penitentiary. Proviso. Board of education to provide grounds, material and labor. Donation of land. Sec. 1. — Bond Issue to Brect School Building Authorised. Form. Maturity. Rate of Interest. On Petition Ques- tion of Bond Issue to he Snhniitted to Vote. Form of Ticket. For the purpose of erecting a suitable and commodious public school building in the city of Santa Fe, in this Territory, the board of education of the city of Santa Fe, in the Territory of New Mexico, is hereby authorized and empowered on or after the first day of June. A. D. 1903, and prior to the first day of November, A. D. 1903, to issue the bonds of said board of education of the city of Santa Fe, in the Territory of New Mexico, as a body corporate, to the amount of twenty-eight thousand dollars ($28,000.00), or so much thereof as may be required, said bonds to be of the denomination of one hundred dollars ($100.00) or any multiple thereof, not exceeding one •thousand dollars ($1,000.00), to be made payable to bearer and redeemable at any time after ttventy years after the date ■ thereof, and to become absolutely due and payable thirty years after the date thereof, to bear interest from the date thereof at the rate of five per centum per annum, payable semi-annu- ally at some national bank or trust company in the City of New York, State of New York, such interest to be evidenced by coupons representing each six months period of interest, attached to said bond ; said bonds shall be signed by the board 180 COMPILATION 0? THE SCHOOL LAWS of education of the city of Santa Fe, of the Territory of New Mexico, by its president and sealed with the seal of said board and attested by the secretary of said board, and the coupons thereof shall bear a fac-simile of the signature of the secretary of said board, which shall be engraved thereon ; said bonds shall be numbered commencing with one and running upwards, the coupons of each bond shall bear the number of the bond and its relative number to other coupons on the same bond, and shall show the date thereof, when due and payable, and that it is for interest on the particular bond to which it is at- tached for the six months terminating on the date when it becomes due and payable. Should seventy-five of the legal voters of the City of Santa Fe, who are the owners of taxable property not exempt from taxation for school purposes in the said City of Santa Fe on which each of them has paid taxes for the year 1902, within thirty days after the passage of this act, petition the said board of education of the said City of Santa Fe to cause to be submitted to a vote of the legal voters in the said City of Santa Fe the question whether or not said bonds hereinbefore provided for shall be issued, it shall be the duty of said board of education to request the mayor and the city coun- cil of the said City of Santa Fe to order an election to be held within forty days thereafter to vote upon the question as to whether said bonds shall be issued or not, and thereupon the said mayor and city council shall order an election to be held in the various wards of said city, at which all persons who may be qualified voters in said city under the laws of the Ter- ritory of New Mexico, and who were registered as such at the last city election of the City of Santa Fe, shall be entitled to vote. The ticket which they shall vote shall be in either of the following forms : "For public school house bonds of the City of Santa Fe — Yes." or: "For public school house bonds of the City of Santa Fe — No." And if a majority of those voting shall vote "yes," such vote shall be considered as consenting to the issue of said bonds, and the said board shall be authorized to issue the same ; but if a majority of those voting shall vote "no," such vote shall be considered as being opposed to the issue of said bonds, and the said board of education shall not have the right to issue the same. OF THE TERRITORY OF NEW MEXICO 181 Should no petition be made, as herein provided, by seven- ty-five owners of taxable property as before mentioned within thirty days from the date of this act, then the said board of education shall be authorized and empowered to issue said bonds without further delay or any further authorization. Sec. 2. — Special Tax Levy to Pay Interest on Bonds. To secure the payment of interest on each of the bonds which may be issued, according- to the provisions of the last preceding section, as falls due and also the principal of said bonds, the said board of education of the City of Santa Fe is hereby authorized and required, after it shall have determined to issue bonds, to fix a rate of tax levy, to be -levied on all of the property subject to taxation in the said City of Santa Fe, and not exempt by law from taxation for school purposes, at its meeting to be held on the first Monday in June in each year, or as soon thereafter as possible, making due allowance therein for taxes which may not be collected, which rate of taxation when so fixed shall be certified by the president and secretary of said board of education under the name of said board and the seal thereof, to the board of county commission- res of the county of Santa Fe, which said board of county commissioners shall include the amount of such rate of taxation so fixed in the order making levies for taxation for the various purposes, recjuired to be made by them for the county, and the same shall be and become a special levy on all the property subject to taxation in the City of Santa Fe and not exempt therefrom for school purposes, and the amount thereof when collected shall be kept in a separate fund to pay said interest. Ten years after the date of said bonds and each year there- after a sufficient tax shall in like manner be levied and col- lected to pay each year one-twentieth part of the principal of said bonds, and the moneys so collected to pay such interest and principal shall be used for no other purpose. Sec. 3. — Sale of Bonds. The said bonds, authorized by this act to be issued, shall be disposed of at not less than par, out of which shall be paid the cost of issuing, printing and disposing of the same, and all the rest or remainder of the proceeds thereof shall be used solely and only for the purpose of preparing the plans and specifications of such building and aiding and assisting in the construction of the same, as a suitable and commodious build- 182 COMPILATION OF THE SCHOOL LAWS ing for the public schools of the City of Santa Fe, of the Territory of New Mexico, and in paying all necessary expenses thereof and furnishing the same with suitable, modern fur- niture. Sec. 4. — Material and Labor to be Furnished by Penitentiary. Proviso. To aid and facilitate the construction of said building, the board of penitentiary commissioners and the superinten- dent of the penitentiary are hereby directed and required to furnish, free of charge, convict labor for the excavation for the foundation of said buildings with the aid of skilled superinten- dents, should such be necessary ; said penitentiary authorities shall also furnish all the brick and lime which may be neces- sary for the construction and completion of said building, and also all other materials which can be furnished through the convict labor, machinery and appliances of said penitentiary, and which may be necessary for the completion of said build- ing: Provided, That the penitentiary shall be paid and ad- vanced the funds necessary to defray expenses of guards and actual cost of materials furnished. Sec. 5.- — Board of Education to Provide Grounds, Material and Labor. The board of education of the City of Santa Fe, of the Territory of New Mexico, shall provide suitable grounds on which to construct the building provided for by this act, and shall also prepare, or cause to be prepared, all the plans and specifications for said building, and hire and pay all architects, necessary superintendents, foremen and skilled labor which cannot be supplied from the penitentiary convicts, and all other labor which may not be supplied by the penitentiary convicts. Sec. 6. — Donation of Land. There is hereby donated and granted in fee simple to the board of education of the City of Santa Fe and Territory of New Mexico, in order that it may be used as a school house site, for the building in this act provided to be erected, if it should be suitable therefor, all that certain lot, piece and par- cel of land situate within the City of Santa Fe, County of Santa Fe, and Territory of New Mexico, described as follows : OF THE TERRITORY OE NEW MEXICO 183 Beginning at a point on Washington Avenue where the southern hne of the abandoned Fort Marcy mihtary reserva- tion terminates, being the southeast corner of the premises nov/ occupied by Governor Otero, and running thence south- erly more or less along Washington Avenue 158 feet 9 inches to the corner of a brick wall enclosing a corral on the north side of the Old Palace building; thence running westerly more or less along the north side of the adobe wall of the corral of the Old Palace building and along the wall enclosing the cor- ral or yard to the north of the building occupied by the post ofifice at Santa Fe, 261 feet and 6 inches to the northwest corner of the corral or yard on the north side of said building occupied by the post office; thence running northerly more or less along Lincoln Avenue 165 feet 4 inches to the southern line of the abandoned Fort Marcy military reservation and the property thereof now occupied by Governor Otero as his residence; thence easterly more or less along the southern line of the said abandoned Fort Marcy military reservation and part thereof now occupied by Governor Otero 267 feet to the place of beginning, being all of that portion of land lying be- tween Washington and Lincoln Avenues and between the southern boundary of the abandoned Fort Marcy military reservation, where it is occupied by Governor Otero as his resi- dence, and a north line described by a line extended from the north end or corner of the brick wall aforesaid along the wall extending therefrom in an east and west direction, and also extending straight along the projection of said wall, to the next wall in line therewith lying to the north of the yard or corral occupied by the post office at Santa Fe, to the northwest cor- ner of the wall forming said corral or yard on Lincoln Avenue, except that there is not included in this grant the portion of said lot and tract of land which has heretofore been granted to the Woman's Board of Trade and Free Library Association of the City of Santa Fe. 184 COMPILATION OF THE) SCHOOL LAWS CHAPTER cm. An Act to pre;se;rve the: public he^alth. CONTENTS. Sec. 29. Smallpox. Vaccination of children. Sec. 3 0. County health officer to vaccinate. Sec. 31. Vaccination of adults. Refusal. Penalty. Sec. 29. — Smallpox. Duty of School Superintendents. Vac- cination of Children. Refusal of Parents to Permit Vac- cination of Children. Penalty. It shall be the duty of the school superintendent of each county to see that all children in his county, of school age, are vaccinated against smallpox, and to that end each teacher of a public school shall see that the children in his district are suc- cessfully vaccinated or have been vaccinated within one year previous, and it shall be unlawful for any child to attend school, or for any teacher to allow such child within any school house unless so vaccinated, or showing proper certifi- cate that it has been vaccinated ; such teacher shall make report of the number of children whom they have caused to be vac- cinated and those who have presented certificates that they have been vaccinated, to the county school superintendent at the beginning of the school year and as often thereafter as they may deem necessary, together with the report of the names of any parents who refuse to allow their children to be. vac- cinated, and any person who shall so refuse or neglect to have his or her children vaccinated in accordance with the law shall be deemed guilty of a misdemeanor, and upon a report to that effect by the county superintendent, it shall be the duty of the sheriff or any constable whom he may designate, to arrest such person, and upon being convicted, he shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or be imprisoned in the county jail, not exceed- ing one hundred days, and the fine so imposed shall go to and be a part of the school fund of the district in which such of- fender lives. These provisions shall apply to children and parents in incorporated cities and towns, and the duties here- O^ THE TERRITORY OE NEW MEXICO 185 tofore imposed upon county school superintendents are hereby made appHcable to boards of education therein. Sec. 30. — County Health Officer to Vaccinate. Expense. The vaccination provided for in the previous section shall be done by the county health officer provided for by Section 22 of this act, or by his assistants and under his direction, and shall be paid for by the parents of such children when they are able to do so, but in case of their inability to pay for the same by reason of poverty, the same shall be paid for by the board of education, or school directors of the several districts out of the school fund. Sec. 31. — Vaccinution of Adults. Refusal. Penalty. It shall be the duty of the board of health to make and enforce all necessary rules and regulations for the vaccination against smallpox of the adult population as well as of children within school age, and enforce the same by proper orders, and if any adult person shall refuse or neglect to carry out any of the orders of the said board in that behalf, he shall be guilty of a misdemeanor, and after conviction shall be punished as hereinbefore provided in Section 24 of this act. Vaccine matter shall be provided at the cost of the county, municipal corporation, board of education or school trustees, -as herein- before provided for other expenses. CHAPTER CXIX. An Act to harmonize and strengthen the existing SCHOOL EAWS AND FOR OTHER PURPOSES, Approved March 19, 1903. CONTENTS. Sec. 7. Board of school directors to let contract. School officials prohibited from being party to contract. Sec. 8. Clerks in rural districts, principals or superintendents of city schools to make report to county superintendent. Sec. 9. School directors to furnish itemized accounts with vouchers. Sec. 11. County Superintendent, when to be at county seat. To ex- amine books of directors. 186 COMPUTATION OF THE SCHOOI. LAWS Sec. 12. County superintendents may reject illegal warrants of school directors. Sec. 13. School directors failing to make Complete census. Penalty. Sec. 15. Apportionment of school funds. Sec. 16. District superintendents. Term of office. Sec. 18. Officials of educational institutions to make report. Sec. 20. Legal holidays defined. Sec. 7. — Boards of School Directors. To Let Contracts. Clerk of Board to Report to the Comity Superintendents, Cost of Material and Labor. School Officials Prohibited Prom Being Party to Contract. Boards of school directors when letting a contract for pub- lic school buildings shall require of the contractor a good and sufficient bond for the faithful execution of said contract. And the clerks of said boards, outside of incorporated cities or towns, are required to make to the county superintendent from time to time, as the superintendent may require, an itemized statement, under oath, of the cost of labor and material used and work done, where practicable, and apparatus required and used for conducting and furnishing said building; and school directors of the latter class are further required to consult with and solicit the co-operation of county superintendents whenever it becomes necessary to purchase furniture, fixtures, etc., for the district schools and the directors and clerks of all school boards are hereby prohibited from acting as the agent for any person or firm engaged in the selling of school furniture, ap- paratus, etc., or to receive any commission attending the pur- chase of such furniture, apparatus, etc., for the use in their respective districts ; and all persons identified in an official capacity with the public schools or with the higher educational institutions supported in whole or in part by the public funds of this territory are hereby prohibited from being a party directly or indirectly to any contract for which public money is to be used in connection with the operation or maintenance of such public schools or higher educational institutions. Sec. 8. — Clerks in Rural Districts, Principals or Superintend- ents of Tozvn or City Schools to Make Pull Report to County Superintendents. Contents of Reports. The clerks of the several rural districts, principals or su- OF the: territory of new MEXICO 187 perintendents of town or city schools, shall, between the first day of June and the first day of July of each year, make a report to the county superintendent in writing, showing in detail the financial condition of the district, the amount of money, received, and from what source, including receipts from poll taxes, etc., district bonds or special levies, and the manner in which the same has been disbursed during the previous year, amount expended for repairs or improvements of school houses and grounds, whether rented or owned by the district, the value of all school property, amount of bonded indebted- ness of district, status of interest fund, amounts paid for rent, fuel, etc., salaries paid teachers for the preceding year, the number and sex of the school population, and amount ex- pended for books for indigent children under Section 1555, Compiled Laws of 1897, as amended, and failure to properly prepare and forward said reports shall subject such clerk, principal or town or city superintendents to prosecution as provided in Section 1535, Compiled Laws of 1897, and it is hereby made the duty of county superintendents to file infor- mation against such derelicts. Sec. 9. — School Directors to Furnish Itemised Accounts With Vouchers. Superintendents serving in districts outside of incorporated towns or cities are hereby required to accompany all vouchers or warrants presented for the signature of the county superin- tendent with itemized statements of account, and the county superintendent shall withhold his approval of all bills until such statements are provided. Sec. 11. — County Superintendent. When to be at County Seat. To Bxamine Books of Directors. The county superintendent is hereby required to be in attendance at the county seat on the first Saturday in the months of August, September, and October, and November for the transaction of official business. He is hereby empowered to examine from time to time the records and account books of district directors outside of incorporated cities and towns, and see to it that the same are properly kept, and it is hereby made obligatory upon all such directors to meet at their accus- tomed place within the district at least once every thirty days during the school term for the transaction of public business. 188 COMPILATION 0^ THE SCHOOL LAWS Sec. 12. — County Superintendent May Reject Warrants Illegally Issued by School Directors. The county superintendent shall investigate the legality of all accounts as to whether the same have been legally incurred and allowed before the fixing of his signature thereto, and he may reject any warrant issued by district school directors whenever he may deem such warrant to have been illegally issued. Sec. 13. — School Directors Failing to Make Complete Census. Penalty. County superintendents are hereby empowered to remove from office any school director, in districts outside of incor- porated towns and cities, who shall fail or refuse to make and return a complete census of the school population within his district as required by law, and such person so removed shall not be eligible to hold said office for a period of two years thereafter. Sec. 15. — Apportionment of School Funds. County Superin- tendent to Report to Probate Clerk. County superintendents shall quarterly, and within ten days after receiving notice that any school funds are at their demand, for apportionment to the several districts, properly make said apportionment and specifying the number of the district, the number of children of school age in each district and the amount of money apportioned thereto, and a copy of this apportionment report shall be filed within ten days there- after in the office of the probate clerk of the county, and he shall also supply a duplicate copy thereof to any newspaper printed within the county which will give publicity to the same free of charge as a matter of general information. Sec. 16. — District Superintendents. Terms of Office. Duties. District superintendents in districts consisting of incor- porated cities or towns shall be employed for a term of not to exceed two years, and their duties other than now specified by law may be defined by the board of directors of such incor- porated city or town. Sec. 18. — Officials of Higher Bducational Institutions. Re- port to be Made. Contents. In addition to the duties now required- by law of the gov- OF THE TERRITORY OF NHW MEXICO 189 erning authorities of the higher educational institutions, they are hereby required to make duplicate copies of reports, under date of June 30th of each year, furnished by them to the terri- torial executive for use in -his annual report to the secretary of the interior, and a copy of said report shall be filed in the office of the superintendent of public instruction; such report shall show the date of establishment, general status and pro- gress of such institution during the year; its physical equip- ment, course of study, number of pupils enrolled and the num- ber enrolled who are not actual bona fide residents of the territory, the number of graduates for the preceding year and the total number of graduates to date, the financial condition, character and value of improvements during the year, value of all property, receipts from all sources, disbursements, and such other infoi-mation as the superintendent of public instruction may require for incorporation in his annual report to the governor of the territory. Sec. 20. — Legal Holidays De-fined. Proviso. In addition to the legal holidays designated by law, viz : "July fourth, December twenty-fifth, and January first, and all days designated by proclamation of the governor as fast days or thanksgiving days," February twelfth (Lincoln's birthday) and February twenty-second (Washington's birth- day) may hereafter be observed by the public schools as legal holidays; and, provided, any teacher or teachers in the rural districts and village schools shall have arranged beforehand a program of exercises by the pupils appropriate for the occa- sion for the preceding day, the directors of such district shall not deduct any moneys from teachers' salary because of their absence from active school duty on such holiday. 190 COMPIIvATlON OF THE SCHOOL LAWS CHAPTER XXIII. An Act to provide for the compensation of an enumer- ator OF persons of school age in the several dis- tricts OF THE territory OF NEW MEXICO. H. B. No. 23 ; Approved March 2, 1905. CONTENDS. Sec. 1. School directors to make enumeration of school children. Duty of clerk. Sec. 2. Punishment for false enumeration. Sec. 1. — School Directors to Make Hnmneration of Persons Within School Age. Duty of Clerk. That the directors of schools in the several school districts in the territory shall, on or before the first day of September of each year make an enumeration of all unmarried persons between five and twenty-one years of age, giving the. names, ages, and sexes of such persons in full, and shall report the same in writing, which enumeration list shall be signed by all the directors, to the county superintendent within fifteen days thereafter. It shall be the dilty of the clerk of said school directors to correctly enumerate or cause to be enumerated all unmarried persons of the respective school districts as specified herein. For said enumeration he shall be paid from any funds in the hands of said directors the sum of one dollar and fifty cents for each one hundred names or fraction thereof, thus enumerated. Sec. 2. — Punishment for False Hnumeration. Any enumerator acting for the directors of schools of any district who shall wilfully place fictitious names, or names of persons, not actually residing in said district, upon the official enumeration list, shall be declared guilty of a misdemeanor and on conviction thereof, before any court of competent juris- idction, he shall be punished by a fine of not less than ten nor more than fifty dollars, which fine shall, when paid, be placed in the school fund of said school district. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force thirty days from and after its passage. OF THE TERRITORY OE NEW MEXICO 191 CHAPTER XLVIII. An Act providing eor a compulsory elag law eor the TERRITORY oE NEW MEXICO. C. B. No. 79; Approved March 10, 1905-. CONTENTS. Sec. 1. Directors and boards of education to procure flags for public schools. Sec. 2. U. S. flags to be displayed upon public buildings. Sec. 3. Flag day. Sec. 1. — Directors and Boards of Bducation to Procure United States Flags for Public Schools. The boards of school directors of the various school dis- tricts and the boards of education of the cities and towns of this territory shall procure at the expense of their respective districts, towns or cities, for every public school not now pro- vided therewith, a United States flag not less than five feet long; together with the flag-staff, and the necessary appliances therefor ; and thereafter whenever the flag, flagstaff^ or the necessary appliances therefor of any such school shall from any cause become unsuitable for further use, such school boards of directors or boards of education shall in the same manner purchase others in place thereof. Sec. 2. — United States flags to be Displayed Upon Public School Buildings. The school directors or boards of education in the various districts, cities and towns in the territory shall cause the United States flag to be displayed upon the public school buildings or premises therein during school hours if in their best judgment it be practicable, otherwise at such times as they may direct, and such boards of school directors or boards of education shall also establish rules and regulations for the proper care, custody and display of the flag ; and when, for any cause it is not displayed it shall be placed conspicuously in the principal room of the school building. Sec. 3. — Lincoln Day. The twelfth day of February, in each and every year 192 COMPILATION OF THE) SCHOOI. LAWS hereafter, is hereby estabHshed in the annual school calendar to be known as Lincoln day, in honor of the birthday of Abra- ham Lincoln, and shall be observed with patriotic exercises in the public schools, but such day shall in no wise be construed to be a holiday. It is also provided that when such day shall fall on Sunday or on Saturday, the following or preceding days respectively, as the case may be, shall be observed. CHAPTER LX. An Act to reguIvATE the classification oe counties and EixiNG The salaries oe certain county oeeicials thereof. Sec. L Whenever any county of this territory shall remit to the territorial treasurer, thirty-five thousand dollars, or over, during any one year, the same being the proceeds of the collection from the territorial levy for the year in question, such county shall be deeemd a county of class "A". Over twenty-seven thousand and under thirty-five thousand dollars, a county of class "B". Over twenty thousand and under twenty-seven thousand a county of class *'C." Over fifteen thousand and under twenty thousand dollars a county of class "D". And under fifteen thousand dollars a county of class "E". The collections herein given are based upon a levy of fifteen and one-half mills. Sec 5. The county school superintendents of the several counties of this territory shall receive the following com- pensation : In counties of Class "A" $L500.00 per annum In counties of Class "B" 1,000.00 per annum In counties of Class "C" 900.00 per annum In counties of Class "D" 600.00 per annum In counties of Class "E" 400.00 per annum OF The territory of new MEXICO 193 CHAPTER LXXII. An Act entitled an act to aid territorial, institutions TO Erect buildngs and other permanent improve- ments. C. B. No. 78; Approved March 14, 1905. CONTENTS. Sec. 1. Territorial institutions authorized to spend funds derived from sale and lease of lands. Sec. 2. Boards of control to make report of expenditures. Sec. 1. — Territorial Institutions Anthorised to Expend Funds Derived Front Sale and Lease of Lands. The New Mexico College of Agriculture and Mechanic Arts and all other territorial educational and charitable insti- tutions in New Mexico, are hereby authorized to expend the funds derived from the sale and lease of their lands, or so much thereof as may be necessary which have been or may hereafter be placed to the credit of the respective institutions, for buildings, equipment and other permanent improvements. Sec. 2.— Boards of Control to Make Report of Bxpenditures. The boards of regents or other boards of control of said institutions are hereby authorized to expend said moneys as herein provided for said purposes and said boards shall make a full and complete report of the expenditures which they may make under the provisions of this act, giving amount and pur- pose for which expended, to the governor of the Territory of New Mexico. Sec. 3. This act shall take effect and be in force from and after its passage. 194 COMPUTATION Olf THE SCHOOL LAWS CHAPTER LXXIV. An Act to validate and legalize indebtedness herETo- eore incurred by boards oe education and boards of school directors in excess oe the current income oE SUCH boards, and to authorize the issue oe bonds to pay such indebtedness. C. B. No. 118; Approzred March 14, 1905. CONTENTS. Sec. 1. Debts contracted by school boards made binding. Sec. 2. School boards issue bonds covering indebtedness. Sec. 3. Denomination of bonds. Rate of interest. Maturity, how signed. Sec. 4. County commissioners to levy tax to pay interest on bonds. Redemption. Sec. 1. — Debts Contracted by School Boards Made Binding. All debts heretofore contracted by boards of education or boards of school directors for the purpose of paying the actual and necessary expenses of maintaining the schools are hereby validated and made binding. Sec. 2. — School Boards to Issue Bonds Covering Indebtedness. It shall be the duty of all such boards on or before August 1, 1905, to ascertain the amount of their respective indebted- ness, and upon due proof of the same to issue coupon bonds to each holder of a claim in an amount sufificient to cover such claim, and to deliver such bonds to their respective creditors in exchange for other evidences of indebtedness. Sec. 3. — Denomination of Bonds. Rate of Interest. Maturity. How Signed. Such bonds shall be issued in denominations of one hun- dred dollars each, shall be numbered consecutively, shall bear interest at the rate of six per cent, per annum, interest payable semi-annually on the first day of January and July of each year, shall mature at the option of the board issuing the same in ten years after the date thereof and shall be absolutely due and payable in twenty years after the date thereof, and shall OP THD TERRITORY OF NEW MEXICO 195 be issued and delivered not later than January 1, 1905, and shall be signed by the chairman of the board, issuing the same, and shall be countersigned by the secretary or clerk thereof. Sec. 4. — County Commissioners to Levy Tax to Pay Interest on Bonds. Redemption. Boards of education and boards of school directors issuing bonds under this act shall notify the boards of county com- missioners on or before the first Monday of May in each year of the amount required to pay the interest on such bonds, and the county commissioners shall, at the time of making the levy for other taxes levy a tax sufficient to pay the annual interest on such bonds ; and after the expiration of ten years from the date of issuing said bonds, the board of county commissioners shall annually levy a tax sufficient to produce a sum equal to not less than ten nor more than tv^^enty per cent, of the total amount of such bonded indebtedness, and said bonds shall be redeemed from time to time as the moneys come into the hands of the treasurers of said boards issuing the same for that purpose Provided, That the levy herein provided for to pay interest on such bonds and to create a sinking fund for the redemption thereof shall be made only on property within the district issuing such bonds. Sec. 5. This act shall take effect and be in force from and after the expiration of thirty days after its passage and approval, and all acts and parts of acts in conflict herewith are hereby repealed. 196 COMPIIvATlON OF THE SCHOOIv LAWS Session Laws of 1907. CHAPTER LXIV. An Act to prohibit gambling in the territory oe new MEXICO. C. B. No. 48; Approved March 21, 1907. CONTENTS. Sec. 1. Unlawful to conduct gambling houses, etc., in Territory. Sec. 2. Penalties for violation. Sec. 3. Duties of district attorney and others. Sec. 4. Provisions as to disposition of funds. Sec. 5. Repeal section. Sec. 6. When effective. Be it enacted by the Legislative Assembly of the Territory of New Mexico : Section 1. It shall hereafter be unlawful to run or operate any banking games of chance such as faro, monte, passfaro, passmonte, twenty-one, roulette, chuck-a-luck, hazard, fan tan, poker, stud poker, red and black, high and low, craps or any other banking game or games of chance played with dice or cards by whatsoever name known, in the Territory of New Mexico. ■ Sec. 2. Any person who is the owner or possessor of the games mentioned in Section 1, or any person engaged in operating any such games, or who is in actual possession and control as lessee or otherwise of the premises upon which games are run or operated, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than one hundred ($100.00) dollars or more than five hundred ($500.00) dollars, and shall be imprisoned in the county jail for not less than six months. Sec. 3. It shall be the duty of all district attorneys to report any and all violations of this law to 'the grand jury and OF THi; TERRITORY OF NFW MEXICO 197 it shall be the duty of the grand jury to investigate for them- selves and cause indictments to be brought against any violator of any of the foregoing offenses mentioned in Section 1, of this act, whether ip operation at the time of investiga- tion or at any other time after the passage of this act and within three years from the date of the commission of the offense. Sec. 4. The fines assessed and collected under the pro- visions of this act shall go to the benefit of the school fund of the school district, town or city, in which such offense is committed, except in towns or cities of over one thousand inhabitants in which case one-half of all fines shall go to the town or city. Sec. 5. All laws and parts of laws authorizing the licens- ing of gambling in the Territory of New Mexico and all laws and parts of laws in conflict herewith are repealed. Sec. 6. This act shall take effect and be in full force from and after January 1, 1908. CHAPTER XCVL LAWS OF 1907. An Act entitled an act, to facilitate the collection of poll and road taxes, by requiring the employer of persons liable therefor to pay such taxes, and deduct the amount thereof from the wages of SUCH EMPLOYES. C. B. No. 113; Approved March 21, 1907. CONTENTS. Sec. 1. Employers to furnish lists, etc. Sec. 2. Penalties for violation of this act. Sec. 3. V^hen act takes effect. Be it enacted by the Legislative Assembly of the Territory of Nezv Mexico: Section 1. That any person, firm or corporation, having in his, theirs, or its employ any male person or persons re- 198 COMPUTATION OF THE SCHOOL I.AWS quired by law, to pay a poll tax, or to do public work,* shall on demand of the clerk of the school board of any school district, wherein such employes may reside and are required by law to pay a poll tax, furnish to him a list of the names of all employes residing in such school district, liable by law to pay a poll tax; and on demand of the road overseer of any precinct, shall likewise furnish to him a list of all employes residing in such precinct who ^are required by law to work on the public roads therein; and if the clerk of any school district or road overseer, shall find on such list so furnished to him as by this act provided, the name or names of any person or persons who have not paid his poll tax or work on the public roads or paid a road tax in lieu of such work as required by law, such clerk and road overseer respectively shall give to such employer the names of all employes found by him on the list furnished as herein provided, together with the state- ment of the amount of poll tax or road tax, as the case may be, each employe is due and owing and thereupon, every such employer shall pay to such clerk or road overseer as the case may be, the amount due and payable from each employe, taking from the officer collecting the said poll tax or road tax, a separate receipt for the tax of each employe so paid, which receipts shall be and 'become a complete and counter claim and set off to the amount of their full face value in discharge of any obligation or any manner of in- debtedness existing at the time, or which may at any time thereafter exist and be owing to any such employe by the employer paying the same. Sec. 2. Any employer who shall refuse to furnish the lists of employes or pay the poll or road tax as provided in the preceding section shall be guilty of a misdemeanor and on conviction thereof before any justice of the peace having jurisdiction shall be punished by fine of not less than twenty- five dollars ($25.00) nor more than one hundred .dollars ($100.00) and the costs of the prosecution, which fines when collected shall be turned into the school fund of the school district the clerk of which made the demand for the lists and payment of poll tax in poll tax cases, and into the road fund of the proper precinct where the demand for the lists and payment on road tax is made by the road overseer and refused by the defendant being prosecuted under the provisions of this act. Sec. 3. This act shall take effect and be in force from O^ rut TERRITORY OF NEW MEXICO 199 and after May 1, 1907; Provided, hoivever, Nothing in this act contained shall be construed to repeal or change any of the Laws of this Territory now in force with reference to the collection of poll tax or public road tax or work. CHAPTER XCVII. An Act to revise and to systematize the schooe eaws oe the territory oe new mexico and eor other PURPOSES. H. S. H. B. No. 107; Approved March 21, 1907. CONTENTS. Sec. 1. Territorial Board of Education — Organization and compen- sation. Sec. 2. General powers. Sec. 3. County teachers' certificates. Sec. 4. Territorial teachers' certificates. Sec. 5. Temporary permits to teach. Sec. 6. Teachers' institutes. Proviso. Sec. 7. Revoking certificates. Sec. 8. Legally qualified teacher. Sec. 9. Text books. Sec. 10. Territorial Superintendent of Public Instruction — Appoint- ment, term, salary, oath. Sec. 11. General powers and duties. Sec. 12. Visit rural schools, traveling expenses. Sec. 13. Blanks, school law, Lincoln day program. Sec. 14. Annual report. Sec. 15. Secretary of territorial board of education. Sec. 16. Assistant superintendent's salary. Sec. 17. Location of office — official acts certified. Sec. 18. County superintendents, election, qualification. Sec. 19. Oath and bond. Sec. 20. Powers and duties. Proviso. Sec. 21. Salary and office expenses. Sec. 22. Creation and alteration of school districts. Sec. 23. Location of school districts — boundary lines. Sec. 24. Statistical reports. Sec. 25. Levy for school purposes. Sec. 26. Teachers wages. Sec. 26. Violating School Laws. 200 C0MP1I;ATI0N of the school I.AWS Sec. 27. Property presented to educational institutions or common schools. Sec. 28. School lands to be leased. Sec. 29. Tuition. Sec. 30. Laws repealed. Sec. 31. Immediate effect. Territorial Board of Bducation. Be .it enacted by tJie Legislative Assembly of the Territory of New Mexico: - . Section 1. Organization and Compensation. — There shall be a Territorial Board of Education which will consist of nine members : The Governor, the Superintendent of Public In- struction, and seven members to be appointed by the Governor for the term of. five years each ; five of said seven appointed members to be selected from among the heads of the Territorial educational institutions, the president of St. Michael's College at Santa Fe, and the superintendents of schools in the four cities of the Territory ranking highest in population at the time of the appointment; and two of said seven to be citizens inter- ested in public education who are not professional teachers, at least one of whom shall be at the time of his appointment a county superintendent of schools, these latter to be appointed during March, 1909. At the expiration of the term of office of a member as this board is now organized under existing laws, the governor shall appoint his successor for a term of five years, and from among those persons who are made eligible by this act. The board shall meet at the office of the superin- tendent of public instruction four times a year, at such times as it may elect, and such other times upon the call of the gov- ernor or a majority of its members, as the public business inay require. The governor shall be president of said board, but in his absence the board may elect a presiding officer pro tempore. The members of the board of education shall receive ten (10c) cents per mile for attending each meeting of the said board, counting one way from their place of residence to its place of meeting, and two and one-half ($2.50) dollars a day for each session thereof. This mileage and per diem shall be paid to the members of said board of education by the territorial treasurer upon the order of the territorial auditor OF THE TERRITORY OF NEW MEXICO 201 out of the funds arising from the rental of the common school lands of the Territory. Sec. 2. General Powers. — The territorial board of edu- cation shall have power to grant, renew and revoke teachers' certificates, to adopt a series of text books and a uniform course of study for the various public schools of the Terri- tory, to exercise a general control over teachers' institutes, and to perform such other duties pertaining to matters of education as may hereinafter be provided by law. Sec. 3. County Teachers' Certificates. — The Territorial board of education is hereby empowered to issue three grades of county teachers' certificates, to be known as first grade, second grade and third grades respectively. The certificates ^shall be issued by said board of education upon examination in such subjects as it. may elect, or upon the applicants' pre- senting grades in the subjects as required by said board from any of the educational institutions of the territory. The said examination shall be held at such times, at such places, and in such manner as said board deems most ex- •pedient. The examination for county teachers' certificates shall be conducted by the county superintendent under such rules and regulations as such board of education may pre- scribe. Upon the close of the examination the county superintendent shall forward the papers of the applicants to the superintendent of public instruction, who shall grade them, or cause them to be graded. The superintendent of public instruction is hereby authorized to employ such person or persons to assist him in grading the papers of applicants as he may judge competent. To pay the service of suCh person or persons eight hundred ($800.00) dollars is hereby set aside annually, or so much thereof as is necessary, out of the funds arising from the rental of common school lands of the Territory. The territorial auditor shall pay such persons for their services upon presenting receipted bills approved by the superintendent of public instruction. Holders of county certificates shall be entitled to teach in any school district, independent district, incorporated town, city or vil- lage of the territory. A third grade certificate entitles the holder thereof to teach for one year, second grade two years. and first grade three years, respectively. All certificates shall be void at the expiration of the term for which they were issued. The county superintendents are hereby authorized to renew first grade county teachers' certificates once only without a formal examination : Provided^ Evidence 202 COMPUTATION OF THS SCHOOIv LAWS is shown of successful experience in teaching and faithful attendance to duty; Provided^ further, That no such renewal shall be made by the county superintendent without the consent of the superintendent of public instruction. Boards of education of incorporated cities may issue teachers' certi- ficates for such period of time and under such regulations as they may prescribe, but such certificates shall be valid only in the city whose board issues them. Sec. 4. Territorial Teachers' Certificates. — The terri- torial board of education is hereby authorized to issue terri- torial teachers' professional certificates to persons whom it may deem qualified by reason of moral character, academic scholarship, knowledge of the theory and art of teaching and actual practice in teaching. Holders of the certificates who -possess a certificate of attendance upon some county normal institute or summer school as herein provided by law, shall be entitled, without further examination, to teach in any of the public schools Of New Mexico for the period of time desig- nated therein. The territorial board of education is hereby empowered to officially endorse teachers' certificates granted in States and other Territories, under such rules as it may prescribe; and to grant certificates of the first, second and third grade to per- sons who have completed specified courses, approved by the territorial board of "education, in New Mexico territorial educational institutions or other schools designated by said board; Provided, That upon graduation from St. Michael's College, located at Santa Fe, the holder of a diploma from the full course of study given by said institution shall be entitled to a county first grade certificate, which shall be recognized in all counties of the territory as a legal certificate for the period of time designated therein. Sec. .S. Temporary Permits to Teach, — The superintend- ent of public instruction is hereby authorized to issue, pend- ing the regular examination of teachers' permits to teach in the public schools of the territory, to persons whose creden- tials as to ability and experience in teaching properly certi- fied to are deemed sufficient to meet" the requirements of the law, and such temporary permits shall expire upon the first day of the next succeeding examination of teachers. County school superintendents shall have like authority in their re- spective counties, and certificates so issued by county school superintendents shall be good only in the county where issued, and shall not be issued twice in succession to the same per- OF THE TERRITORY OE NEW MEXICO 203 son, and shall expire at the next examination of teachers in the said county. Sec. 6. Teachers' Institute. — The county superintend- ents of public schools should hold annually in their respective counties, for a term of not less than two weeks, a teachers' institute for the instruction of teachers and those desiring to teach. The county superintendents of the public schools with the advice and consent of the territorial superintendent of public instruction, shall determine the time and place of holding such institutes, and shall select conductors and in- structors for the same, and provide for the compensation thereof. No person shall be selected or shall serve as a con- ductor or instructor who does not hold a certificate from the territorial board of education authorizing him or her to do so. It shall be compulsory upon all persons who expect to teach in any school district, independent district or incor- porated town, city or village, to attend at least two weeks of the county institute or to show a certificate of attendance upon some county institute or summer school approved by the super- intendent of public instruction held within the year. Tochers who hold a third grade county certificate or permit to teach, and who have taught at least three months of school during the twelve months previous to the time of holding any county in- stitute, may, upon attendance upon a county institute for a full term of four weeks receive the sum of fifteen dollars ($15.00) from the treasurer of the Territory, upon the order of the Territorial Auditor of the funds arising from the rental or sale of the common school lands of the Territory, upon pre- senting to the Territorial Auditor a certificate from the county school superintendent of the county in which the institute is held, and signed by the institute conductor and the Territorial Superintendent of Public Instruction, certifying that said teacher had complied with the provisions of this act ; and such teachers are also exempt from the institute fees otherwise re- Cjuired. The territorial board of education is hereby forbidden to issue a certificate to any person who refuses to comply with the provision of this act ; Provided, Any person or persons, who fail to so attend by reason of sickness or good and sufficient excuse rendered to the county superintendent and approved by him and by the superintendent of public instruction, may be excused from such attendance. Provided, further. The ter- ritorial board of education is hereby empowered to excuse such persons from attending the county teachers' institute as in its judgment it deems eminently qualified to teach by reason 204 COMPUTATION 01^ The: schooi. i,aws of their professional scholarship and .training, and that nothing herein contained shall make it compulsory for cities which engage a city superintendent of schools who gives at least half of his time to direct supervision to hold such in- stitutes. The territorial board of education is hereby empowered to issue a course of study for teachers' institutes. Authority is hereby conferred upon the superintendent of public instruction to authorize the county superintendent in any county wherein the conditions are such as to make it expedient to do so, to hold joint county teachers' institutes at such place as may be most convenient to all parties concerned, and when such power is delegated to a county superintendent, the expense of any such institute shall be divided equitably by the county superintendents, subject to the approval of the ter- ritorial superintendent of public instruction, among the counties participating therein. For the purpose of meeting the expenses of the county teachers' institutes, county treasurers of class "A" shall set apart 'annually from the general school funds of their respective counties not less than one hundred ($100.00) dol- lars ; in counties of class "B" not less than seventy-five ($75.00) dollars for such purpose; in counties of classes "C," "D" and "E" not less than fifty ($50.00) dollars for such purpose: Provided, That in counties where an institute is held for a full term of four weeks the county treasurer shall set aside at least fifty ($50.00) more than that already provided for institute purposes. At each session of the teachers' institute the county superintendent upon the advice and consent of the ter- ritorial superintendent of public instruction shall collect from each person in attendance a fee of not less than one ($1.00) dollar and not more than three ($3.00) dollars. The money thus collected and set apart shall be known as the "County Teachers' Institute Fund," and the county treasurer shall be its custodian, but he shall not receive any of it for his services in receiving or as such custodian. All disbursements of the Teachers' Institute Fund," shall be upon the order of the county superintendent, countersigned by the superintendent of pub- lic instruction, and no order shall be drawn on said fund, ex- cept for services rendered and expenses actually incurred in connection with the teachers' institute. But the legitimate ex- penses incidental to conducting examination ordered by the Territorial Board of Education shall be considered as expenses incurred in conne^ction with the teachers'" institute ; Provided, OF" The: territory op new mExico 205 That the Territorial Board of Education shall have the power to waive the holding of any county normal institute in counties where authorized summer schools are held and in counties ad- jacent thereto. Sec. 7. Revoking Certificates. — The territorial board of education is hereby empowered to revoke certificates of con- ductors and instructors of teachers' institutes, territorial teachers' professional certificates, county teachers' certificates, and city teachers' certificates issued by boards of education, for incompetency, immorality of the holder, or for any cause that should have withheld the issue of such certificate; Provided, That in each case the accused shall be allowed a full and fair hearing at which he may be privileged to employ the services of counsel. Sec. 8. Legally Qualified Teacher. — A legally qualified teacher to teach in any school district, incorporated town, city, village, or independent district, shall be one who has been cer- tificated as prescribed in this act, and who possesses a certi- ficate of attendance upon some county teachers' institute, or summer school, approved by the territorial superintend- ent of public instruction, held within twelve months, or has an approved excuse for non-attendance; or one who holds a legal permit to teach in this territory. Any county super- intendent, member of a board of school directors, member of a board of education, county treasurer, or other persons, who shall directly or indirectly cause the public school funds to be paid for teachers' services to any other person than a legally qualified teacher under the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars for each and every offense, and may be removed from ofiice in the manner pro- vided by law. Sec. 9. Text Books.- — The territorial board of education shall have, and is hereby vested with full power to adopt a system of school books for the use of the public schools of the Territory, and only the school books so adopted by said board shall be used in any of the first eight grades of the public schools of this Territory. The board of education shall have power to contract VN^ith the publisher or publishers of text books adopted for use in the public schools of New Mexico, in the name of the Territory and through the super- intendent of public instruction for the purchase and delivery of said books under such regulations as the board may adopt. 206 COMPIIvATlON OF THE SCHOOL IvAWS . Text books once adopted shall not be changed for four years and the first contract under this act shall not be entered into between the publishers and the Territory later than June 15, 1907. If the Territorial board of education shall violate the pro- hibition in this section contained against changing within a period of four years text books adopted by such board, or if such territorial board of ed-ucation, the superintendent of pub- lic instruction, any county superintendent, or any board of school directors, or board of education in this territory shall knowingly permit, in any of the first eight grades of the public schools of this Territory, the use of any text book or books other than such as are adopted by the territorial board of education, upon conviction thereof, the person or persons con- victed shall be punished by a fine of not less than ten ($10.00) dollars nor more than one hundred ($100.00) dollars; Provided, That nothing herein contained shall prevent the use of text books, approved by the territorial board of education or the territorial superintendent of public instruction, supple- mentary to the regularly adopted text books. Territorial Superintendent of Public Instrtiction. Sec. 10. Appointment, Term, Salary, Oath. — At the ex- piration of the term of office of the present superintendent of public instruction and every two years thereafter, the gov- ernor shall appoint, by and with the advice and the consent of the council, a duly qualified person as superintendent of public instruction, who shall hold his office for two years and until his successor is appointed and has qualified. Salary of said superintendent shall be twenty-four hundred ($2,400.00) dol- lars per annum, payable monthly on the warrant of the auditor drawn upon the territorial treasurer. Said superintendent of public instruction shall before entering ' upon the duties of his office, take and subscribe to the oath or affirmation as pro- vided by law, which oath or affirmation shall be filed in the office of the Secretary of the Territory. Sec. 11. General Powers and Duties. — The superintend- ent of public instruction shall have general supervision of public education, and it shall be his duty to visit the terri- torial institutions and to meet with governing boards of said institutions at least once in each year. He shall have supervision over rural schools, acting through the county superintendents who shall be responsible to the superintendent OB* The; territory oe new mkxico 207 of public instruction for faithful performance of their duty. He shall have such general supervision over city, town, and village schools as shall be necessary in harmonizing and sys- tematizing reports, and in securing uniform operation of the public school system. He is hereby vested with general super- vision over the official records and accounts of any school district, independent district, or those of any incorporated city, town or village, and may require correction thereof, when nec- essary, personally, or he may delegate this power to the county superintendent. He may suspend the county superintendent and institute, or cause to be instituted, proceedings in a court of competent jurisdiction for the purpose of bringing about the removal of said county superintendent in the manner pre- scribed by law, when he shall be satisfied from sufficient evi- dence submitted to him that said county superintendent does not possess the qualifications required or perform his duties as prescribed by the territorial board of education. The superintendent of public instruction shall, at the re- quest of any county school superintendent or other school offi- cer, give his opinion upon a written statement of the facts on any question or controversy arising out of the interpretation and construction of school laws and shall keep a record of all such decisions. Upon giving any such opinion the superintendent may sub- mit the statement of facts to the attorney general for his advise thereon. It shall be the duty of the attorney general forthwith, to examine such statement and suggest the proper decision to be made upon such facts. Sec. 12. Visit Rural Schools, Traveling Expenses. — It shall be the duty of the territorial superintendent of- public in- struction to visit each county, as often as consistent with the discharge of his other duties, for the purpose of holding teachers' meetings, advising with county superintendents and school directors, and awakening an interest in the cause of education throughout the Territory. To this end an annual appropriation of seven hundred ($700.00) dollars, or such a part thereof as may be required, is^ hereby made for traveling expenses, payable on presentation of certified vouchers and warrants drawn by the auditor upon the territorial treasurer. Such traveling expenses may be incurred by the assistant su- perintendent when acting under the direction of the superin- tendent of public instuiction. Said superintendent shall file and carefully preserve in his office the official reports made to him by the county superintendents of the several counties, 208 COMPILATION OF THE SCHOOL LAWS heads of the territorial educational institutions, and by trustees and directors of all schools of whatever nature within the Territory. Sec. 13. Blanks, School Law, Lincoln Day Program.— Said superintendent shall prescribe and cause to be prepared in English and Spanish all forms and blanks necessary in carry- ing out the details of the common school system, so as to secure its uniform operation throughout the Territory, and cause the same to be forwarded to the several county superin- tendents to be by them distributed to the several persons en- titled to receive the same. He shall cause to be published, as needed, as many copies of the school laws in force, with such forms, decisions, annotations, regulations, and instructions as he may judge expedient thereto annexed, and shall cause the same to be forwarded to the county superintendents for distribution. It shall be the duty of the superintendent of public instruction to prepare a program of patriotic exercises for the proper observance of Lincoln Day, and to furnish printed copies of the same to the school directors and boards of educa- tion of various districts, cities, towns and villages, at least four weeks previous to the twelfth day of February in each year ; he shall also prepare for the use of the school a printed program providing for a uniform salute to the flag. Sec. 14. Annual Report. — The territorial superintendent shall prepare and cause to be published annually a report of all the common schools, academies, normal schools, colleges, private and sectarian schools in the Territory, which report shall indicate the number and sex of all persons enrolled in the several schools ; the value of the school property, and such other facts as he may deem expedient ; the same to be drawn from the reports of the county superintendents and from the reports of school boards, boards of regents, and boards of trustees of the several institutions. Sec. 15. Secretary of the Territorial Board of Educa- tion. — The territorial superintendent of public instruction shall be secretary of the territorial board of education and shall keep faithful and correct records of its proceedings, which records shall be kept open at all times for inspection. A copy of said record, certified by the secretary of the board shall in all cases be received as evidence in the courts of, or elsewhere in, New Mexico. Sec. 16. Assistant Superintendent, Salary. — The superin- tendent of public instruction is hereby empowered to appoint an assistant superintendent of public instruction, who shall be 01'' the; rE;RRlTORY OF NKW MEXICO 209 thoroughly conversant with the Spanish and Knglish languages and to revoke such appointment at his discretion, and such as- sistant shall take the oath of office as provided by law, which, with his appointment, shall be filed with the secretary of the territory. Said assistant shall receive a salary not to exceed fifteen hundred ($1,500.00) dollars per annum, payable in like manner as provided for the payment of the salary of the super- intendent of public instruction. Sec. 17. Location of Office — Official Acts Certified. — The office of the superintendent of public instruction shall be at the seat of government where shall be kept all books and papers pertaining to the business of his office, and copies of all papers filed. His official acts shall be certified by him, and when so certified to shall be received in the courts of, or elsewhere in. New Mexico, as evidence equally and in like manner as the original papers, and he shall deliver to his successor within ten days after the expiration of his term, all books, papers, doc- uments, and other property belonging to his office. Sec. 18. County Superintendent, Election. Qualifica tions. — A county superintendent of schools for each county shall be elected at each general election, and shall enter upon the duties of his office on the first of January following his election. Said county superintendent shall hold office for two years, or until his successor shall have been duly elected and has qualified, unless sooner removed for cause. From and after the date of passage of this act, no person shall be eligible to the office of county superintendent of schools who is not a person of culture and practical experience and learning in those branches of education taught in public schools, as provided by law, and a person of good moral char- acter, such qualifications to be passed upon and approved by the Territorial Board of Education : Provided, This section shall not take effect until January 1, 1909. Any person or persons who shall directly or indirectly cause any portion of the public school fund to be paid to any person for services as county superintendent of schools who shall not have filed with the county treasurer a certified statement of the qualifications hereinbefore mentioned shall be guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars for each and every offense, and may be removed from office as provided by law. In case no person having the qualifications as herein pro- 210 COMPILATION OF THE SCHOOI. LAWS vided for county superintendent shall be elected in any county, then upon the nomination of the territorial board of education, the board of county commissioners of said county shall appoint as county superintendent a person having such qualifications, who shall fill the office until a properly quali- fied persons shall have been elected by the people of the county, or until a successor shall have been appointed and has duly qualified. Sec. 19. Oath and Bond. — Each County Superintendent shall, before entering upon the discharge of the duties of his office, take and subscribe to the oath or affirmation as provided by law, which oath or affirmation shall be filed in the office of the probate clerk. Within thirty days after receiving his certi- ficate of election or appointment as herein provided, he shall give a bond in the sum of two thousand ($2,000.00) dollars to be approved by and filed with the board of county commis- sioners of his county. Sec. 20. Powers and Duties. — Subject to the supervision and direction of the superintendent of public instruction, the county superintendent of schools shall have jurisdiction over all public schools within his county, except those in cities, and such schools, including city schools, shall make such re- ports to the county superintendent and to the superintendent of public instruction as may be. required by the territorial board of education. Each county superintendent shall visit each school within his county as often as the territorial board of education may prescribe. He shall supervise the methods of instruction employed in the various schools ; consult with the school directors concerning the improvement of their schools and the keeping of their accounts ; enforce compliance with the school laws ; organize, disorganize, or change the boundaries of any school district, as hereinafter provided in this act ; hold teachers' meetings for the advancement of the school interests of his county, and perform such other duties as are now provided by law for county superintendents and such as the territorial board of education may prescribe. He shall also on the third Monday in January, April, July and October of each year, or as soon thereafter as he shall receive the certificate of the territorial superintendent of public in- struction signifying the amount appropriated to each county for the use of the common schools of the current year, appor- tion such amount, together with the county school fund for the same purpose, to the several districts within his county, in proportion to the number of school" children residing in OF THE Te:RRITORY OF NEW MEXICO 211 each over five and under twenty-one years of age, as the same shall appear from the last annual reports of the clerks of the respective school districts, and he shall immediately certify such apportionment to the directors of the respective school districts, and to the county treasurer of his county, who shall credit the several school districts on his books with the re- spective sums apportioned to them : Provided, That the county school superintendent is hereby authorized to leave in the county school fund a sufficient amount to meet such warrants as may be legally drawn against this fund as elsewhere provided by law. Sec. 21. Salary and Of^ce Expenses. — From and after the first of January, 1909, the county superintendents of the several counties of this Territory shall receive the following annual compensation, payable from the general school fund of the county, in monthly installments on warrants of the probate clerk, drawn on the county treasurer : In counties of ten school rooms or less, under the jurisdic- tion of the county superintendent, as provided in this act, used for general school purposes at least three months in the year ■■$ 300.00 In counties of eleven to sixteen rooms, as aforesaid . . 600.00 In counties of seventeen to twenty-five rooms, as aforesaid 800.00 In counties of twenty-six to thirtv-three rooms, as aforesaid ^ 1000.00 In counties of thirty-four to forty-two rooms, as aforesaid 1200.00 In counties of forty-three rooms, or more, as afore- said and in all counties of the first class determined by the latest report of the Territorial traveling auditor 1500.00 Provided, however. That the salaries as fixed by this Sec- tion shall not in any event exceed one-third of the total amount of money collected in any county from the tax levy for general school purposes in any years; Provided, This Section shall not take effect until January 1st, 1909. Said county superintendents shall be entitled to ofhce expenses covering stationery, postage, printing, etc., which for any one year shall not exceed four per cent of their respective salaries. These expenses shall be allowed quarterly by the board of county commissioners, on presentation of itemized and certified bills. The territorial superintendent of public instruction shall 212 COMPILATION OF THE SCHOOL LAWS classify all counties of the Territory on the basis provided in this Section, on or before the first day of January, 1909, and each year thereafter, and within ten days shall certify the same to the board of county commissioners of each county. Sec. 22. Creation and Alteration of School Districts. — Whenever it is desired that a new school district shall be formed, a petition and statement of facts signed by a majority of legal electors residing within the proposed district shall be presented to the county superintendent of schools. Said peti- tion and statement shall contain such description of the boun- daries of said proposed district as will be sufficient to definitely locate it ; it shall also contain the names and ages of all persons of school age who are actually residents of the proposed district. Whenever a new district has been created, at the next regu- lar apportionment, the county superintendent shall apportion to it its share of the school fund as provided by law. No school district shall hereafter be created or divided unless there be at least twenty-five (25) children of school age in the new district and at least twenty-five (25) children of school age remaining in the district or each of the districts from which such district is taken; Provided, however, That a board of school directors may maintain more than one school in its district for the better accommodation of the patrons of said district. Upon the receipt of such petition and statement by the county superintendent, he shall create such new district, shall assign to it a number or other proper designation, ap- point three persons as a board of directors, who shall serve until the time of the next regular election for directors, at which time a board shall be elected in accordance with the provisions of Chapter 55, Laws of 1901 ; Provided, That the territory of a school district shall not be so reduced as to make its bonded indebtedness exceed four (4%) per cent, of its assessed valuation. After paying all indebtedness of the old district that is . chargeable to the common school fund, if any balance remains the county superintendent shall divide the said balance between the old district and the new in proportion to the num- ber of children of school age in each. All other resources such as school houses, proceeds from sale of bonds, also all similar indebtedness shall be divided between the old district and the new in proportion to the taxable property, according to the assessed value in each. In making such adjustment. OF THE TERRITORY OF NEW MEXICO 213 the superintendent, in co-operation with the board of county commissioners, of the county in which such districts are situated, is hereby authorized to use such plans, or means, as will best subserve the mutual interests of the two districts and their decisions shall be final, subject to the right of appeal to the. courts. The county superintendent shall consolidate school dis- tricts on the presentation of separate petitions signed by the majority of electors residing in the respective districts affected ; he shall also attach a territory to a district by change of boundary lines on the presentation of separate petitions signed by the majority of the electors residing in the respective territories affected ; which petitions shall be prepared and sub- mitted as hereinbefore described. Whenever the number of persons of school age within a school district has been reduced below 1 5 from causes over which the county superintendent does not have control and these conditions seem likely to remain permanent, said super- intendent is empowered to disorganize such district and attach the territory to the school district or districts adjacent thereto. Provided, If said district at the time of disorganization is liable for bond issue or interest thereon, the board of county com- missioners is hereby authorized and required to make levy and order collections thereof on the property of said disorganized district for the purpose of meeting the payment of said bonds and interest in a manner as provided for such purpose in the case of a regular school district. Appeal may be made from the decision of the county superintendent concerning the organization, disorganization, or change of boundary lines of a school district, to the board of county commissioners of the county in which the school district is located, and'the decision of said board shall be final. Sec. 23. Location of School District — Boundary Lines. — The boundary lines and corner of all school districts shall be accurately located by the county surveyor of each county at the request of the superintendent, who shall prepare a map showing the districts as contemplated in Section 1545, Compiled Law of 1897. The expense of such proceedings shall be charged to the county wherein the school district is situated and be allowed by the board of county commissioners at the discretion of said board not to exceed fifty ($50.00) dol- lars a school district. Sec. 24. Statistical Reports. — The scholastic year for all schools and educational institutions of whatever nature in the 214 COMPUTATION OF THE SCHOOIv I.AWS Territory of New Mexico snail end June fifteen of each year. Within ten days after such date, the school directors of school districts, and the secretaries or clerks of the boards of educa- tion of town, village and city schools, located within each county shall file statistical reports with the county superin- tendent, containing- such items of information as are required by law. On or before July fifteen of each year the county superintendents and the heads of the various educational insti- tutions shall make their annual statistical reports to the super- intendent of public instruction, and thirty days thereafter the superintendent of public instruction shall make his annual re- port to the governor of the Territory. Sec. 25. Levy for School Purposes (As amended, Laws 1909). — The school directors of each school district, and boards of education of cities, towns and villages, shah have power and are hereby required to provide, by purchase or lease, suitable school houses, to keep in repair and provide said school houses with necessary furniture and fuel, to pay teachers' wages and interest on school bonds, and for the redemption thereof, and to defray all other contingent expenses connected with the proper conduct of the schools of the district. To provide the necessary funds for such purposes, it shall be their duty to make an estimate for a tax levy on the taxable property of the district, on or before the first Monday of May of each year, and for the purposes hereinbefore named, they are empowered to levy a tax not to exceed five ( 5 ) mills on the dollar in any one year on the taxable property of their respective school districts, which levy shall be certified to the board of county commissioners and when approved by such board of county commissioners or when fixed by said board in the event of disapproval, shall then be collected by due process of law as other taxes are collected and accounted for. For the purposes hereinbefore mentioned, the school directors of each district, and boards of education in cities, towns, and villages, are further empowered to levy a tax of more than five (5) mills and not to exceed fifteen (15) mills: Provided, That the tax required above five (5) mills shall be voted upon by the qualified voters of said district, except in cities, at a regularly called election for that purpose, and if concurred in by a majority of the votes cast at said election the levy shall be certified to the board of county commissioners, and if such commissioners decide the election legal this tax shall then be collected and accounted for the same as other taxes. To further provide the necessary funds for the conduct of the public schools of the Territory, the territorial Ot THE TERRITORY OF NEW MEXICO 215 auditor shall annually, on or before the first day of May of each year, levy a tax 'of three (3) mills on the dollar upon all taxable property of the territory and certify the same to the county collectors of the several counties, who shall collect the same as other taxes are collected. The school fund derived from the general levy of three (3) mills shall be paid directly by the several collectors to the treasurers of their respective counties to the credit of the County School Fund, and shall be apportioned as required by Section 20, of this act, together with all County School Funds by the county superintendent of schools.: Provided, That no portion of the money derived from said three (3) mills levy as hereinbefore mentioned shall be apportioned by any county school superintendent to any school district which does not levy a special tax annually of not less than three (3) mihs on each dollar of the taxable property of that district for its district school purposes as here- inbefore provided. Any surplus in the sinking fund of any school district may be applied by the directors of said district to the building of additional school houses or to the enlargement of their present school buildings. All property, personal and real, situated in each school district, not otherwise exempt by law, shall be subject to the general three (3) mills levy and also the sinking fund bond levy and also the levy authorized by the school directors or boards of education of each district for the purpose of this act and no further. When a special tax is levied by the qualified voters of a school district for school purposes, the same shall remain in full force and effect until the district votes to dis- continue said levy. Sec. 26. Teachers' Wages.— From and after September 1, 1907, the maximum salary that shall be paid to any teacher employed to teach in the public schools in this Territory holding a certificate not higher than a third grade shall be fifty ($50.00) dollars per month; the maximum salary that shall be paid to a holder of a certificate not higher than a second grade shall be seventy-five ($75.00) dollars per month; Provided, That permits shall in no case be classed as higher than a third grade certificate, but if a holder of a permit shall secure a regular teachers' certificate during the term for which he is engaged, the salary for the entire term may be fixed in accordance with the grade of said certificate; Provided, further, That a teacher employed in any of the public schools of this Territory shall be entitled to full pay for a period not 216 COMPUTATION 01^ THE^ SCHOOI, LAWS to exceed one month during which the school may be closed by the board of school directors, board of education, or board of health, on account of loss by fire, danger from contagious disease, or other similar cause. These provisions shall apply to the public schools in cities, towns, and villages as well a? in rural districts. Any school director, member of board of »;du- cation, or any other person violating the terms of this Section shall, upon conviction in a court of competent jurisdiction, be fined in the sum not less than ten ($10.00) dollars nor more than one hundred ($100.00) dohars, or imprisoned for a term not less than ten days nor more than ninety days, and may be removed from office by proper procedure. Sec. 27. Property Presented to Educational Institutions or Common Schools. — In case any person or persons shall will, bequeath, or in any other way donate money or other prop- erty for the benefit of any kind of public educational institu- tion, school district, or other educational interest, it shall be- come the duty of the district court of the district in which the beneficiary of such benefaction is located to see to it that said benefaction is sacredly conserved and administered in ac- cordance with the terms and wishes of the donor or donors; Provided, That if said donor or donors have not provided for or named the executors of their wishes, the judge of said district court shall appoint three proper persons, under suffi- cient bond, to administer the same. Sec. 28. School Lands to be Leased. — -AH land already granted, or that shall hereafter be granted, to the Territory or State of New Mexico, for the support of the common schools or of any educational institution, shall be withdrawn from the market and shall not be sold, except such lands as are actually needed for the location of schools, churches, ceme- teries, right-of-way for railroads, public roads, telegraph and telephone lines, irrigation ditches and reservoirs, and such pub- lic necessities ; Provided, That this shall not prevent the com- pletion of any contract already entered into for the sale of any of the aforesaid lands. Sec. 29. Tuition. — A board of school directors or board of education may admit non-resident pupils to the school or schools under its charge, provided school accommodation are sufficient to justify the same, and may determine the rate of tuition for such pupils and collect the same, which tuition shall not be greater than twenty (20%) per cent, more than the average cost per capita for education based on the average number of pupils belonging to the school throughout the OF THE TERRITORY OF NEW MEXICO 217 previous school term. When non-resident pupils, their parents or guardians, pay a school tax in any district, such pupils shall be admitted to the school of such district, and the amount of such school tax shall be credited on their tuition in a sum not to exceed the amount of such tuition, and they shall be re- quired to pay tuition only for the difference therein. Sec. 30. Laws Repealed. — The following Sections of the Revised Statutes of New Mexico of 1897 are hereby repealed : 1514, 1515, 1520, 1526, 1559, 1593, 1594, 1595, 1596, 1612, 1613, 1614, 1615, 1616, 1625, 3659, 1537, 1534, 1544, 1558, 1516, 1518, 1519, 1521, 1522, 1523, 1527, 1598, 1599, 1531, 1554, 1524, 1525, 1543, 1546. That portion of Section 1535 of Compiled Laws of 1897 from the beginning to and including the word ''provided" in the sixteenth (16) line, and 1:he clause beginning "and they shall" in line twenty-two (22) to and including "Section one thousand five hundred and forty-three" in the line twenty-six (26) ; and Sections 1, 2, 4, and 6, Chapter 27, Session Laws of 1901, are hereby repealed. Section 3 of Chapter 27 Session Laws of 1901 is also amended by taking out the words "or towns" in the fourth (4) line and substituting "ten (10) mills" for "seven and one-half (7^) mills" in the ninth (9) line thereof. Section 4, Chapter 98, Session Laws of 1901 is hereby repealed. Session laws of 1903, Chapter 23, an act providing for the writing and publishing of the history of New Mexico; Sec- tions 1, 3, 4, 5, and 14, Chapter 119, "An Act to harmonize and strengthen the existing school laws and for other purposes" and Chapter 120, "An Act to regulate county institutes" are hereby repealed. Section 18, Chapter 80, Session Laws of 1899; Section 1, Chapter 21, and Section 12, Chapter 90, Session Laws of 1901 ; Section 10, Chapter 108, and Section 1, Chapter 74, Chapter 23, Chapter 100, Laws of 1903; Section 4, Chapter 48, Section 5, Chapter 60, Laws of 1905 are hereby repealed. Section 1532 (as amended), of the Revised Statutes 1897 is hereby amended by substituting "March" for "May" in line twelve, "April" for "June," in line fourteen, "April" for "June" in line twenty, "May" for "July" in line twenty-four, and "May" for "July" in line twenty-six. Section 2, Chapter 55, Laws of 1901, is hereby amended by inserting the expression, "except in case of election to fill vacancy for unexpired term," after the word "for" in line two. 218 COMPILATION OF THE SCHOOI. LAWS and by substituting ''May" for "July" in line four : Provided, hozvcver, That the term of office of school director elected for 1907 under the provisions of these amended acts shall begin on the first Monday in Julv, 1907, and end on the first Monday in May, 1908. Chapter 72>, "An Act to authorize the territorial board of education to issue certificates to normal institute conductors, to harmonize the school laws of 1905, and for other purposes" is hereby repealed. Sec. 31. Immediate Effect. — All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in effect from and after its passage. CHAPTER CIV. LAWS OF 1907. Sec. 31. All money paid over to the territorial treasurer by the commissioner of public lands, derived from the leasing of School section 16 and 36, or lands selected as indemnity lands in lieu thereof, shall be credited by the territorial treas- urer to the Common School Fund, and on or before the first Monday of March, June, September, and December of each year it shall be his duty to make a complete statement of all moneys applicable to the use and support of the common schools of the territory and deliver the same duly certified to the superintendent of public instruction ; and within twenty days thereafter the said superintendent shall make an appor- tionment of said money to the various counties according to the pro rata enumeration of school children in each county acording to the latest returns from the county superintendent of schools, and shall certify the aportionment of each county to the territorial treasurer and territorial auditor, and to the treasurer and superintendent of each county, and the terri- torial auditor shall draw his warrant on the territorial treas- urer in favor of the treasurer of each county for the amount apportioned to said county, and said money shall be appor- tioned and distributed in each county according to the law governing the apportionment and distribution of other school funds. Sec. 39. Whenever any of the school sections or other land of the Territory of New Mexico shall become valuable or GF THE TERRITORY OF NEW MEXICO 219 desirable for manufacturing, or for townsite purposes, the commissioner of public lands may in his discretion cause or permit the same to be subdivided into suitable tracts or sur- veyed into lots and blocks with the usual reservation for streets, alleys and public reservations and shall cause appraise- ments to be made of such subdivisions and of said lots and blocks in any suitable manner and shall prescribe rules and regulations not inconsistent with the provisions of this act and the Act of Congress under and by virtue of which title thereto hath heretofore or may hereafter vest in said Territory for the use and occupancy thereof and may, in his discretion, lease or sell said lots, blocks and subdivisions thereunder upon such terms and conditions as he may deem for the best interest of the territory : Provided, That in the leasing of said lots, blocks and subdivisions all of the provisions of this act regard- ing improvements, preferred rights to re-lease and transfer of leases shall apply to the leasing of lots, blocks and other sub- divisions so far as the same shall be applicable. 220 COMPILATION 01^ THE SCHOOL. I.AWS Session Laws 1909. CHAPTER 4. An Act, entitled "An Act to establish a museum eor THE territory OE NEW MEXICO, AND EOR OTHER PUR- POSES." A. H. B. No. 100; Approved February 19, 1909. Sec. 1. etc. Sec. 2. Sec. 3. Sec. 4. CONTENTS. Museum of New Mexico established; location; management, Buildings and grounds set aside for; description. Historical Society of New Mexico; rooms provided for, etc. Board of Regents; personnel of; appointment; oath, duties; to receive no compensation; Secretary and Treasurer to be elected and give bond; approval of bond; auditing of accounts; quorum; rules; vacancies. Sec. 5. Director of School of American Archaeology to be director of Museum of New Mexico; no compensation from New Mexico. Sec. 6. Board of Regents to equip building, etc., for occupancy; funds to be provided by Territory not to exceed $3,000. Sec. 7. Buildings to retain external appearance as nearly as pos- sible. Sec. 8. Approp^riation for; when available, etc. Sec. 9. Board of Regents to make annual report. Museum and all property to remain exclusive property of New Mexico. Whereas, The Archaeological Institute of America, located in the City of Washington, D. C, a corporation organized and existing under and by virtue of an act of the Congress of the United States, has by a resolution adopted by the Council of the said institute on the 31st day of December, 1908, made a proposition to the Territory of New Mexico, for the location of its School of American Archaeology in Santa Fe, which proposition is filed with the Secretary of New Mexico, and upon the performance of the conditions thereof by the Arch- OF THE) TE^RRITORY OF N^W MEXICO 221 aeological Institute of America all of the provisions of this act are based; and Whereas, The said Territory of New Mexico is desirous of accepting the proposition made by said institute and avail- ing itself of the benefits to said Territory arising therefrom;, therefore Be it enacted by the Legislative Assembly of the Territory of New Mexico : Section 1. There is hereby established the Museum of. New Mexico, which shall be located at the City of Santa Fe, and which shall be under the management and control of a board of regents of six members to be appointed as herein- after provided. Sec. 2. The building known as the Old Palace, in Santa Fe, and the grounds appertaining thereto, bounded as fol- lows : On the south by Palace Avenue ; on the east by Wash- ington Avenue; on the north by lands of the Territory on which is now being constructed the Armory building, and the lands of the Santa Fe Lodge No. 460, B. P. O. E. of Santa Fe, and on the west by Lincoln Avenue, together \nth. all buildings and improvements thereupon situate and all lands or other property that may be acquired for museum purposes at any time in the future, are hereby placed under the control of the Board of Regents herein created, for the use of the Museum herein established, and for other purposes as herein specified. Sec. 3. The Board of Regents shall grant, free of rent, to the Archaeological Institute of America, the use of the. property herein described, for the seat of its School and Museum of American Archaeology which museum, shall be the Museum of New Mexico: Provided, That the rooms in the east end of the building which are now occupied by the Historical Society of- New Mexico, shall be reserved for the use of said society, free of rent, so long as the same is con- ducted in harmony with the management of the Museum of New Mexico herein established, and for free public use. The facts of which shall be judged of by the Territorial Legisla- ture. Sec. 4. The Board of Regents shall be constituted as follows : The Governor of New Mexico is hereby authorized to nominate, and by and with the advice and consent of the Council, appoint one reputable citizen of New Mexico, and 222 COMPILATION Olf THE SGHOOIv LAWS three members of the managing committee of the School of American Archaeology, who shall be designated to him by its chairman. The Governor of New Mexico and the president of New Mexico Archaeological Society, shall be ex-officio members of said Board of Regents, with full power of mem- bership. No member of said Board of Regents, shall receive any salaj"y or compensation, either directly or indirectly from the Territory of New Mexico, for any services performed as members of said Board of Regents, and each member of said board shall, after his appointment as aforesaid, take and subscribe an oath before a qualified notary public having a seal, for the faithful performance of his duties as such, wnich oath of office shall be filed with the Secretary of New Mexico. Said Board of Regents shall assemble at Santa Fe, New Mexico, within ninety days after the passage of this act, and organize by the election of one of its members as president, and one of its members as secretary and treasurer. The sec- retary and treasurer shall be a resident of New Mexico, and shall execute good and sufficient bond in the sum of not less than five thousand dollars to the Territory of New Mexico, to be approved by the Secretary of New Mexico, and by him deposited for safe keeping, for the faithful perfomiance of his duties as secretary and treasurer as aforesaid, and for the proper accounting for all funds received by him from any source whatsoever in his official capacity. At the annual meeting of said Board of Regents, the accounts of the secre- tary and treasurer shall be audited, and all valid accounts ap- proved. Four members of the Board of Regents shall consti- tute a quorum for the transaction of business, but a less number may adjourn from time to time. Said board shall provide proper rules and regulations for its own government. The appointed members of said board shall hold office for the term of four years, and until their successors are appointed and qualified. In case of any vacancy in said board, the Gov- ernor is hereby authorized to fill such vacancy in the same manner as provided for in this act, as to resident or non-resi- dent appointive members. Sec. 5. The Board of Regents shall accept the services of the director of the School of American Archaeology as di- rector of the Museum of New Mexico, but said director shall receive no salary from funds appropriated by New Mexico. Sec. 6. The Board of Regents is authorized to equip the Old Palace building with heating plant, electric light and Q-e THE TERRITORY OF NEW MEXICO 223 plumbing, out of funds to be appropriated for that purpose by the Territory of New Mexico, in a sum not to exceed three thousand dollars. Sec. 7. The Board of Regents is directed that all altera- tions, extensions and additions to the main Palace building shall be made so as to keep it in external appearance as nearly as possible in harmony with the Spanish architecture of the period of its construction and preserve it as a monument to the Spanish founders of the civilization of the Southwest. Sec. 8. There is hereby provided an annual appropria- tion of five thousand dollars, or so much thereof as may be required to be used for the care and improvement of the building, grounds and museum, the obtaining of collections, books and equipment for the museum, the excavation and study of ancient ruins for the benefit of the museum, the ■preservation of archaeological sites in New Mexico, the pub- lication of investigations in New Mexico, and for incidental expenses necessary to the administration of the museum ; said appropriation to be available each year as follows : Twenty- five hundred dollars on the 30th day of June, and twenty-five hundred dollars on the 31st day of December; and the auditor of public accounts of New Mexico is hereby directed to make a sufificient levy on all property subject to taxation in New Mexico each year, to realize the sum provided herein, and to direct the several collectors of taxes to collect the same at the same time and in the same manner as other taxes are col- lected, and when the same shall be paid over to the Territorial Treasurer, he shall deposit the same in a separate account to be kept by him to be known as "The Museum of New Mexico Fund," and the said auditor of public accounts shall draw his warrants on such funds when available on vouchers properly signed by the secretary and treasurer of said Board of Re- gents, and the treasurer shall pay the same on presentation thereof to him. Sec. 9. The Board of Regents of the Museum of New Mexico provided for by this act shall make annually on or before the fifteenth day of January to the Governor of New Mexico a detailed report of all of its acts, transactions, re- ceipts and disbursements for the calendar year immediately preceding such report, which said report shall be transmitted to the first session of the Legislative Assembly held after he shall have received the same for the consideration and the action of the legislature thereon. The Museum of New 224 COMPILATION OF THE SCHOOIy LAWS Mexico hereby established and all of its property of every kind and description shall be and remain the exclusive prop- erty of the Territory of New Mexico, and any future legisla- ture shall have the right to amend, alter or repeal this act in whole or in part. Sec. 10. This act shall be in force and effect from and after its passage, and all acts and parts of acts in conflict with any of the provisions of this act are hereby repealed, and nothing in this act shall be construed in any way to interfere with the museums of the territorial institutions. CHAPTER 7. An Act to provide eor an issue of bonds oe the terri- tory OE NEW MEXICO EOR COMMON SCHOOL PURPOSES, DEFINING THE PURPOSES EOR WHICH ThE MONEY SHALL BE USED AND EOR OTHER PURPOSES. H. S. H. B. No. 96; Approved Pehniary 25, 1909. CONTENTS, Sec. 1. Amount of bond issue. Sec. 2. Sale of; denomination; interest rate; wiien payable; by whom signed. Sec. 3. Interest to be paid out of income from common school lands; tax to be levied in 20 years from date to provide funds for pay- ment of principal, at or before maturity. Sec. 4. When not sufficient funds to pay interest, procedure; method of sale. Disposition of revenue from sale of. Banks accepting deposits of such funds to give bond; amount; )viso. Unlawful to use funds for any other purpose; penalty. Treasurer to keep dailj' record of moneys in fund, etc. Special fund. Board of Trustees; personnel; secretary of; powers. Districts entitled to funds; application for; procedure. Proviso. Sec. 12. Board of Trustees may order school district to issue bonds in full amount as provided by law for school building; Board then to pay balance of cost of construction out of fund. Sec. 13. Application for funds; by whom signed; method of securing; to issue school district bonds; how refunded. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11. OF the; territory of new mexico 225 Sec. 14. Approval of application by Trustees to be endorsed and cer- tified to auditor of territory. Sec. 15. Length of school term; where funds not sufficient, to be provided out of fund; application for, etc. Sec. 16. Treasurer of territory to preserve all warrants paid out; Auditor to preserve all applications and orders. Sec. 17. When all districts provided for, fund herein created to be paid into general school fund of territory. Sec. 18. Unlawful to use funds for any other purpose; penalty. Sec. 19. Purpose and intent of act. Sec. 20. This act to be enforced by mandamus. Section 1. An issue of bonds of the Territory of New Mexico in the sum of five hundred thousand dollars is hereby authorized and directed, the proceeds of the sale of such bonds to be expended and used for the purposes hereinafter provided. Sec. 2. Such bonds shall be issued in the denomination of one thousand dollars each, to be known as "Territorial Common School Bonds ;" shall bear interest at the rate of four per centum per annum, payable semi-annually on the first days of January and July of each year until maturity, principal and interest payable at such places as may be agreed upon by tho purchaser of said bonds, in the City of New York, State of New York, or in the City of Santa Fe, Territory of New Mexico, such place to be designated and named on the face of such bonds; said bonds shall be signed by the Governor and Treasurer of the Territory, and countersigned by the auditor of public accounts, and shall be made payable in thirty years from July 1, 1909, and such bonds shall be dated July 1, 1909. ' Sec. 3. So much of the income of the common school lands of the Territory of New Mexico, as is necessary to pay the interest on said bonds is hereby pledged to the payment of the same, and the Territorial Treasurer is hereby directed and authorized to pay said interest out of the income from said common school lands, and each year to hold and retain in the treasury of the Territory sufficient money, from said income, to pay such interest ; and for the final redemption of the prin- cipal of said bonds, there shall be levied at the expiration of twenty years from the date of said bonds an annual tax, "suf- ficient to provide for the payment of said bonds on or before maturity. Sec. 4. The full faith and credit of the Territory of New Mexico is hereby pledged to the payment of both the princi- 226 COMPILATION OF THE SCHOOL LAWS pal and interest of said bonds ; and in the event there shall not be sufficient funds derived from the income from said com- mon school lands, in any year or years, to pay any installment of interest when due, the said Treasurer of New Mexico shall complete the payment thereof, out of any other funds, not otherwise appropriated, and if, in the judgment of the Auditor of the Territory, there will not, in any given year, be sufficient funds derived from the income of common school lands of the Territory of New Mexico for the payment of such interest, then said Auditor shall cause a levy to be made, upon the taxable property within the Territory of New Mexico, suffi- cient to pay the balance of said interest. Said bonds shall be sold by the Treasurer of the Territory of New Mexico, at not less than their par value and accrued interest, and said Treas- urer shall, by public notice, which notice shah be inserted in some leading financial journal published in the United States, and in one of the leading daily newspapers published in the Territory of New Mexico at least six times, in succeeding issues, for at least thirty days prior to the date fixed for the sale of such bonds, invite sealed proposals for the sale of such bonds, and, on the date fixed for opening such bids he shall open the same in the presence of the bidders, who may be present, and the public, in his office, and shall award said issue of bonds to the person, firm or corporation, offering therefor the highest premium : Provided, hozvever, Said Treasurer may, with the concurrence of the Superintendent of Public Instruction and the Governor of the Territory ofifer and sell, only a portion of said issue, and may retain in the vaults of the Treasury the remaining bonds, to be thereafter disposed of, upon order of the Governor and Superintendent of Public Instruction, but no portion of said bonds shall be disposed of except in the manner herein provided. Sec. 5. The proceeds of such sale or sales, shall be re- ceived by the Treasurer of the Territory of New Mexico, and shall be credited by him to the Territorial Common School Bond Issue Fund, and said fund shall be used only for the purposes hereinafter specified, and so much of said funds, which are not required for immediate use, shall be deposited by said Treasurer in banks in the Territory of New Mexico, at not less than three per cent interest per annum, payable on daily balances, and all interest so received shall be credited to th Common School Fund of the Territory. Sec. 6. Before any such money shall be so deposited, the OF The: territory oi' new mExico 227 Treasurer of the Territory, shall require the bank or banks, with which it is proposed to deposit said funds to execute and give to said Treasurer a good and sufficient bond, and if said bond so proposed be a surety bond the liability thereof shall be not less than the full amount of money deposited with said bank, and if the same be a personal bond, the liability thereon shall exceed, by at least twenty-five per centum, the amount so deposited, and the sufficiency of the same shall be deter- mined by a certified statement from the county assessor of the county wherein such sureties may reside, setting forth the assessed valuation of the property and effects of the signers of said bond. Sec. 7. It shall be unlawful for any Territorial, or other official, to use any portion of the fund derived from the sale of such bonds, for any purpose, other than as herein specified, and any such official who shall divert or use any portion of such money, for any other purpose, shall be forthwith re- moved from office, and he shall be liable, in an action to be brought by the Attorney General of the Territory of New Mexico, on his official bond, for any money so used. Sec. 8. It shall be the duty of the Treasurer of the Territory of New Mexico, to keep a daily record of all moneys in the fund hereby created, and of all payments made there- - from showing in such record the daily balance in such fund, and where the same is deposited or kept, and any citizen of the Territory of New Mexico, shall, upon demand, have the right to inspect such record. Sec. 9. All money realized from the sale of the bonds herein authorized, shall be a special fund, available and to be used only for the purposes hereinafter specified, and in the manner hereinafter provided. Sec. 10. The Governor, Secretary of the Territory and the Superintendent of Public Instruction shall constitute a Board of Trustees for the management and disbursement of such fund, and no portion of such fund shall be paid out ex- cept upon a written order to the Auditor of the Territory, signed by at least two of said officials. The Superintendent of Public Instruction shall be the secretary of such board and all applications for assistance from said fund, as hereinafter pro- vided, shall be made to such Superintendent of Public In- struction. Sec. 11. Any school district already formed, or which may hereafter be formed, no portion of which is included 228 COMPILATION OF THK SCHOOL LAWS within the limits of an incorporated city or town wherein there is not sufficient taxable property to enable such school (district to build and construct a suitable school house, or suitable school houses, for the convenience and suitable edu- cation of the children therein of school age, may make appli- cation to the Superintendent of Public Instruction of the Ter- ritory of New Mexico, on -a form to be prepared by the At- torney General of the Territory, for sufficient funds, out of the fund herein created, to enable such district to build and construct such school house or school houses ; such application shall describe the boundaries of such district, give the amount of taxable property therein, its indebtedness already issued and outstanding, the number of children of school age therein who can be accommodated by such school building, and all other facts which may aid the board provided for in Section 10 in determining the advisability of constructing such school building or buildings ; said application must, before presenta- tion to the Superintendent of Public Instruction, receive. the endorsement of the county superintendent of schools, which said endorsement must appear on said application : Provided, hcnvcver. Should the county school superintendent arbitrarily refuse to approve any such application, the directors may present the same to the Superintendent of Public Instruction, and the Board of Trustees may, after a hearing, if it finds the facts warrant, approve said application without the endorse- ment of the county superintendent of schools. Sec. 12. The Board of Trustees may order and direct any such school district to first issue bonds, as provided by law and to the full amount as limited by law, and apply such proceeds toward the construction of such school building, and pay only the balance of the cost of construction out of the fund herein created. Said board may, if it deem it advisable, pay all the cost of construction out of such fund. Sec. 13. Such application, provided for in Section 11 hereof, shall be signed by the school directors and also by the majority of the resident freeholders within said school district and the same shall be verified by the directors. If the Board of Trustees so order, said district shall issue bonds as pro- vided in Section 12 hereof, before it shall be entitled to any money out of the fund herein created, and it shall be the duty of the directors of such school district, when the taxable property in such district is sufficient to enable such district to issue school bonds, within the limit as now fixed by law, to oif the; territory of new mexico 229 issue bonds of said school district for the full amount of the money received from the Territory of New Mexico, under this act, and sell the same, and said district shall then refund to the Treasurer of the Territory any and all moneys advanced for the purpose of constructing school houses as herein pro- vided, and such money so refunded shall be by the Treasurer credited to the fund herein created, and paid out as other moneys of such fund; and it shall not be necessary for the people of such district to vote on the question of the issuance of bonds as herein provided, for the purpose of making such refund to the Territory, but such petition, so presented as provided in Section 11 hereof, shall be held and construed to authorize the issue of bonds for such purpose. Sec. 14. The Board of Trustees, if it approves such ap- plication, shall endorse thereon its approval, and direct the amount of money to be paid thereon, and shall certify the same to the Auditor of the Territory, who shall draw his warrant in favor of such school district, payable out of the fund herein created, and the Treasurer of the Territory shall pay said warrant, upon presentation, out of such fund, and shall be allowed credit therefor. Sec. 15. Hereafter there shall be held in each school dis- trict in the Territory of New Mexico a term of school of not less than five months in duration, and any such school district that has not within its confines sufficient taxable property. taxed at the maximum allowed by law for school purposes, to produce sufficient revenue for such term of school, shall receive out of the fund herein created, sufficient money, in addition to that raised therein by taxation as herein provided, to enable such district to conduct a school term of five months. It shall be the duty of the school directors, of all such districts, within the Territory, to apply to the Superintendent of Public Instruction for such assistance, such application to be made upon a form prepared by the Attorney General of the Terri- tor}'-, giving among other things the taxable value of all property in such district, the rate levied, the salary paid, or to be paid the teacher, the number of children of school age, the number of school buildings where it is proposed to con- duct school, and such other information as may be required either by the Attorney General or the Superintendent of Pub- lic Instruction; said application shall be approved by the county superintendent of schools of such county wherein such district is located, before the same is presented to the Superin- 230 COMPIlvATlON OF THE SCHOOIv LAWS tendent of Public Instruction. If the Board of Trustees ap- prove such appHcation it shall endorse its approval thereon, and shall certify the same to the Auditor of the Territory, to- gether with the amount to be paid thereon, and said Auditor shall draw his warrant on the Treasurer of the Territory, payable out of the fund herein provided for, in favor of such school district, and take credit for the same. Sec. 16. It shall be the duty of the Treasurer of the Territory to carefully preserve all such warrants so paid, and to render account of such fund herein created, as now re- quired by law of other funds in his hands, and the Auditor shall carefully preserve all applications and orders coming into his hands as herein provided. Sec. 17. Whenever it shall be made to appear to the Governor, the Superintendent of Public Instruction and the Secretary of the Territory that there are no remaining school districts within the Territory of New Mexico, in which there is not sufficient taxable property to provide for a five months school each year, and to provide suitable school buildings, such Governor, Superintendent and Secretary shall direct any portion of the fund herein created to be paid into the general school fund of the Territory, such direction shall be signed by such officials, and presented to the Treasurer and there- upon he shall credit such balance to the general school fund. Sec. 18. Any official, into whose hands any of the money or funds herein provided for shall come, who shall use any .portion of such money or funds, for any purpose, other than the purpose herein specified and provided for, shall be deemed guilty of embezzlement, and upon conviction shall be sen- tenced to the penitentiary for not less than one year nor more than ten years and fined in any sum not exceeding the amount so used or embezzled, and he shall be forthwith removed from office, and shall thereafter be ineligible to hold any office of trust or profit in the Territory of New Mexico. Sec. 19. It is the purpose and intent of this act to pro- vide funds and means for the education of all the children within the Territory of New Mexico, of school age, who are not now able to secure such education, and to provide for the location and erection of suitable school buildings, and this act shall be construed liberally for the accomplishment of such purpose. ■OF THE TERRITORY OE NEW MEXICO C_ J 231 Sec. 20. Any act or duty, imposed upon an official by this act, may be enforced by mandamus. Sec. 21. This act shall be in full force from and after its passage and all acts and parts of acts in conflict herewith are hereby repealed. CHAPTER 12. An Act to repeal, an act entitl,ed "an act to make the TOWN OE SILVER city AN INDEPENDENT SCHOOE DISTRICT, AND TO PROVIDE EOR THE REGULATION AND SUPPORT OE SUCH SCHOOL district/' APPROVED EEBRUARY 18. 1882; TO SUBJECT THE TERRITORY EMBRACED IN SAID INDEPEND- ENT SCHOOL DISTRICT TO THE OPERATION OE THE GEN- ERAL SCHOOL LAWS OF THE TERRITORY OF NEW MEXleO AND FOR OTHER PURPOSES. H. S. C. S. H. B. No. 29; Approved March 2, 1909. CONTENTS. Sec. 1. Repealing clause. Sec. 2. Silver City created independent school district . Sec. 3. Board of Trustees to constitute Board of Education until next town election. Sec. 4. Board of Education to consist of three members. Election of. Sec. 5. Property. Disposition of. Sec. 6. Funds. Disposition of. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That the act of the Legislative Assembly of the Territory of New Mexico, approved February 18, 1882. entitled "An Act to make the town of Silver City an inde- pendent school district, and to provide for the regulation and support of such school district" be and the same is hereby repealed. Sec. 2. That all territory embraced within the corporate limits of the town of Silver City in the County of Grant, shall hereafter be subjected to the general laws of the Territory of 232 COMPILATION 01^ the: SCHOOlv LAWS New Mexico with reference to boards of education in towns, being Sections 1563 to 1601 of the Compiled Laws of the year 1897, and other general laws with reference to boards of education of towns. Sec. 3. That the board of trustees of said independent school district shall until the next town election for the town of Silver City be and constitute the board of education of the town of Silver City of the Territory of New Mexico, and shall have all powers and be subject to all lia:bilities of such board of education as constituted by such general public laws relating to incorporated towns. Sec. 4. At the next election for the town of Silver City, there shall be elected a board of education for said town, con- sisting of three members, who shall hold their offices until their successors shall be elected and qualified under the gen- eral school law. Sec. 5. That the board of trustees of said independent school district shall and it is hereby authorized and required to at once turn over, transfer and convey to the board of edu- cation of the town of Silver City of the Territory of New Mexico, all property and funds of said independent school district in their hands or in their custody or control, and the same shall become the property of said board of education of the town of Silver City of the Territory of New Mexico. Sec. 6. That the treasurer of the County of Grant, be and he is hereby authorized and directed to turn over to the treasurer of the town of Silver City as ex-officio treasurer of the board of education of the town of Silver City of the Ter- ritory of New Mexico, all money now in his hands, or which may hereafter come to his hands, levied or assessed, for the benefit of the said independent school district, after sucn treasurer has executed a bond as provided by Section 1571 of the Compiled Laws of the Territory of New Mexico for 1897. Sec. 7. This act shall be in full force and effect from and after its passage. Olf THE TERRITORY OE NEW MEXICO 233 CHAPTER 43. An Act providing eor the payment oe the compensa- tion oE county superintendents out of the schooe funds oe the counties, and for other purposes. H. B. No. 245 ; Approved March 16, 1909. CONTENTS. Sec. 1. County School Superintendent. Salary. Payment of. Sec. 2. General county fund to be reimbursed from "General County School Fund," for payments made during 1909. Be it enacted by the Legislative Assewibly of the Territory of Nezv Mexico: Section 1. The annual compensation of County School Superintendents provided for in Section 21 of Chapter 97 of the Acts of the 37th Legislative Assembly may be paid out of the general county school fund quarterly upon warrants isued by the Board of County Commissioners as other salaries are paid, or said salary may in the discretion of the Board of Commissioners be paid out of the general county fund. Sec. 2. All moneys paid during the year 1909 to county superintendents out of the general county fund may be re- turned to such fund from the general county school fund. Sec. 3. This act shall take effect and be in force from, and after its passage and approval, and all acts and parts of acts in conflict herewith are hereby repealed.' 234 COMPIIvATlON OF THE SCHOr^^w I.AWS ( CHAPTER 57, An Act to amend section two oe chapter sixty-five, EAws OF 1907. H. B. No. 260; Approved March 17, 1909. CONTENTS. Sec. 1. Amends Section 2, Chapter 65, Laws 1907, with relation to delinquent taxes. Be it enacted by the Legislative Asse^nbly of the Territory of New Mexico: Section 1. That Section 2 of Chapter 65 of the Laws of 1907, be amencled by substituting therefor the following: '^That all delinquent taxes for the years 1901, 1902, 1903, 1904,-1905 and 1906 be distributed as follows: Two-thirds tlT,ereof to be paid into the General County Fund, and one- third thereof to be paid into the General School Fund of the respective counties in which they are collected : Provided^ hozvcver, that the two-thirds of such taxes as above men- tioned to be paid to the General County Fund shall be used for the purpose of paving the debts of such county for the years 1901, 1902, 1903, 1904, 1905 and 1906, and shall be applied pro rata upon the debts of said county incurred during such years and duly approved by the Board of County Com- missioners ; and if any surplus shall remain the said surplus shall go to the current expense fund of the said county." Sec. 2. That this act shall be in full force and effect from and after its passage and all acts in conflict herewith are hereby repealed.*' OF THE TERRITORY OF NEW MEXICO 235 CHAPTER 58. An Act to validate certain indebtedness oe schooe DISTRICT NUMBER EIGHT, COUNTY OE GUADAI^UPE. A. C. B. No. 70] Approved March 17, 1909. CONTENTS. Sec. 1. Indebtedness of School District No. 8, Guadalupe County, validated. Sec. 2. Bonds to be issued for payment of. Amount, date, redemp- tion, etc. Sec. 3. After sale of bonds, warrants to be issued to cover indebted- ness. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That the indebtedness of School District No. 8, County of Guadalupe, Territory of New Mexico, in the sum of seven hundred dollars ($700.00) due to the First Na- tional Bank of Santa Rosa, New Mexico, is hereby validated and made binding upon said school district. Sec. 2. That for the payment of the indebtedness men- tioned in Section 1, of this act, the Board of School Directors of School "District No. 8, Guadalupe county, are hereby au- thorized and directed to make and issue its bonds in the sum of one hundred dollars each, or any multiple thereof in the ag- gregate sum of seven hundred dollars ($700.00), to be dated July 1, 1909, bearing interest at the rate of five per centum, payable semi-annually, until paid, and payable twenty years after date, and to deliver said bonds to the treasurer of the said County of Guadalupe ; and the said treasurer upon receipt of said bonds shall sell the same to the highest and best bid- der for cash, and at not less than par, and the proceeds from said sale shall be deposited by said treasurer as a special de- posit subject to the warrants to be drawn as herein specified by said Board of School Directors, and said treasurer shall notify said board of said sale. Sec. 3. That said Board of School Directors of said School District No. 8, upon being informed of the sale of said bonds, by the treasurer, shall make out their warrants in favor of the parties named in Section 1 of this act, for the amount 236 COMPILATION 01^ THE SCHOOL LAWS due them, which warrants shall be paid by the treasurer of said county out of the proceeds derived from the sale of said bonds. Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed and this act shall take effect and be in full force from and after its passage. CHAPTER 97. An Act entitled an act to establish the new mexico spanish-american normal school. a. c. b. no. 69; Approved March 18, 1909. CONTENTS. Sec. 1. New Mexico Spanish-American Normal School created. Ob- ject. Location. Sec. 2. Management and control. Powers of trustees. Sec. 3. Course of instruction. Graduates to sign obligation to teach. When excused. Qualifications of scholar. Sec. 4. Appropriation for, etc. Whereas, Over 400 country public schools in New Mexico are composed principally of scholars whose native language is Spanish, and who consequently can only be taught English and other studies effectively by teachers acquainted with the Spanish language; Whereas, The most pressing need of our country common schools in counties where the Spanish language is prevalent is a sufficient number of native Spanish-speaking teachers, in sympathy with their scholars, and with ample education and training in their profession to teach schools in Enghsh; Whereas, The Territory of New Mexico possesses a com- modious and well-built edifice at El Rito, Rio Arriba county, erected for the purpose of a Territorial Reform School, but which has never yet been occupied, and by its situation is not well adapted to the purpose for which it was constructed, but is centrally located in the counties havi-ng the largest propor- OF THE TERRITORY OF NEW MEXICO 237 tion of Spanish-Speaking persons, and can easily be adapted to general educational use ; therefore, Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. There is hereby constituted and established the New Mexico Spanish-American Normal School, the ob- ject of which shall be to educate Spanish-speaking natives of New Mexico for the vocation of teachers in the public schools of the counties and districts where the Spanish language is prevalent. Said Normal School is - hereby located at El Rito. Rio Arriba county, on the premises now occupied by the New Mexico Reform School; and said premises, together with the buildings erected thereon, and all fixtures and equipment con- nected therewith are hereby transferred to the said normal school. Sec. 2. The management and control of said Spanish- American Normal School, the appointment, qualification, powers and duties of its trustees, shall be the same as pro- vided for said Reform School and other Territorial institu- tions by Sections 6 and 7 of Chapter 2, of the Laws of 1903 ; so far as applicable. Sec. 3. The courses of instruction at said normal school shall be particularly arranged for the training and qualification of teachers to give instructions in English in the ordinary rural public schools of the Territory, and especially in those where the greater part of the scholars belong to Spanish- speaking families. Every scholar admitted to said Normal School shall sign an obligation agreeing, in case he or she graduates, to teach at least two years in public schools of the Territory, unless excused for good cause by the Territorial Board of Education. No scholar shall be received in said school who has not passed the fourth grade as established in the public schools of New Mexico in a satisfactory manner; or passes a satis- factory examination for entrance in the fifth grade ; and the trustees of said school are directed to make regulations to insure compliance with this provision. Sec.' 4. The sum of $4,500 or so much thereof as may be necessary, is hereby appropriated from money in the Ter- ritorial Treasury raised by taxation to the credit of the New 25.8 COMPILATION O^ THE SCHOOL LAWS Mexico Reform School, for obtaining necessary furniture and apparatus for the opening of said school and for the expenses and maintenance of the same to July 1, 1910. Sec. 5. All acts and parts of acts in conflict herewith are liereby repealed. This act shall be in force and effect from and after the date of its passage. CHAPTER 106. An Act to amend an act entitled '"''an act to provide FOR THE leasing, sale, MANAGEMENT AND CONTROL OE ALL LANDS NOW OWNED OR HEREAETER ACQUIRED BY THE TERRITORY OE NEW MEXICO; TO CREATE A TERRITORIAL PUBLIC LAND OFFICE; A COMMISSIONER THEREOF, AND to PRESCRIBE THE DUTIES OF SUCH OFFICER; TO PROVIDE FOR THE CARE, CUSTODY, DISPOSITION AND INVESTMENT OF MONEYS DERIVED FROM ALL TERRITORIAL LANDS BY LEAS- ING, SALE OR OTHERWISE ; AND FOR OTHER PURPOSES, AP- PROVED MARCH 21, 1907," AND FOR OTHER PURPOSES. H. B. No. 187; Apprcrued March 18. 1909. CONTENTS. Sec. 1. Sec. 3, Chap. 104, Laws 1907, amended. Sec. 2. Sec. 5, Chap. 104, Laws 1907, amended. Sec. 3. Sec. 6, Chap. 104, Laws 1907, amended. Sec. 4. Sec. 7, Chap. 104, Laws 1907, amended. Sec. 5. Sec. 8, Chap. 104, Laws 1907, amended. Sec. 6. Sec. 11, Chap, 104, Laws 1907, amended. Sec. 7. Sec. 12, Chap. 104, Laws 1907, amended. Sec. 8. Commissioner of Public Lands. Authority to sell certain lands to the town of Portales. Proceeds of sale. Sec. 9. Town of Portales to act as trustee. Disposition of revenue. Lands for cemetery purposes. Commissioner to sell. Be it enacted by the Legislative Assembly of the Territory of Nezv Mexico: Section 1. That Section 3 of Chapter 104 of the Session O^ tut TERRITORY OF NEW MEXICO 239 Laws of 1907 be and the same is hereby amended so as to read as follows : "Section 3. The Commissioner of Public Lands shall be provided with an official seal and it shall be his duty to receive and pass upon all applications for leasing or purchas- ing Territorial lands and timber, and contracts, grants, rights- of-way, easements or other rights relating thereto, and exe- cute and authenticate therewith, on behalf of the Territory, all leases, deeds, contracts, grants, rights-of-way, easements, and other papers therefor, upon such terms and conditions as he may deem for the best interests of said Territory, not in conflict with the terms of this act and the act of Congress under and by virtue of which said lands have been, or may be, acquired ; and all such instruments heretofore or hereafter so executed shall be entitled to record without acknowledg- ment, and the record thereof in the county in which the land afifected thereby is situate shall constitute constructive notice to all persons of the contents thereof ; to provide all necessary equipment, property, records, books, blanks and appurte- nances of every kind whatsoever for the proper management of his office and the lands under his control and to have pos- session and charge of the same ; to deed by quit claim or otherwise to the United States covering any or all claim that the Territory of New Mexico may have in and to lands within any private land grant or reservation made in pursu- ance of authority of any act of Congress, for the purpose of selecting indemnity lands therefor, or lands in lieu thereof; to collect all" moneys due to the Territory on outstanding notes and other evidences of indebtedness for the purchase, leasing or use in any manner of Territorial lands and other- wise enforce the same according to the statutes of the Terri- tory of New Mexico, and all leases, notes, contracts or other evidences of indebtedness issued or made to or by the Board of Public Lands, or the Commissioner of Public Lands, are hereby declared to be the property of the Territory for the purposes of this act ; to receive and keep separate accounts of all moneys due to the Territory for the leasing, sale and handling of -all territorial lands granted for the benefit of the institutions designated in the Act of Congress approved June 21, 1898; and eighty per centum of said moneys shall be placed to the credit of separate funds, income and permanent, created for the respective purposes named in said act and paid over to the Territorial Treasurer on the first day of each month, as nearly as may be, to the credit of the several funds 240 COMPILATION OF THE^ SCHOOL LAWS respectively entitled thereto; to keep a full and complete rec- ord of all his official acts, and submit to the governor each year a report bearing date the last day of December, contain- ing a statement of the business and expenses of his office and the amount of money turned over by him to the treasurer for the benefit of each fund., also such recommendations as he may desire to make for the better management, handling and con- trol of Territorial lands, which report shall be published and distributed and the "expense thereof paid out of the moneys derived from said lands in like manner as other expenses connected with office required to be paid." Sec. 2. That Section 5 of said Chapter 104 of the Ses- sion Laws of 1907 be and the same is hereby amended so as to read as follows : "Section 5. The Commissioner of Public Lands shall receive for his salary the sum of three thousand ($3000.00) dollars per annum, payable monthly, and is hereby authorized to employ and appoint one assistant commissioner of public lands, who shall receive for his salary the sum of eighteen hundred ($1800.00) dollars per annum, payable monthly, and define his duties but who shall in the absence of the commis- sioner act for and in his stead in all matters pertaining to the leasing and protection of all Territorial lands, and receive for and account to the commissioner for all money so re- ceived due to the Territory from the leasing, sale, manage- ment and control of said lands ; and to employ and appoint one agent to investigate, inspect and appraise territorial lands, and perform such other duties as may be required of him at a salary of twelve hundred ($1200.00) dollars per annum, pay- able monthly, one bookkeeper, at a salary of one hundred and twenty-five ($125.00) dollars per month, one assistant book- keeper at a salary of one hundred ($100.00) dollars per month, and one stenographer at a salary of seventy-five ($75.00) dollars per month, who shall be subject to the imme- diate direction of the commissioner and shall employ such temporary help as is necessary, at the expense of not to exceed one thousand ($1000.00) dollars per annum, and in his dis- cretion he may require from said assistant commissioner and other employees good and sufficient bonds for the faithful performance of their respective positions, the amount of said bonds to be as determined by the commissioner." Sec. 3. That said Chapter 104, Session Laws of 1907, Section 6 thereof be and the same is hereby amended so as to read as follows : OF the: TE^RRITORY 01^ NE:W MEXICO 241 "Section 6. It shall be the duty of the commissioner of public lands, the assistant commissioner and the agent to devote as much of their time as possible to inspecting, investi- gating and appraising the Territorial lands and timber sub- ject to lease or sale, for the purpose of ultimately obtaining a complete record of the character and value of such lands, and they shall be allowed their actual expenses necessarily incurred, including traveling expenses, in the performance of their official duties, and he may require in his discretion any clerk or employee to perform any duty required by the terms of this act, and such employees shall in like manner be allowed their actual expenses necessarily incurred in the performance of the duties required of them under this act. Sec. 4. That Section 7 of said Chapter 104 of the Ses- sion Laws of 1907, be and the same is hereby amended so as to read as follows : "Sec. 7. All expenses incurred in the leasing, sale, pro- tection, management and control of the Territorial lands, including all salaries and office expenses, the expenses of the commissioner, assistant commissioner, and agent in investi- gating, inspecting and appraising said lands and timber, to- gether with all other expenses actually necessary to be incurred in the administration of this act, shall be paid out of the funds derived from the leasing, sale, management and control of the same. Itemized bills in duplicate of all expenses shall be filed with and approved by the commissioner of public lands, the original thereof to be presented to the Territorial auditor as provided in Section 8 of this act, and the duplicate to be retained on file in the office of said commissioner of public lands, and all expenses unless incurred for the benefit of some particular fund, shall be equitably distributed between the several funds." Sec. 5. That Section 8 of said Chapter 104 of Session Laws of 1907 be and the same is hereby amended so as to read as follows : "Section 8. Twenty per centum of all moneys received by the commissioner of public lands from the leasing, sale, management and control of Territorial lands shall be deposited with the Territorial Treasurer, said funds so deposited to con- stitute a salary and expense fund, and all disbursements made by said commissioner from said moneys in payment of salaries and expenses, as herein provided for, shall be made by vouch- ers in duplicate, with the approval of the commissioner indi- 242 COMPILATION OF THE SCHOOL LAWS cated thereon, numbered consecutively by series setting forth the account covered thereby, such account being duly itemized thereon, one copy thereof to be retained in the office of the commissioner of public lands and the other copy to be pre- sented to the Territorial auditor as herein set forth; said vouchers so presented to the Territorial auditor to be filed in his office and warrants drawn therefor upon said salary and expense fund in the hands of the Territorial Treasurer. Any balances that may remain in said salary and expense fund on the date of September thirtieth of any calender year, shall be apportioned by the Territorial Auditor among the common school and institutional funds from which such income has been derived in proportion to the total income, less the propor- tionate share of expense." Sec. 6. That Section 11 of said Chapter 104 of the Ses- sion Laws of 1907, be and the same is hereby amended so as to read as follows : "Section 11. It shall be the duty of each and every county assessor of the Territory of New Mexico, whenever requested so to do by the commissioner of public lands, to make returns, upon blank forms to be provided by the commissioner of public lands for that purpose, of any particular tract or of all lands located within their respective counties, and to place a value on said lands as on patented lands adjoining of like character, and as though they were assessing them to owners, and also to state if said lands are occupied and if so, by whom; also the amount and kind of improvements, if any, and the value thereof, together with the legal sub-divisions, townships and ranges, and such other information coming within the purview of their official positions as may be requested by the Commissioner of public Lands. Sec. 7. That Section 12 of said Chapter 104 of the Ses- sion Laws of 1907 be and the same is hereby amended so as to read as follows : "Section 12. All lands now owned or hereafter acquired by the Territory of New Mexico for leasing purposes only shall be subject to lease by the commissioner of public lands, and all other lands now owned or hereafter acquired by said Territory shall be subject to lease or sale by said commissioner as in his judgment will be to the best interests of the Terri- tory, but only in accordance with the provisions of law and the Act or Acts of Congress under which they have been or may be acquired, but : Provided, however, That none of said lands 0^ th^ te;rritory o^ new mexico 243 shall be leased for less than three percentum of their actual value as may be determined by said commissioner upon ap- praisement of said lands by special agents or otherwise as herein provided for, nor sold for less than the actual value thereof as so determined, and in no event shall such sale be for less than three ($3.00) dollars per acre, and. Provided, further', That the purchaser of land under the porvisions of this act, except in cases where this act prescribes cash pay- ment, shall enter into and sign a contract with the Territory to be signed by the commissioner of public lands on behalf of the Territory, and in a form to be prescribed by the commis- sionr and approved by the attorney-general, in which he shall covenant that he will make the payment of principal and in- terest when due, but, Provided, That all interest shall be com- puted from date contract is issued, and that he will pay all taxes and assessments that may be levied or assessed on such land, and that a failure to make the payments prescribed in such contract, and for six months thereafter, that he will, on demand of said commissioner surrender the said premises and upon such failure for six months all rights of the purchaser under said contract may, at the election of said commissioner of public lands, acting for the Territory, and without notice to said purchaser, be declared to be forfeited and when so de- clared forfeited the Territory shall be released from all obli- gations to convey said land. When the payments provided for in such contract as provided for in this act for land, stone, minerals or timber shall have been made in full, the commis- sioner of public lands shall make proper deed of conveyance to the purchaser, with the seal of his office attached thereto, but in no case shall final deed of conveyance be issued until after all of the purchaser's price and accrued interest has been paid. The contract provided for by this section shall be exe- cuted in duplicate, and one* copy shall be retained by the pur- chaser and the other shall be filed in the office of the commis- sioner of public lands. All contracts provided for herein shall be signed by the purchaser, and also by the commissioner of public lands, with the seal of his office attached thereto. The commissioner of public lands may, as he deems advisable, ex- tend the time for payment of principal and interest on con- tracts authorized in this section, and also Provided, That the Commissioner of public lands shall notify the purchaser of land in each instance when payment on his contract is overdue and that he is liable to forfeiture if payment is not made within six months from the time the same became due, unless 244 COMPIIvATlON OF THE SCHOOIv I.AWS the time be extended by the commissioner on a satisfactory showing as herein provided, and Provided, further, That the Commissioner of PubHc Lands shall make no contract for sale of lands by payment as herein provided, for a longer term than thirty years, and such contracts shall provide for pay- ment of the principal in equal annual installments, payable on Occtober first of each year, with interest on deferred payments at the rate of five per centum, but when payments are overdue and unpaid, and also Provided, That all moneys which have been paid on such obligations or contract of the purchaser and not paid and declared forfeited by the commissioner as pro- vided for herein shall revert to the particular fund or purpose to which such obligation or contract pertains, and all such property so forfeited shall be resold under the provisions of this act or any future law which may be enacted, in the same manner and with like force as if such forfeiture had not taken place, but : Provided, hozvever. That if any purchaser shall die his heirs or legal representatives shall have one year in which to make the first payment thereafter, after the first day of October next after such death, and Provided, further. That all lands classed and known as timber lands, must be sold for cash, the full purchase price being paid at the time of the sale, and upon such payment being made a deed shall be issued such purchaser by the commissioner of public lands with the seal of his office attached on behalf of the Territory." Sec. 8. The commissioner of public lands is hereby au- thorized, in accordance with Sec. 39 of an act of congress entitled, "An Act Relative to Affairs in Territories," approved February in 1909, to sell and convey to the town of Portales, in the Territory of New Mexico, school section number thirty- six iQ township one south of range thirty-four east, New- Mexico principal meridian, the same to be sold upon such terms as said commissioner shall deem proper and the pro- ceeds received by the commissioner for the sale of such school section shall be paid to the Territorial treasurer and applied to the common school fund as other moneys are applied which are received from the leasing of school sections as now pro- vided by law. Sec. 9. Said school section shall be taken and handled by the town of Portales as trustee for the benefit of the com- mon schools of said town, and all moneys received from the leasing or sale of such school section or any part thereof, shall be applied for the benefit of said schools. " OF THE TERRITORY OE NEW MEXICO 245 Whenever any act of congress authorizes the sale of any- particular school section or any part thereof upon which is iocated any cemetery or to be used for cemetery purposes, the commissioner of public lands is hereby authorized in accord- ance with the terms of such act of congress and for such price as he shall deem advisable, to sell and convey to any incorpo- rated village, town or city in this Territory such school sec- tion or part thereof to be used for such cemetery purposes. Sec. 10. All acts and parts of acts in conflict with this act, are hereby repealed and this act shall take effect and be in force from and after the date of its passage. CHAPTER 119. An Act to provide for the distribution and application OF MONEYS received BY THE TERRITORY OF NEW MEXICO FROM THE UNITED STATES GOVERNMENT AS ITS APPROPRI- ATION OF THE INCOME FROM FOREST RESERVES WITHIN THE SAID TERRITORY. C. B. No. 77 ; Approved March 18, 1909. CONTENTS, Sec. 1. Act of Congress. Terms and conditions accepted by Territory. Sec. 2. Territorial Treasurer. Duty to transmit moneys to various counties entitled to same. Sec. 3. Disposition of funds by counties. Proviso. Sec. 4. OfEicers handling funds not entitled to compensation. Mis- application of funds. Penalty. Be it enacted by the Legislative Assembly of the' Territory of Neiv Mexico: Section 1. That the terms and conditions of the acts of Congress providing for the distribution among the states and territories of the United States of a portion of the revenues derived from forest reserves be, and the same are hereby accepted. Sec. 2. Immediately after the passage and approval of 246 COMPUTATION OF "THE SCHOOIv I.AWS this act, the treasurer of the Territory of New Mexico shall transmit to the treasurers of the various counties in which forest reserves are situated, the proportion of money in his hands from the source herein mentioned which shall be due such county, such proportion to be based upon the number of acres of forest reserve in such county. Sec. 3. That such moneys shall be applied in the different counties to which the same is transmitted, one-half thereof to the credit of the General County School Fund and one-half to the credit of the County Road Fund: Provided-, That in the Counties of Socorro and Grant one-half of such moneys appor- tioned to said counties, shall be credited to the Territorial Road Fund instead of the County Road Fund, and shall be expended under the supervision of the Territorial Road Commission upon roads within such counties to which such funds may be apportioned. Provided, further, That the County Commissioners of any county desiring to co-operate with said Territorial Commission in the building of any public road* may cause a special levy of five mills upon each dollar of taxable property the proceeds of which may be made available, subject to expenditure under direction of said Territorial Road Commission. Sec. 4. No officer shall receive any compensation for the receipt, handling or disbursement of said funds, and any officer who shall apply said funds to any other purpose than the purpose mentioned herein and in the acts of Congress re- ferred to, shall forfeit treble the amount so misapplied and shall be immediately removed from office. Sec. 5. This act shall take effect and be in force from and after its passage. OF THE TERRITORY OE NEW MEXICO 247 CHAPTER 121. An Act entitled ''an act to revise and systematize the SCHOOL laws of THE TERRITORY OF NEW MEXICO AND FOR OTHER PURPOSES." A. C. S. C. B. No. 109; Approved' March 18, 1909. CONTENTS. Sec. 1. Amends Sec. 1555 of the Compiled Laws of 1907, as amended by Chap. 39, Laws 1903. Amends Sec. 2, Chap. 28, Laws 1903. Amends Sec. 3, Chap. 48, Laws 1905. Amends Sec. 1, Chap. 97, Laws 1907. Amends Sec. 6, Chap. 97, Laws 1907. Amends Sec. 11, Chap. 97, Laws 1907. Amends Sec. 13, Chap. 97, Laws 1907. Amends Sec. 20, Chap. 97, Laws 1907. Amends Sec. 21, Chap. 97, Laws 1907. Amends Sec. 26, Chap. 97, Laws 1907. Amends Sec. 18, Chap. 97, Laws 19 07. Violation of act. Penalty. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10 Sec. 11 Sec. 12 Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Section 1555 of the Compiled Laws of 1897, as amended by Chapter 39 of the Laws of 1903, is further amended by adding at the end thereof : "Provided, That the private or denominational school shall be equal in its teaching to the public school of the district; and Provided, further, That this section shall not apply to children who live more than three miles from a public school. Said Section 1555 is hereby further amended by substitut- ing for "at least three months in each year," in line seven of said section, the words, "during the entire time such school is in session in each scholastic year in their respective school communities." Sec. 2. Section 2 of Chapter 28 of the Laws of 1903 is hereby amended so that the first line will read : "The com- pilation, printing and distribution of the pamphlets." Sec. 3. Section 3 of Chapter 48 of the Law^ of 1905, is 2i8 COMPUTATION OF THE SCHOOL LAWS hereby amended by substituting "Lincoln Day" for "Flag Day," in line 3. Sec. 4. The first sentence of Section 1 of Chapter' 97 of the Laws of 1907, entitled 'An Act to Revise and Systematize the School Laws of the Territory of New Mexico and for Other Purposes," is hereby amended so as to read as follows: "Organization and Compensation. — There shall be a Ter- ritorial Board of Education which shall consist of nine mem- bers : The Governor, the Superintendent of Public Instruc- tion, and seven members to be appointed by the Governor for the term of five years each; five of said seven appointed mem- bers to be selected from among the heads of the Territorial educational institutions, the president of St. Michael's College at Santa Fe, and the superintendents of schools in the four cities of the Territory ranking highest in population at the time of the appointment; and two of said seven to be citizens interested in public education who are not professional teach- ers, at least one of whom shall be at the time of his appoint- ment a county superintendent of schools, these latter two to be appointed during March, 1909." Sec. 5. Section 6 of said Chapter 97 of the Laws of 1907 is hereby amended as follows : In line fifteen (15) after the word "attend" insert "at least two weeks of," and in line eighteen (18) after word "year" insert "teachers who hold a third grade county certificate or a permit to teach, and who have taught at least three months of school during the twelve months previous to the time of hold- ing any county institute, may, upon attendance upon a county institute for a full term of four weeks receive the sum of fif- teen dollars ($15) from the treasurer of the Territory, upon the' order of the Territorial Auditor of the funds arising from the rental or sale of the common school lands of the Territory, upon presenting to the Territorial Auditor a certificate from the county school superintendent of the county in which the institute is held, and signed by the institute conductor and the Territorial Superintendent of Public Instruction, certifying that said teacher had complied with the provisions of this act; and such teachers are also exempt from the institute fees otherwise required." And, in line fifty-three (53) after the word "purpose" insert "Provided, That in counties where an institute is held for a full term of four weeks the county treas- urer shall set aside at least fifty dollars ($50.00) more than that already provided for institute purposes." Said section is Olf THE TERRITORY OE NEW MEXICO 249 further amended by adding at the close of said section the fol- lowing: "But the legitimate expenses incidental to conduct- ing examinations ordered by the Territorial Board of Educa- tion shall be considered as expenses incurred in connection with the teachers' institute: Provided, That the Territorial Board of Education shall have the power to waive the hold- ing of any county normal institute in counties where author-.- ized summer schools are held and in counties adjacent thereto." Sec. 6. Section 11 of said Chapter 97 of the Laws of 1907, is hereby amended by adding the following paragraphs: "The superintendent of public instruction shall at the request of any county school superintendent or other school officer, give his opinion upon a written statement of the facts on any question or controversy arising out of the interpretation and construction of school laws and shall keep a record of all such decisions. Upon giving such opinion the superintendent may submit the statement of facts to the attorney general for his advice thereon. It shall be the duty of the attorney general forth- with, to examine such statements and suggest the proper de- cision to be made upon such facts." Sec. 7. Section 13 of Chapter 97 of the Laws of 1907, is hereby amended by substituting "Lincoln Day" for "Flag Day" in line one and line fourteen. Sec. 8. Section 20 of Chapter 97 of the Laws of 1907, is hereby amended by adding at the close of the section : Pro- vided, That the county school superintendent is herey author- ized to leave in the county school fund a sufficient amount to meet such warrants as may be legally drawn against this fund as elsewhere provided by law." Sec. 9. Section 21 of Chapter 97 of the Laws of 1907, is hereby amended by striking out the words "county treas- ury" in line four and inserting the words "general' school fund of the county" and by inserting in line twenty (20) after the expression "in counties of forty-three (43) rooms or more as aforesaid" the following: "and in all counties of the first class, as determined by the latest report of the Territorial traveling auditor." Sec. 10. Section 26 of Chapter 97 of the Laws of 1907 is hereby amended by striking out all from the word "and" in line eighteen to "contract" in line twenty-four, inclusive. Sec. 11. Section 18, Chapter 97, Laws of 1907, is hereby amended by substituting "Territorial Board of Education" for 250 COMPUTATION oif the; school laws the words "board of examiners of each county" in Hne fourteen thereof. Sec. 12. Any member of the Board of Education, county school superintendent, or other school officer who may violate the provisions of this act or other acts concerning their powers and duties in connection with school matters or who shall not ♦faithfully perform all such duties imposed under and by virtue of the law shall, on conviction thereof, be fined in a sum not less than twenty-five dollars ($25.00) nor exceeding five hun- dred dollars ($500.00). Sec. 13. All acts and parts of acts in conflict with this act or any part of this act are hereby repealed and this act shall be. in full force and effect immediately ,upon its passage. CHAPTER 127. An Act providing funds and making appropriations for THS 61sT and 62nd fiscal years, and for other pur- poses. Con. S. C. S. H. B. Nos. 262 and 156; Approved March 18, 1909. CONTENTS. Sec. 2. Appropriations for Territorial Institutions. Regulating quali- fications for admission. Examination, etc. Training department in certain institutions, and regulating same. Appropriations for charitable institutions. Proviso. Sec. 5. Appropriation for Superintendent of Public Instruction, etc. Proviso. Sec. 8. Indigent students. Appointment, by members of Legislature, to Territorial institutions. Qualifications. Term. Regulations. Appropriation for. Money allowance to pay expenses. Payment of. Method. Surplus'. Auditor to levy tax. Sec. 13. Appropriation for casual deficiencies. Superintendent of Public Instruction, New Mexico Penitentiary. Miscellaneous, New Mexican Printing Co., I. L. Chaves. Sec. 14. Appropriations for outstanding deficiencies. New Mexico School of Mines. University of New Mexico. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Sec. 2. For the support and maintenance of the Terri- Olf the: territory of new MEXICO 251 torial institutions and for such purposes as the Board of Re- gents may determine there is hereby appropriated the follow- ing sums, to-wit : New Mexico College of Agriculture and Mechanic Arts $16,000.00 New Mexico School of Mines 19,000.00 The University of New Mexico 32,000.00 New Mexico Normal School, Silver City, for pur- pose of constructing building for heating plant 2,500.00 New Mexico Normal University 20,400.00 New Mexico Mihtary Institute, Roswell 17,000.00 Provided J That no pupil under twelve years of age shall be enrolled as a student in the above, named institutions unless such pupil is capable and qualified to pass a good examination in a course of studies similar to that prescribed by the Terri- torial Board of Education for pupils above the sixth grade of the public schools. Provided, further, That the provisions hereof shall not ap- ply to the New Mexico College of Agriculture and Mechanic Arts, the New Mexico School of Mines, the University of New Mexico, and the New Mexico Military Institute at Ros- well, but the Board of Regents of such institutions shall de- termine and fix the standard of requirements required for admission to such institutions. Provided, further, That in the case of the Normal School at Silver City,*and the Normal University at Las Vegas, they shall be authorized to conduct a preparatory school known as a "Training Department;" the number of such pupils in the preparatory department being limited to not exceed "twelve" in each grade. Provided, further, That the Board of Regents of the New Mexico Normal School at Silver City, and the New Mexico Normal University at East Las Vegas, shall pay the railroad fare in excess of seventy-five miles, both going to and return- ing from said institutions, of all persons who enroll in said normal schools with a view of preparing for teaching in the public schools of New Mexico : Provided, That such stu- dents shall be bona fide residents of New Mexico at the time of entering such institutions and shall be entitled to only one-half of such reimbursement on enrolling and the remainder of such reimbursement only on their return home after not less than eight weeiks of continuous attendance. The fare shall be paid but once each year and over the shortest possible route of 252 COMPIIvATlON 01^ THE SCHOOIv IvAWS travel. A special sum shall be set aside by the Boards of Re- gents of said institutions to pay the railroad fare of such stu- dents from the annual appropriation for these institutions to be paid out in a manner already provided by law for the dis- bursement of such appropriation. Provided, further, That no such reimbursement shall be made unless the student shall sign a declaration of his intention to teach in the Territory of New Mexico, which declaration shall be filed in the office of the president of the institution. Provided, further, That $1,500.00 of the amount appro- priated for the New Mexico Normal School at Silver City and the New Mexico Normal University at Las Vegas shall be set apart and used as a special fund for the Board of Regents of each of said institutions for the payment of railroad fare as herein provided for. New Mexico Insane Asylum, Las Vegas $60,000.00 Miners' Hospital, Raton 10,000.00 Institute for the Blind, Alamogordo 10,000.00 Deaf and Dumb Asylum, Santa Fe 10,000.00 Spanish- American Normal School at El Rito.... 4,500.00 Provided, That this appropriation is conditioned on there being at least twenty-five scholars attending said school dur- ing the first year of its operation. There is hereby appropriated for the Orphans' School at Santa Fe $10,000.00 SUPERINTENDENT OE PUBEIC INSTRUCTION. Salary of Superintendent $ 3,000.00 Salary of Assistant Superintendent 2,000.00 Salary of clerk 1,500.00 Salary of stenographer 900.00 For traveling expense 1,500.00 For office and contingent expense 1,800.00 Expense incident to reading examination papers. . 1,200.00 Printing and distribution of annual report 250.00 Compilation, printing and distribution of special dav programs 150.00 Printing and distribution, institute manuals 200.00 Printing and distribution of common school course of study 250.00 Plans and specifications for school houses " 500.00 Provided, That the appropriations made for traveling ex- pense, office and contingent expense, expenses incident to 01^ the: territory 01^ NEW MEXICO 263 reading of examination papers, compilation, printing and distribution of special day programs, and printing and distri- bution of institute manuals, shall in like proportion apply to the balance of the sixtieth fiscal year. It is directed that the $250.00 appropriated for course of study, the $500.00 appropriated for school house plans and specifications, be made available for the sixtieth fiscal year and for that year only. Sec. 8. Each member of the 38th Legislative Assembly shall have the privilege of appointing for the term of four years from and after the date of such appointment, one indigent student to any one of the following named institutions, to be chosen by the student or by the parent or parents, or guar- dian, of any such student: The New Mexico College of Agriculture and Mechanic Arts, the New Mexico School of Mines, the University of New Mexico, the New Mexico Nor- mal School at Silver City, the New Mexico Normal Univer- sity at Las Vegas, or the New Mexico Military Institute at Roswell. Such students, so appointed, shall be not less than twelve nor more than twenty-one years of age. Such appointment shall, be made on or before the first day of September, 1909, and shall be in force and effect for said period of four years thereafter. Sych student shall be subject to the same rules, regulations and discipline as provided for other students of the institutions which they enter, under such appointments. The sum of seventy- two hundred dollars ($7200.00) per annum for four years, is hereby appropriated to pay the ex- penses of such students in the respective institutions to which they may be appointed under the provisions of this act for and during the said term, of four years. Two hundred dollars ($200.00) per school year is hereby, allowed to each of such students to pay actual and necessary expenses while in attendance at such institutions, and all such students so appointed shall receive board, lodging, matricula- tion, and tuition, without charge to them or to their parents or guardians ; they shall receive instruction in the regular courses taught in any such institution the same as other students therein. All actual and necessary expenses of such students, while in attendance at such institutions, shall be paid out by the president of any such instittuion, and the Treasurer thereof shall forward to the Auditor of the Territory the certificate 254' COMPUTATION OPf THE SCHOOL LAWS of appointment of sueh students, which certificates . shall be vouchers for the sum of two hundred dollars ($200.00) for each such students, and upon receipt of such certificates, such Auditor shall draw his warrant on the Territorial Treasurer for such amount in favor of the treasurer of any such institution. The treasurer of any such institution shall pay out such money upon requisitions by the president of such institution and each of such requisitions by the president shall be accom- panied by receipted bills showing the proper expenditure of the amount previously drawn for any such student. All such requisitions together with such receipted bills, shall be filed and preserved in the records of the office of any such treasurer. Should any money remain in the hands of the treasurer of any such institution to the credit of any student appointed under the provisions of this act, after the term of his appoint- ment, shall have expired, it shall be returned to the Territorial Treasurer, and become a part of the fund appropriated for the expenses of such students at such institutions. In case any student appointed as herein provided fails to complete the four years' term, another may be appointed in lieu thereof by the same member of the 38th Legislative As- sembly for the unexpired portion of such term. The Territorial Auditor is hereby authorized and in- structed, during the years 1909, 1910. 1911 and 1912, to levy a tax on all the taxable property of the Territory sufficient to raise the amount hereinbefore appropriated as the expense fund for students so as aforesaid provided for to be appointed to free scholarships in the several institutions hereinbefore mentioned, and to certify the same at the time and in the manner required by law to the Boards of County Commis- sioners of the respective counties of the Territory. Sec. 13. For the payment of casual deficiencies incurred during the fifty-ninth and sixtieth fiscal years; providing for the payment of contracted obligations against the Territory for which no provision was made ; authorizing an issue of cer- tificates of indebtedness, and for other purposes. That there is hereby appropriated out of any funds in the hands of the Territorial Treasurer, excepting the interest fund, the following sum to pay the following deficiency claims : Provided, That the Territorial Auditor shall not make payments for any of the 'deficiency appropriations hereinafter Olf the: TI:RRIT0RY of new MEXICO 255 made, except upon duly verified accounts therefor, and such accounts shall be approved by the heads of departments in which such deficiencies occurred. OFFICE OE SUPERINTENDENT OE PUBLIC INSTRUCTION. J. E. Clark $159.70 Don Lusk 50.00 Optic Printing- Company 52.25 $ 261.95 For the New Mexico School of Mines for the pur- pose of paying outstanding deficiencies $4,500.00 For the purpose of paying casual deficiencies, and com- pleting payments on the construction and reconstruction of buildings on the campus of the University of New Mexico, there is hereby appropriated out of funds provided by this act, the sum of $22,628.43, twenty-two thousand six hundred twenty-eight and 43-100 dollars. 256 COMPILATION 01^ THE SCHOOL LAWS YEARLY CALENDAR. For the convenience of County Superintendents and Boards of School Directors the following calendar of matters to be attended to during the year is appended : JANUARY. The first day of January is a legal holiday. Page 189. Term of office of County Superintendent to begin Janu- ary first. Page 209. On or before the first Monday all fines collected for viola- tion of the penal laws shall be turned into the county treasury. Sec. 1548. Page 67. On or before the third Monday the County Superintend- ent shall apportion the school funds. Sec. 20, Chap. XCVIL, Laws 1907, p. 210. I^EBRUARY. On first Monday school district clerks shall post at least four copies of the list of persons in the district liable to pay poll tax. Sec. 1550. Page 71. - The 12th day of February (Lincoln's birthday) may be observed by the schools as a legal holiday. Sec. 20, Chap. CXIX., Laws 1903, p. 189. The 22nd day of February (Washington's birthday) may be observed by the schools a legal holiday. Sec. 1, Chap. XLVIIL, Laws 1905. Page 189. On or before January first, the Territorial Superintendent of Public Instruction shall classify the counties as a basis for fixing the salaries of the County Superintendents. Sec. 20, Chap. XCVIL, Laws 1907, p. 211. MARCH. On or before first Monday the Territorial Treasurer shall make a complete exhibit of all moneys- available for school OF the; territory of new mexico 257 purposes and shall deliver the same to the Superintendent of Public Instruction, who shall, within twenty days thereafter make apportionment of said moneys to the various counties. Sec. 29, Chap. LXXIV., Laws 1899. Page 145. On second Monday School Directors shall post notices of election for school directors to be held by them on first Mon- day in April. Sec. 1532 (As amended). Page 61. On or before the third Monday the County Treasurer shall notify County Superintendent of all funds available for school purposes. Sec. 1548. Page 67. APRIL. On first Monday election of school directors is held. Page 61. On or before the first Monday all fines collected for the violation of penal laws to be turned into the County Treasury to be used as county school fund. Sec. 1548. Page 67. On or before the first Monday school district clerks shall report to County Clerk list of persons liable to poll tax, and to County Superintendent amount of poll tax collected, etc. Sec. 1550. Page 69. On the first Tuesday is held the election for members of the city boards of education. Sec. 2-3, Chap. IX., Laws 1903. Page 173. On the third Monday County School Superintendents shall apportion school funds. Sec. 20, Chap. XCVIL, Laws 1907, p. 210. MAY. On first Monday term of office of school directors begins. Sec. 1532, Sec. 2, Chap. LV., Laws 1901. Page 61. On or before the first Monday school directors shall make estimate far tax levy. Sec. 25, Chap. XCVII., Laws 1907, p. 214. ' On or before first Monday oath of office of school direc- tors shall be filed with County Superintendent. Sec. 1532. Page 61. On or before the first of May the Territorial Auditor shall levy a three (3) mill tax on all taxable property in the terri- tory for school purposes. Sec. 25, Chap. XCVIL, Laws 1907. Page 214. 258 COMPILATION OF THE SCHOOIv LAWS JUNE. On or before the third Monday the County Treasurer shall notify the County Superintendent of all funds available for school purposes. Sec. 1548. Page 67. On or before the first Monday the Territorial Treasurer shall make an exhibit of all moneys applicable to the use of and support of the public schools of the territory. Sec. 29, Chap. LXXIV., Laws 1899. Page 145. The scholastic year ends June 15th; statistical reports from school directors, secretaries and clerks shall be filed in the office of the County Superintendent within ten davs there- after. Sec. 24, Chap. XCVIL, Laws 1907. Page 213. JULY On or before the first Monday all fines collected for the violation of the penal laws shall be tilrned into the County Treasury to be used as county school fund. Sec. 1548. Page 67. . The fourth clay of the month is a legal holiday. Page 189. On or before the third Monday the County vSuperintend- ent shall apportion the school funds. Sec. 20. Chap. XCVIL, Laws 1907. Page 210. On or before the fifteenth of the month, statistical reports of County Superintendents shall be filed in the office of the Territorial Superintendent of Public Instruction. Sec. 24, Chap. XCVIL, Laws 1907. Page 213. AUGUST. On or before the first day the city boards of education shall levy a tax for the support of schools. Sec. 1577. Page 77'. On the first Saturday County Superintendents are re- quired to be in attendance at County Seat for the transaction of official business. Sec. 11, Chap. CXIX., Laws 1903. Page 187. On or before the fifteenth of the month, the Territorial OF THE TERRITORY OF NFW MEXICO 259 Superintendent of Public Instruction shall make an annual report to the Governor. Page 214. SEPTEMBER. On or before the first of September school directors shall make enumeration of all unmarried persons between the ages of five and twenty-one. Sec. 1, Chap. XXIII., Laws 1905. Page 190. On or before the first Monday the Territorial Treasurer shall make a- complete exhibit of all moneys applicable to the support of the common schools and shall deliver the same to the Superintendent of Public Instruction. Sec. 29, Chap. LXXIV., Laws 1899. Page 145. On first Saturday County Superintendents shall be at County Seat for the transaction of official business. Sec. 11, Chap. CXIX., Laws 1903. Page 187. On or before the third Monday the County Treasurers shall notfy County Superintendents of all moneys available for school'purposes. Sec. 1548. Page 67. OCTOBER. On or before the first Monday all fines collected from the violation of the penal laws shall be turned into the treasury to be used as county school fund. Sec. 1548. Page 67. On first Saturday County Superintendents shall be at County Seat for the transaction of official business. Sec. 11, Chap. CXIX., Laws 1903. Page 187. On third Monday the County Superintendents shall ap- portion the school funds. Sec. 20, Chap. XCVIL, Laws 1907. Page 210. NOVEMBER. On first Saturday County Superintendents shall be in attendance at County Seats for the transaction of official business. Sec. 11, Chap. CXIX., Laws 1903. Page 187. DECEMBER. On or before first Monday the Territorial Treasurer shall make a complete exhibit of all moneys applicable to the support 260 COMPILATION OF THE, SCHOOL LAWS of the common schools and shall deliver the same to the Su- perintendent of Public Instruction. Sec. 29, Chap. LXXIV., Laws 1899. Page 145. On or before the third Monday the County Treasurer shall notify the County Superintendent of all funds available for school purposes. Sec. 1548. Page 67. The 25th day of December is a legal holiday. Page 189. Note. — All days designated by the proclamation of the Governor as fast or thanksgiving days may be observed by the schools as legal holidays. Sec. 20, Chap. CXIX., Laws 1903. Page 189. INDEX 263 INDEX A 4142 99 4143 99 4142 99 Laws. Chap. Sec. Page. AGENTS — Occupation Tax — Collection 1897 Insurance 1897 Real Estate 1897 ADDITIONAL TAX — XSee Tax). ADJACENT TERRITORY — May be attached to municipality for school purposes 1897 1563 73 When equal to a ward of the muni- cipality may elect two members to the board of education 1897 1563 73 AGRICULTURAL COLLEGE — Board of Regents, control vested in. 1897 Appointment and term of 1897 Body corporate to be 18 97 Duties and powers of 1897 " 1897 " 1897 " 1897 " 1897 May remove officers 1897 Organization of board 1897 Qualification Qf members of 1897 Vacancies in, how filled 1897 When and where to organize. . . .1897 Congressional grant, acceptance of. 1897 Creation of 1897 Curriculum of 1897 Erection of Buildings 1897 1897 1897 1897 1897 Experiment Station, location of.... 1897 3553 105 3553 105 3554 106 3555 106 3556 106 3557 107 3560 108 3567 109 3560 108 3554 106 3553 105 3553 105 3554 105 3567a 109 3551 104 3553 105 3556 106 3557 107 3562 108 3566 108 3631 109 3557 107 3560 108 3557 107 3565 108 3551 104 3560 108 3552 105 3554 105 3574 109 3575 109 1-3 160 18 188 7 145 264 iND^x Laws. Chap. Sec. Page. Faculty, duties of 1897 Land for, to be donated 1897 Land for, to be donated 1897 Loeation of 1897 Management of 1897 Non-sectarian, to be 1897 Officers of, selection of, duties 1897 Officers of, selection of, duties 1897 Officers of, selection of, duties 1897 Records and itemized accounts. ... 1901 98 Report to Governor and Superin- tendent of Public Instruction. ... 1903 119 Separate accounts of money from school lands 1899 74 ALCOHOLIC DRINKS AND NARCOTICS — Special Instruction in Territorial Schools, U. S.^ Statutes 362 1 4 School officer to enforce provisions for instruction in U. S. Statutes. .36 2 4 5 Penalty for failing to enforce in- struction in U. S. Statutes 362 2 6 Teachers to be examined in Physi- ology and Hygiene with special reference to sistemic effects of U. S. Statutes , 362 3 5 APPEAL — From decision of county superintend- ent concerning changes in district to county commissioners 1907 97 22 213 Tubercular teachers may appeal to Board of Health 1903 92 1 156 APPORTIONMENT — (See School Funds). APPRAISEMENT — Of lands conveyed to Board of Edu- cation of school districts 1897 1602-1611 83 New, of parcels of land to be sold by boards of education of school dis- tricts 1897 1607 84 Of school sections or other terri- torial lands when valuable for manufacturing and townsite pur- poses. Lands to be sold or leased. 1907 104 39 218 APPRAISERS — Boards of Education to appoint. . . .1897 ' 1602 83 1611 85 1603 83 1604 84 1607 84 1609 85 1608 85 1605 84 1610 85 1606 85 1602 S3 INDEX 265 Laws. Chap. Sec. Page. Deeds, how executed 1897 Duty,"of 1897 Lots not to be sold for less than ap- praisement 1897 New appraisement 1897 Persons having improved may pur- chase 1897 Proceeds of sale, how applied 1897 Public sale advertised 1897 Purchase to pay certain expenses. . 1897 Sale may be continued 1897 To be appointed 1897 APPRENTICED CHILDREN — To to be given at least three months of school annually 1897 1479 56 APPRENTICESHIP — Guardian to choose masters for ap- prentices under ten years of age. .1897 1481 57 Parents may apprentice minor child- ren 1897 1485 57 Persons to whom child is appren- ticed to give bond to properly clothe, treat and instruct child. ..1897 1473 56 Probate Clerk to apprentice child- ren of parents unable or neglect- ing to suport and educate them. .1897 Probate Court to hear and deter- mine complaints of apprentices. . 1897 Provisions for education of children apprenticed by parents 1897 APPROPRIATION FOR INDIGENT STUDENTS — At Territorial Educational Institu- * tions 1907 89 29-36 141 At Territorial Educational Institu- tions.. 1909 127 8 253 APPROPRIATIONS FOR — 61st and 6 2nd Fiscal Years 1909 127 250 Charitable Institutions 1909 127 2 251 Educational Institutions 1909 127 2 251 Deficiencies 1909 127 13 254 Indigent students at institutions. .1909 127 8 263. Superintendent of Public Instruc- tion 1909 127 6 254 1482 57 1485 57 1484 57 29 145 3676 135 1 130 3 131 3 25 214 1 160 1625a 88 1625a 88 1625a 88 lB25a 88 266 inde;x Laws. Chap. Sec. Page. AUDITOR— Apportionment of school funds. ... 1899 64 Deaf and Dumb School, duty of as to.l89 7 Military Institute, to countersign bonds 1901 6 Tax levy for bond deficiency 1901 6 Levy tax for Orphan Home at Belen.1903 6 Levy tax to reimburse subscribers for completion of buildings of Las Vegas Normal University 1899 18 7 124 Levy territorial tax for school pur- poses 1907 97 Territorial Institutions to account to. 1901 9 8 AKBOR DAY — Day set apart as 1 8 9 7 Governor to issue proclamation .... 1897 How designate^, proclamation 18 97 To be public holiday 1897 ARCHAEOLOGICAlj SCHOOL — (See Museum). ASSESSMENT OF TAXES — (See Taxes). ASSESSOR — (See County Assessor). ASSISTANT SUPT. OF PUBLIC INSTRUCTION — Appointment, salary, section (An- . nulled by appropriation bill) which makes the governor the ap- pointing power 1907 97 16 208 ASSOCIATIONS, INDUSTRIAL OR BENEVO- LENT — (See Corporations). ATTENDANCE, COMPULSORY — (See Compulsory Attendance). ATTENDANCE, SCHOOL— Actual residents permitted to attend regardless of race or nationality. .1897 1550 71 ATTORNEY — (See District Attorney). B BALANCES — Due county to be turned into county treasury 1897 684 40 BAWDY HOUSES — Location with reference to schools, colleges, etc 1901 84 1-8 164 INDEX 267 Laws. Chap. Sec. Page, BLANKS — Superintendent of Public Instruction to prepare and distribute 1907 97 13 208 BOARD OF APPRAISERS— i (See Appraisers). BOARD OF EDUCATION, cities and towns (see Cities and Towns). BOARD OF EDUCATION, TERRITORIAL— Certificates, county to issue 1907 97 3 201 Certificates, Territorial to issue and endorse certificates from other states and to grant county first grade to graduates of St. Michael's College 1907 97 4 202 Certificates, empowered to revoke of teachers or institute instructors. . 1907 97 7 205 County Superintendent, to approve qualification of, L. '07, C. 97, Sec. 18 A. 1909 121 11 250 General Powers, grant, renew and revoke certificates, adopt text books and course of study, control institutes and other duties 1907 97 2 201 Organization and Compensation, Ap- pointment. Place and time of meeting, L. '07, C. 97, Sec. 1. . .A. 1909 121 4 248 Supt. of Public Instruction to be secretary of. Copy of record re- ceived as evidence in courts 1907 97 15 208 Text Books, empowered to adopt and approve supplementary books. 190 7 9 7 9 205 BOARDS OF DIRECTORS — (See Directors). BOARDS OF REGENTS — Health certificates to require of in- structors 1901 43 2-3 154 Improvements, " to expend money from lands for . 1905 72 1 193 Reports to make to Supt. of Public Instruction 1905 72 2 193 BOARD OF TRUSTEES — Property, may -transfer to school districts 1897 1600 82 BOND — To be filed, if duplicate is issued for lost warrant, check, etc 1897 400 33 1 162 1588 81 1 162 3 162 268 INDEX Laws. Chap. Sec. Page. Required of County Treasurer as Treasurer of School fund, Supt. of Public Instruction to approve. ... 1897 , 1538 64 BONDS, CITY OR TOWN— Cities and Towns may refund out- standing bonds 1901 103 Coupons to be paid promptly. How cancelled 1897 Issued for school purposes validated and legalized 1901 103 Manner of issuing and refunding bonds 1901 103 BONDS — Assessor to make assessment of dis- trict after boundaries are estab- lished 1897 1547 66 Boards of directors and boards of education authorized to issue for refunding 1899 58 26 144 By whom executed. What they shall specify 1897 1386 80 County Commissioners to examine into sufficiency of county officers' bonds 1897 687 41 Election may be ordered by board of education for purchasing site and building school house. Terms of bonds 1897 1584 79 Forfeitures or recoveries on bonds to go to school fund 1897 Form — Funding Act, 1893 1897 Issue to satisfy warrant holders ob- taining judgment. Funding Act 1893 1897 Issue of for payment of indebted- ness 1897 1897 Issue of for payment of indebted- ness 1897 1897 Issue on or before August 1, 1905, to pay indebtedness , . . 1905 Issue in 1905. Rate of interest. Ma- turity. How signed 1905 Issue in the sum of $500,000 to be expended for building and equip- ping school houses 1909 7 1 224 1584 67 323 26 323 26 1 290 17 379 30 74 2 194 74 3 194 INDEX 269 Laws. Chap. , Sec. Page. Issue for school building to be or- dered by couny superintendent - upon petition 1899 46 Issue to be determined by qualified voters 1897 Mayor to call election for. How canceled. Returns to Board of Education . . '. 1897 Method of cancelling bonds issued for 1897 indebtedness 1897 42 Not to be issued until boundaries of school district have been estab- lished .1897 Of 1905. County Commissioners to levy tax for interest. Redemption. 1905 74 Provisions for Redemption in City and Town 1897 School directors to issue bonds for School purposes 1897 To be attested by clerk. Old bonds to be destroyed 1899 58 To be registered by clerk of boards of education 1897 BONDS ISSUED IN LIEU OF EXE- CUTION IN 1897— (See Indebted- ness to be determined on the first Monday in May, 1897). BONDS, TERRITORIALi COMMON SCHOOL — Governor, Secretary and Supt. of Public Instruction to constitute board for managing 1909 7 10 227 BOOKS^— Territorial Board to adopt 1907 97 9 205 To be purchased for indigent child- ren 1897 1555 70 BOUNDARIES — To be established before Bonds can be issued 1897 1545 66 BOUNDARY LINES — Of School District to be located by county surveyor 1907 97 23 213 How changed 1907 97 22 212 1 140 1542 65 1585 80 298 20 1545 66 4 195 1587 80 1541 65 26 144 1590 81 1 190 1535 63 1535 63 1 190 2 190 270 IND^X Laws. Chap. Sec. Page. BUILDING SCHOOL HOUSE— Territorial Common School Bonds issued for 1909 7 11 227 (See also: Bonds, School Houses, Tax). BURNING SCHOOL HOUSES— (See Crimes and Offenses). c CANCELLATION OF BONDS — (See Bonds). CEMETERY — School sections may be sold for. . . .1909 106 9 244 CENSUS— Compensation for taking 1905 23 Date of taking 1897 Of school children, by directors. . . .1897 By clerk of city board 1905 23 Penalty for false enumeration 1905 23 CERTIFICATES, TERRITORIAL — To be issued by the Territorial Board 1907 -97 4 202 CERTIFICATES— Teachers' county to be issued by Territorial Board of Education. Grading. Compensation of Read- ers. Grade of certificates. Re- newals 1907 97 3 201 Teachers' and Institute Instructors' may be revoked by Territorial Board of Education 1907 97 7 205 CHARITABLE CORPORATIONS — May not acquire more than $50,0.00 worth of real estate. U. S. Re- vised Statutes " 1890 8 CHILDREN OF SCHOOL AGE — Between 5 and 21 to be enumerated . 1905 23 1 190 To be sent to public schools, unless attending denominational or pri- vate schools or unless they reside more than three miles from public school 1897 - 1555 70 1563 72 1580 78 1555 70 1590 81 1576 77 INDEX 271 Laws. Chap. Sec. Page. CHILDREN, MINOR — Provision for support and education.1897 2055 93 CHILDREN— Of habitual drunkard to be educated from income and principal of said drunkard by committee 1897 1911 92 CITIES AND TOWNS — Boards of Education — Adjacent property may be at- tached to municipality for school purposes 1897 Annual report 1897 Attendance, empowered to compel.1897 Bonds, Clerk to register 1897 I Bond 1897 Bonds, election for term. How cancelled. Returns. By whom executed. What they shall spe- cify. Sinking Fund 1897 1584-1590 79 Bonds issued for school purposes. Validated and legalized. Cities and towns may refund. Man- ner of issuing 1901 103 1-3 162 Clerk of 1897 1575 77 Collection, for current year when insufficient. Fees, Salaries to be reduced. Indebtedness to be . pro rated 1897 Compulsory school attendance. Penalty, L. 1897, Sec. 1555.. A. 1909 Condemnation of land 1897 Corporation may hold real estate. 18 97 Current year to begin 1st of Sep- tember 1897 304 23 Debts, unlawful to contract which cannot be paid out of funds col- lected for current year. Penalty.1897 299 21 Debts contracted up to August 1, 1905, bj'^ Boards made binding. Bonds for covering indebtedness. Denomination. Interest. County Conimissioners to levy tax. Re- demption 1905 74 * 1-4 194 Elected, how 1897 1567 75 300-301 21 1553 69 1564 74 272 iNDBx Laws. Chap. Sec. Page. Exemptions from tax for school purposes 1897 1560 71 Exemptions from taxation, head of family 1901 95 8 159 Expenditures. Limitations 1897 1581 78 Fine, any member liable to for re- fusing to receive pupils on ac- count of race or nationality ...1897 1556 71 Fines for giving or selling liquors or tobacco to minors or allow- ing them to loiter about places where liquor or tobacco is sold, to go to county school fund. . . .1901 3 1-6 148 Flag Day, program furnished by Supt. of Public Instruction 1907 97 Flags, to provide 1905 48 Flags, shall cause to be displayed. 19 05 48 Gambling, prohibited when effect- ive 1907 64 Graded school system to be organ- ized and maintained 1897 Health certificates, to require of instructors 1901 43 High School, may be established. .1897 HoUday, legally defined 1903 119 Indebtedness to be refunded. Bonds and interest coupons, how attested. Form of bonds. .1899 58 13, 26 144 Indigent pupils, may buy books for. Proviso 1897 1555 70 Institutes, special may be held... 1901 27 3 151 Land, unsold parcels to be deeded to 1897 1601 82 Land, when conveyed, to be ap- praised. Money how applied. Persons having improved may purchase. Deeds 1897 1602-1611 83 Licenses, accruing to county school -fund 1897 4125-4153 97 May attach adjacent territory to municipality for school pur- poses 1897 1568 72 May buy and sell land on appraise- ment — (see appraisers). Ma5'' exclude children between five and seven years of age 1897 1562 72 13 208 1 191 2 191 1-6 196 1569 76 2-3 154 1569 76 20 189 12 250 61 68 1-3 197 1560 71 1579 82 INDEX 273 Laws. Chap. Sec. Page. Non-resident pupils may be ad- mitted. Tuifion. School tax paid to be credited 1907 97 29 216 Obstruction of streets, illegal. Pen- alty. Fine to go to county school fund 1897 2677-2678 95 Of the city of Santa Fe — (See Santa Fe). Penalty for failure of any member to perform duties 1909 121 Poll tax, L. 1897, S. 1549-1550. .A. 1905 Poll tax, collection facilitated by having employers furnish lists. .1907 96 Property, exempt from taxation .. 1 8 9 7 Property, transfer of ratified 1897 Property, to be transferred to school district 1897 1600 82 Unsold parcels of land to be deed- ed to Board of Education 18 97 Qualification of members 18 97 Real Estate, may be acquire J . . . .1897 Regular meetings 1897 Report, principals and superin- tendent to make to county su- perintendent ...1903 119 8 186 Reports, statistical to be filed with county superintendent by clerk on or before July 15 1907 97 24 213 Reports, to be made annually, printed and distributed 1897 1580 78 Reports, clerks to make to county superintendent June 2 5th 1907 97 24 213 School Day and Month, definition of 1897 1557 71 School Fund, Temporary. Pro- ceeds of interstate estates, for- feitures, fines, lost goods, or estrays, liquor licenses, to be paid to county treasurer for county fund 1897 1548 67 School house, to provide and keep in repair. Levies for the pur- pose .1907 97 25 214 School Property exempt from tax- ation 1897 1583 79 Schools to be free to all children and to be kept open three 1601 83 1567 75 1552 69 1579 78 Sec. Page. 1562 72 1582 79 29, 31 184 3 151 3 151 25 214 1.587 80 1578 78 274 iNDKx Laws. Chap. months. Exceptions 1897 Sectarian Doctrines not to be taught 1897 Smallpox, duty of board of educa- tion 1903 103 Superintendent, to employ. Insti- tutes, to hold. Taxes, to levy. . .1901 27 Tax for school purposes 1901 27 Tax levied for school purposes. . .1907 97 Tax levy for interest on bonds and sinking fund. Proviso 1897 Taxable property of whole city or town subject to taxation 18 9 7 Teachers entitled to full pay. Holidays. Penalty of school of- ficers for violation L. '07, Chap. 97, Sec. 26 A. 1909 121 10 250 Teachers to .be paid monthly un- less funds are not available. ...1901 57 1 158 Term of office, extension of. Date of next election 1903 9 2 173 Election of city officers, members of board of education 1903 9 3 173 Text books, uniform adopted by Territorial Board of Education to be used in first eight grades. Penalty 1907 97 9 205 To ascertain and pass upon in- debtedness on first Monday in May, 1897, and issue bonds in lieu of execution 1897 To be bodies corporate 1897 Treasurer to publish notice of suf- ficient funds to redeem bonds for 1897 indebtedness 1897 42 Tuition, non-residents to pay. Re- striction 1907 97 Unlawful for town or city officials to buy, sell, or speculate in evi- dence of indebtedness. Penalty. 18 97 Vaccination, duty in regard to... 19 03 103 Vaccination, to enforce in cities.. 1901 17 Regular and Special meetings. .. 189 7 Contracts to be let to lowest bid- ders 1897 1581 78 Sectarian doctrines not to be 'taught 1897 " 1582 78 285-306 13 1564 74 296 19 29 216 406-408 35 29 184 26 150 1579 78 INDEX 275 Laws. Chap. Sec. Page. Treasurer of city or town to be treasurer of board of education. Bond 1897 Pay, not to receive .1897 President, duties of .1897 Vice-President, duties of 1897 Clerk, duties of 1897 Clerk's bond 1897 Tax, may levy additional 189 7 Tax to be paid in money 1897 Bonds, election may be ordered for issuing 1897 Mayor to call election for 1897 Bonds, how signed 1897 Coupons, how paid 1897 School fund pledged for payment of coupons on bonds 1891 Bonds to be registered 1897 Officers to take oath and give bonds 1897 Transfers of school property 1897 Real estate, may hold 1897 Deeds, how executed 1897 Boards, how elected 1897 Vacancies 1897 General Powers 1897 CLASSIFICATION OF COUNTIES — Determining county superintendent's salary, L. 1905, C. 60, Sec. 5. . .A. 1907 97 21 211 Classification of counties .1905 60 1 192 CIjERK — PROBATE — (See Probate Clerk). CLERKS — School Board — Collect and report poll tax 1897 Duties of 1897 Give Bond 1897 Publish compulsory education act.. .1897 Register warrants 1897 Register bond issue 1897 Report deaf and dumb persons 1899 42 Report to County Superintendent. . .18 97 COLLECTIONS FOR CURRENT YEAR — Not to be used to pay debts con- tracted the previous year or years. 189 7 42 299 21 1571 76 1572 77 1573 77 1574 77 1575 77 1576 77 1577 77 1578 78 1584 79 1585 80 1586 80 1588 81 1589 81 1590 81 1591 81 1592 82 1565 74 1560 75 1567 75 1568 76 1569 76 1549, 1550 68 1575 77 1575, 1591 77, 81 1555 69 1590 81 1590 81 4 139 1535, 1550 63, 6.9 276 INDEX Laws. Chap. Sec. Page. COMMON LANDS — See Lands, Common). COMMON SCHOOLS — (See Schools). COMMISSIONER OF PUBLIC LANDS — To receive and pass upon all applica- tions for leasing or purchasing territorial lands and timber 1909 106 3 241 May sell or lease school sections or other territorial lands when valu- able for manufacturing and town- site purposes 1907 104 39 218 COMMISSIONERS — (See Countj^ Commissioners). COMPILATION — (See School Laws). COMPULSORY SCHOOL ATTENDANCE— Directors and Boards of Education to compel parents, guardians, etc., to send children to public schools. Proviso. Violations to be brought before grand jury. Penalty. Fine to go to school district, L. 18 97, Sec. 1555 A. 1909 121 1 247 CONTRACTS OF INDEBTEDNESS — (See Indebtedness). CONTRACTOR — May receive bonds in payment for building school house ' 1897 1542 65 CORPORATIONS — Clerk of organization to make record of meetings and certify sar^e to Probate Clerk for record 18 97 Copy of by-laws to be filed with Territorial Secretary 1897 Corporations to then have usual cor- porate powers and privileges 18 97 Organization of literary, scientific and other societies 1897 Organizers to be body corporate. . . .18 9 7 Provisions for organizing corpora- tions for religious or charitable purposes 1897 . 462 38 458 39 465 39 .464 39 457 36 463 39 459 37 460 38 461 38 inde:x 277 Laws. Chap. Sec. Page. Real Estate of corporation not to be sold or mortgaged without con- sent of the supreme court 1897 466 39 Trustees or directors to have per- petual succession 1897 Society" may elect officers and make by-laws 1897 Vacancies in Boards of Trustees or directors 1897 CORPORATIONS OR INDIVIDUALS — Special legislation forbidden in granting exclusive privileges to U. S. Statutes ; 818 1 6 COST OF SUIT— (See Suit). \ COUNTIES — Classified and county superintend- ent's salaries filed, L. '05, C. 60, Sec. 1, 5 A. 1909 Shall not incur debts aggregating ^ more than 4 per cent of value of taxable property. U. S. Statutes.. 818 i , 7 COUNTY ASSESSOR— Duties as to tax levies 1897 15 47-1549 66 Duties as to licenses 1897 4147 100 Shall provide directors with copies of taxable property in district. .1897 1547 66 COUNTY CERTIFICATES- (See Cer- tificates). COUNTY CLERK — To receive duplicate receipt from of- ficers collecting fines which go to school funds 1897 1548 67 To receive list of persons liable to poll tax on or before first Monday in April 1897 1550 69 COUNTY COLLECTOR — To keep account of special levies. ..1897 1540 64 To pay over money collected within thirty days after the tenth of the month in which collection is ma.de.lS97 1539 64 278 INDEX Laws. Chap. Sec. Page. COUNTY coaianssioNERS — Appoint Indigent students 1907 89 29-36 Appoint Indigent Students 1909 127 8 253 County Commissioners to examine into sufficiency of county officers' bond and to require new bonds when necessary 1897 687 .41 May appoint county superintendent, in the absence of any one properly qualified, upon nomination of Ter- ritorial Board of Education 1907 97 18 209 May remove from office persons who fail to make statements as re- quired, of accounts 1897 60 • 12 43 Shall pay claimants quarterly the - amounts allowed unless a larger sum allowed by the court 1897 4 303 23 To allow expenses of county superin- tendent quarterly 1907 97 19 210 To levy tax annually equal to at least ten per cent and not greater than twenty per cent as sinking fund to retire bonds issued in lieu of execution for payment of in- debtedness, 1897 1897 42 296 19 To levy tax annually to pay interest and redemption of bonds issued to satisfy judgments originating prior to Feb. 26, 1891 1897 319 24 To levy tax for interest of bonds is- sued in 1905 to pay indebtedness. 1905 74 4 195 To levy tax to pay interest and one- tenth par of original of bonds is- sued under act to fund school in- debtedness 1897 380 30 To determine indebtedness, the first ' Monday in May, 1897 1897 285-288 13 To hear appeal in matter of chang- ing districts 1907 97 22 212 To receive certificate of local levies and pass thereon 1907 97 25 214 COUNTY INSTITUTES — (See Institute). COUNTY OFFICERS— County Commissioners to examine into sufficiency of county officers' iND^x 279 Laws. Chap." Sec. Page. bonds 1897 687 41 County officers not to act as sureties on bonds of other officers 1897 843 43 County officers to file quarterly state- ments of receipts and disburse- ments 1897 60 12 43 Must be able to read and write either English or Spanish well enough to keep their own record.. 1897 857 43 Not allowed to speculate in Terri- torial or county evidences of in- debtedness 1897 405 34 Officers failing to so account liable to fine 1897 686 40 Persons responsible for county money to render account at Janu- ary term or at other times 1897 684 40 Persons unable to write English or Spanish are ineligible for office. ..1897 857 43 Penalty for abstracting, destroying, mutilating or defacing probate clerk's files of county newspapers. 1897 When guilty of embezzlement. . . .1897 Penalty for interfering with county surveyor's official duties 18 97 Probate Clerk to bind and preserve copies of county newspapers 18 97 Probate Clerk to subscribe to all newspapers published in the county 1897 768 41 COUNTY SUPERINTENDENT— Appeals from decisions concerning organization or changing of school districts ;....1907 Apportionment of school fund 1903 Apportionment of school fund 1907 Apportionment of school fund. . .A. 1909 Approve bond issue 1897 Arbor Day, to promote observance of 1897 Bond, Amount, conditions .1907 Boundaries of school districts 1907 Building of school houses from pro- ceeds of territorial common school 771 42 1125 45 791 42 769 41 97 22 212 99 15 97 25 214 121 8 249 1542 65 1625a 88 97 19 210 97 23 213 280 INDEX Laws. Chap. Sec. Page. bond issue, to approve 1909 7 11 227 Compulsory attendance, vested with supervisory powers in regard to. ..1897 1555 70 Contests in election of directors to be filed within 30 days with county . superintendent 1897 1532 61 Districts may create, divide or or- ganize when 1907 97 22 212 Duties 1907 97 20 210 Election for issuance of school bonds, may call 1899 46 1 140 Election, qualifications, term, pen- alty for paying money to a super- intendent not legally qualified. Duty of Territorial Board of Edu- cation 1907 97 18 219 Examine school directors' accounts. 1903 119 11 Institute, to hold with advice of ter- ritorial superintendent, collect fees and make disbursements with consent of territorial supt .1907 97 6 203 Jurisdiction, over schools in county except city schools subject to Supt. of Public Instruction. To receive reports from all schools. . To visit schools. Supervise meth- ods of instruction. Consult with school directors as to expendi- tures, etc. Organize, or disorgan- ize school districts. Make appor- tionments 1907 97 20 210 Liable on his bond for failure to make annual report to territorial superintendent 1897 Oath, to take 1907 97 Office Expense, how paid .1907 97 Penalty for failure to perform duties.1909 121 Permits to teach, temporary, may grant. Restrictions 1907 97 5 202 . Poll Tax, to receive names of per- sons who have paid. Notice of amount collected and names of delinquents 1897 1550 69 Powers General, L. '07, C. 97, S. 20 A. 1909 121 8 249 Public health, duty in regard to. . . .1903 103 29 184 1528 60 19 210 21 211 12 250 11 250 12 1S8 13 188 24 213 iNDKx 281 Laws. Chap. Sec. Page. Qualifications, L. '07, C. 97, S. 18. A. 1909 121 Report illegal warrants of directors. 19 03 119 Remove school director who fail to take census 1899 119 Report, to whom, contents 1907 97 Required to enforce statute concern- ing teaching of alcoholic drinks and narcotics. U. S. Statutes, 49th Congress, first session 362 Salary per classificat"'on, L. '05, Chap. 60, Sec. 5 A. 1907 97 How paid, L. '07, Chap. 97.... A. 1909 43 Teachers, examination of 1907 97 Term of office 1907 97 To leave in county school fund suf- ficient to meet warrants 1907 97 To leave in county school fund suf- ficient to meet warrants 1909 121 To post notice with full description of newly formed districts 1907 99 To appoint time and place for elec- tion of school directors 19 07 9 9 To appoint directors, if election is not held . . . . : 1907 99 To endorse all orders for money to be paid out by district 1897 To enforce vaccination. Penalty ... 1901 17 To make a report of county schools to the Territorial Superintendent on or before X^ctober 15th, annu- ally 1907 99 1 59 To report concerning number of dis- tricts, salaries, receipts of taxa- tion, etc., etc 1907 99 1 59 To order directors to submit ques- tion of issuing bonds for building school house 1899 46 1 140 To order portion of school fund set aside as building fund. To order building 1899 46 2 140 To receive annually a report of each district 1897 1535 63 To receive certificate of election of election of directors together with ballots cast in election 1897 1532 61 To receive petition for the erection 21 211 2 233 3 201 18 209 20 210 8 249 1 59 1 59 1 59 536 63 26 150 1556 71 26-2 7 150 29-31 184 11 1S7 282 INDEX Laws. Chap. Sec. Page. of a school building and forward same to county treasurer who shall inform directors of money- ready for use 1903 37 2 170 To remove directors failing to call election for directors 1897 1532 61 To remove school officers for refus- ing to receive pupils. May be himself removed by Territorial Superintendent for failing to act. .18 9 7 Vaccination, duty to enforce 1901 17 Vaccination, duty to enforce 1903 103 When at county seat 1903 119 COUNTY TREASURER— To give bond as treasurer of school fund 1897 " 1538 64 To notify county superintendent quarterly of all funds received for school purposes 1897 1548 67 To publish notice of sufficient funds to redeem bonds issued for 189 7 indebtedness 1897 42 296 19 To receive 33%% of sources enumer- ated in Sec. 1548, C. L. 1897 to the account of the general county School Fund 1897 1548 67 COUNTY SURVEYOR — To locate lines and corners of school districts at request of county su- perintendent. Expense 1907 97 f 23 213 COUPONS — Of bonds in city and town to be paid promptly. How cancelled. . 1897 1588 81 COURTS, PROBATE — (See Probate Courts). CURRENT YEAR — (See Year). CRIMES AND OFFENSES— Burning at night of school, etc 1897 1103 44 Burning in the daytime of school, etc 1897 1104 45 Damages to enclosures by animals. . 1897 - 1297 48 INDEX 283 Laws. Chap. Sec. Page. Embezzlement 1897 1125 45 Enclosures" on public lands, illegal.. 1897 1295 48 Enclosures to have gates at all cross- ings of public roads and trails. .. 1897 1296 48 Half of opium fines to go to School Fund 1897 1265 47 Half of fines for selling or using li- quor on election day to go to school fund 1897 1273 47 Illegal to sell, use, or drink liquor on election day 1897 1272 47 Larceny from said buildings. ......1897 II13 45 Penalty for maintaining opium or hop joints 1897 1264 46 Penalty of occupying public land under pretext of a deed 1897 1298 48 Punishment for embezzling 1897 1126 CREDITORS — To be paid pro rata if funds for cur- rent year are insufficient to pay claims in full 1897 42 301 46 22 D DAY, SCHOOL— (See School Day). DEADLY, WEAPONS— (See Weapons). DEAF AND DUMB INSTITUTION — Auditor, member of Committee of. .1897 Buildings for 1897 Committee to have management ... 1897 Authorized to reduce tuition fee. 18 97 Establishing of ;18 97 Expense of, how paid 1897 Management of . . . . , 1897 To be Territorial School 1897 DEAF AND DUMB, NEW MEXICO ASYLUM— (Act of Legislature 1899). Appropriations for ." . 1899 42 1 136 3675 135 3675 135 3673 135 3674 135 3672 135 3676 135 3673 135 3675, 3677 135 2 137 2 137 3 138 2 137 3 138 6 167 13 171 1 166 -3 166 284 iND^x Laws. Chap. Sec. Page. Board of trustees, organization, du- ties, and powers of 1899 42 Donation of land by Congress 1899 42 Indians admitted 1899 42 Supt. Public Instr., a trustee 1899 42 Terms of admission 1899 42 (Act of Legislature 19 03.) Board of trustees, appointment, qualifications and duties of 1903 2 Buildings, erection of 1903 2 Creation of 1903 2 Records and itemized accounts. ... 1901 98 DEBATING SOCIETIES — (See Corporations). DEBTS — Territorial not to be contracted ex- cept in certain cases. U. S. Stat- utes 818 3 6 Unlawful for County Commissioners, City Council, Town Trustees, Board of Ed.ucation, etc., to contract in excess of funds for current year. . 18 9 7 42 299 21 DEEDS — Of lands sold by boards of education in school districts, how executed. 1897 1611 85 DEED FOR REAL ESTATE — How executed when conveyed to Board of Education 1897 1566 75 DEFICIT — Casual, Territorial Legislature may contract debts to pay. U. S. Stat- utes 818 3 6 DEFINITION OF SCHOOL DAY AND MONTH — (See School Day and Month). DEGREES — (See Diplomas). DELINQUENTS — In paying poll tax to be sued after 30 days notice. No property ex- empt 1897 " 1549 68 INDEX 285 Laws. Chap". Sec. Page. DELINQUENT TAXES — (See Taxes Delinquent). DENOMINATIONAL SCHOOLS — (See Private Schools). DIPLOMAS AND DEGREES — Power to grant 1897 1624 87 DIRECTORS — Authorized to issue bonds. . 1897 379, 387 30 Authorized to issue refunding bonds.1899 58 26 144 Books to be examined by County Su- perintendent , 1903 119 11 187 Contracts to let. No member to be a party. To report to county su- perintendent cost of material, etc.. 1903 119 7 186 Contests of election 1897 1532 61 Debts contracted by, valid 1905 74 1 194 Duties 1897 1533 63 Duties with reference to building school house from proceeds of Territorial School Bond issue. ... 1909 7 15 229 Election of 1897 1532 61 Election of 1897 1563 72 Election of 1897 1567 75 Election of 1901 55 1, 2 157 Election may call for issuing bonds. 1897 15 42 6 5 Election may call for issuing bonds.1899 46 1 140 Expenses, contingent to defray .... 1897 1535 63 Forbidden to contract debts in ex- cess of money belonging to cur- rent year 1897 42 299 21 Health certificates to require of teachers 1901 43 2-3 154 Holidays legally defined. Proviso as to teachers salaries 1903 119 20 189 Indigent pupils, books to be fur- nished for 1897 1555 70 Liable to fine for refusing to receive pupils on account of race of na- tionality 1897 1555 71 May use surplus in general school fund to construct school buildings. 1903 37 1 176 May admit non-resident pupils on tuition. Amount school taxes paid to be credited on tuition 1907 97 29 216 Must be able to read and write either English or Spanish 1897 857 43 286 INDEX Laws. Chap. Oath of office 1897 One to be voted for; unless vacancy is to be filled 1901 55 Organiaztion and duties of 18 97 Penalty for failing to make complete census 1903 119 Poll tax, clerk to collect 1897 Poll tax collection facilitated. ..'... 1907 96 Provide for interest on school bonds. 1897 Provide school house and sites, how. 1897 Provide school house and sites, how. 1903 37 Pi'ovide school house and sites, how. 1907 97 Provide school house and sites, how.1909 7 Qualified voters for . Refund indebtedness and issue bonds . .1899 58 Removal of 18 97 Removal of . .• 1899 46 Removal of 19 07 97 Reports clerks of school board to make to county superintendent .. 1903 119 Report to county superintendent. .. 1907 97 Required to see to the endorsement of provisions for teaching Hygiene and Physiology with reference to effects of alcoholic drinks and nar- cotics. U. S. Statutes 362 1 4 School Laws, Chairman to be fur- nished a copy by county superin- tendent 1903 IS 3 175 Shall "have general control subject to county superintendent 1897 Term of office 1901 55 Text Books adopted by Territorial Board to be used 1907 97 To allow the use of the school build- ings for certain public meetings. . 1897 To appoint boards of appraisers when land is to be conveyed 1S97 To be elected when district is formed at a meeting called by the county superintendent 1907 99 1 59 To be appointed by county superin- tendent in case election is not held 1907 99 1 59 To be furnished with copies of lists Sec. Page. 1532 61 2 157 1533 62 13 188 1550 69 1-3 197 1535 63 541-1547 65 1-3 176 25 214 15 229 144 13-26 144 1535 63 1 140 8 205 8 186 25 214 1535 1 63 151 9 205 1533 62 1602-1611 83 ?c. Page. 1547 66 1532 61 1555 69 INDEX 287 Laws. Chap. of taxable property 1897 To certify result of election for di- rectors to county superintendent. . 1897 To compel attendance of children. . 1897 To determine indebtedness of dis- tricts. The first Monday in May, 1897. (See indebtedness to be de- termined) 1897 285-288 13 To employ only legally qualified teachers 1907 97 8 205 To furnish itemized accounts with vouchers 1903 119 9 187 To have* power to compel attendance of children 1897 1555 .70 To insure school buildings 1903 37 4 178 To let contracts. Clerk to report cost of material and labor to county superintendent. School of- ficers not to be party to contract. .1903 119 To make enumeration 1897 To make a report through the clerk to the county superintendent. ... 1897 To make enumeration of children .. 1*905 23 To make reports about June 25th to county superintendent 1907 97 To make reports about June 25th to county superintendent 1897 To meet at least onece every 30 days 1903 119 To notify board of county commis- sioners concerning bonds issued under Acto fund school indebted- ness 18 97 To pay teachers' salaries according to law. Violation 1907 97 To post notices of eelctions for di- rectors 18 9 7 To provide flags for public schools. .1905 48 To cause flags to be displayed 1905 48 Vacancies, how fllled 1897 Vaccination to select same compe- tent person to do 1901 17 Warrants illegally issued shall be jected by county superintendents. 1903 119 Warrants not to be issued by, in excess of amount of levy for cur- rent year 1897 1535 63 7 186 1535 63 1535 6 3 1 190 24 213 1535 63 11 187 381 31 26 215 1532 61 1 191 2 191 1533 62 27 151 12 188 288 INDEX Laws. Chap. Sec. Page. DISTRICT SCHOOL — Actual residents permitted to attend school regardless of time when they become residents 1897 1556 70 DISTRICTS — Alteration of 1907- 97 Appeals in formation of 1907 97 Apportionment of territorial school funds 1899 74 Apportionment of school funds. Time. Publication 1903 119 Appraisers, board of, to be appoint- ed when land is conveyed 1897 Assessor to include all property in district on March 1st 1897 Bonded indebtedness, how paid.... 1907 97 Boundary lines^ location of 1907 97 Children to be enumerated, when. False enumeration and penal tj'^. . 1905 23 Clerks to make full report to county superintendent 1903 119 Condemnation of land for school purposes 1897 Consolidated, may be on petition. . .19 07 97 County surveyor to locate boundary lines 1907 97 Creation of new 1907 97 Debts made binding. Bond issue to pay. Interest. Maturity. Re- deiftption 1905 74 1-4 Districts declared legal 1897 1529 60 Directors (See Directors, School). Exemption from taxation for heads of families. Amount 1901 95 8 159 Governing authorities to protect health of children. Tuberculosis. 1901 43 2-5 154 Indebtedness up to 1897 to be de- termined and settled, how 1897 285-298 13 Indebtedness must be equal to or less than 4 per cent of assessed value of property 1897 1541 65 Indebtedness to be refunded by bond issue. Bonds, how signed and at- tested 1899 58 Indebtedness, not to incur 1897 Indebtedness, not to incur 1897 22 212 22 212 29 145 15 '188 1602-1611 83 295 19 22 . 212 23 213 1-2 190 8 186 1553 69 22 212 23 213 22 212 3, 26 144 382 31 299 21 INDEX 289 Laws. Chap. Sec. Page. Fund (See School Fund). Levy for school purposes 1907 97 25 214 Lines, location of Boundary 1907 97 - 23 213 Negotiable bonds of, may be issued. Qualified voters to decide. Boun- daries to be established. Duty of Assessor 1897 1541-1547 65 Number of children in 1907 97 22 212 Organization of 1907 97 22 212 Poll Tax, Clerk to collect. Amount. Compensation. May bring suit. No property exempt. For use of district ...1897 1549 68 Poll Tax, notices to be posted and copies of list to county clerk and . county superintendent. Amount collected and name of delinquents to be reported 1897 1550 69 Poll Tax, collection facilitated by re- quiring employers to furnish list of employes. Penalty ..1907 96 1-3 197 Property exempt from taxation for school purposes. Proviso 1897 1560 69 Property, transfers of, legal and valid. Not to be transferred ex- cept upon petition of majority of qualified voters ....1897 1592, 1597 82 Qualified voters in Real estate to acquire, which when taken is not to exceed one acre and must be situated on public highway 1897 1552 69 Reports of, to be made by clerk to county superintendent, when.... 1907 97 24 213 School fund to receive certain fines. (See School Fund, district). Sureties, officers not to act as 1897 843 43 Surplus school fund may be used for constructing school buildings when available. Duty of county super- intendent, county treasurer and di- rectors 1903 37 1-3 176 Title of unsold parcels of land to be vested In school district 1897 1600-1601 82 Title to lands and other property, Shall hold 1897 1530 61 To be body, corporate .,,...,. ,1897 1530 61 290 INDEX Laws. Chap. Sec. Page. When formed the county superin- tendent shall post a notice of the formation of such district with full description and call a meeting for election of directors 1907 99 1 59 When school house is lacking, county superintendent may order directors to submit question of bonds to vote on petition twenty heads of families. Additional means of securing house 1899 46 2 140 Vaccination against smallpox com- pulsory in 1903 103 29-31 184 EDUCATION OF APPRENTICES — (See Apprenticeship). EDUCATION, BOARD OF, TERRITORIAL — (See Board of Education). EDUCATION OF WARD — (See Guardian and Ward). EDUCATION, BOARD OF CITY— (See Board of Education). EDUCATION, BOARDS OF— (See Boards of Education). EDUCATION— Provisions for all children in the ter- ritory by proceeds of Teriiiorial Common School Bond issue 1909 7 19 230 EDUCATION OF MINOR CHTLDREN— To be guarded by probate judge... 1897 2055 93 ELECTIONS — Boards of Education 1897 1567 75 Qualification of voters for mem- bers of Boards of Education. . .1897 - 1567. 75 2004 8 1698 89 16-98 89 1532 61 1584, 1585 79 1698 89 1570 76 iNDi;x 291 Laws. Chap. Sec. Page. Citizens otherwise qualified not to be barred from voting because of race, color or previous condition of servitude. U. S. Revised Stat- utes County officers 1897 Day established for delegate mem- bers of Legislature and County officers 18 9 7 Directors of School District 1897 Qualification of voters For issuing Bonds by school dis- tricts, for the purpose of erecting or completing school house 1897 1542 65 For issuing bonds in cities and towns 1897 Illegal to sell, use or give liquor on. 18 97 Officers of Board of Education 1897 Qualifications of voters for issuing bonds in school district ordered by county superintendent, for erecting school house 1899 46 . 1 - 140 Special levy greater than 5 mills to be voted upon. Qualifications of voters ....1907 97 25 214' EMBEZZLEMENT — When is a person guilty of 1897 1125 45 Penalty 1897 1126 46 ENUMERATION — Actual residents before or after en- titled to send children to school. .1897 1556 71 To be made annually 1897 1535 63 School Directors to make. Duty of Clerk. Penalty for false enumera- tion 1905 23 1,2 190 ENCLOSURES — Not to be constructed or maintained on public lands ...1897- 1295 48 To have gates at all crossings 1897 1296 48 Owners may recover damages. .....1897 1297 48 ENGLISH LANGUAGE — ' Required in all public schools 1897 1529. 60 292 INDEX Laws. Chap. Sec. Page. ESTATES, INTESTATE — 67 •SCHOOL FUND, DISTRICT — Apportionment of County School Fund. How made 1903 119 15 188 Apportionment of General 3 mill levy 1907 97 25 214 Apportionment of moneys from For- est reserves 1909 119 3 246 Apportionment of moneys from lands reserved for common schools 1899 74 7 14. Apportionment of Territorial 3 mill levy Bonds for the purpose of erecting and completing school houses. Election for Redemption 1897 1542 65 Collection from sale or lease of pub- lic lands to be placed to the credit of district within 30 days 1897 2178 94 Division of school funds 1907 97 22 212 Pine for failure of director to call election and post notices therefor. 18 97 1532 61 Fines for failure of employes to comply with poll tax law 1907 &6 ■ 2 198 Pines for false enumeration 1905 "23 2 190 INDEX 32 Laws. Chap. Sec. Page. Fines for illegally issuing certificates of exemption from poll tax to fire- men ....1897 1764 90 Forfeitures of officers bonds for vio- lating provisions concerning use of surplus funds 1903 37 5 178 Fines for maintaining opium or hop joint 1897 1265 47 Fines for Sabbath breaking 1897 1369 49 Fines for saloon keepers allowing minors to play games on premises.18 97 126 9 47 Fines for selling, using or giving li- quor on election day 1897 1273 47 Fines for violation of gambling law. 1907 64 4 197 Fines for violation of vaccination provisions 1901 17 26. 150 ' Fines for violation of vaccination provisions 1903 103 29 184 Levy, local 1907 97 25 214 Moneys remaining in hands of treas- urer after redemption of bonds is- sued by Act of 189 7 1897 297 20 Moneys arising from sale of lands belonging to district to- be used for erecting and furnishing a school house 1897 Poll tax collected by district clerks. 1897 Sinking fund for redemption of bonds 1905 74 Special tax may be made. To be collected by county assessor 1897 Surplus from collections of previous year 1897 Surplus may be used for school building on petition 1903 37 SCHOOL FUND, TERRITORIAL — Fine for violation by teachers of pro- visions concerning tuberculosis. .. 1903 92 2 157 General 3 mill levy 1907 97 25 214 Money from lands reserved for com- mon schools. How set aside and apportioned 1899 74 7 145 Moneys from forest reserves 1909 119 3 SCHOOL FUNDS AND PROPERTY — Pledged in payment of interest in city and town 1897 1589 81 1608 85 1548, 1550 68 4 195 1547 66 302 22 1 170 3 141 1541, 1542 65 113 45 1103 44 1553 70 328 iNDi:x Laws. Chap. Sec. Page. SCHOOL HOUSES— Any person failing to perform duty in connection with building school houses liable to fine 1899 46 Bonds for, how voted 1897 Breaking into and entering, penal- ties 1897 Burning of 1897 Condemnation of land for 1897 County superintendent shall have power to order school directors to submit question of issuing bonds for building. Penalty for refusal. 18 99 46 1 140 County superintendent to order por- tion of the school fund to be set aside as building fund 1899 46 2 140 Directors and Boards of Education required to provide an dkeep in repair. Means of raising funds. . .1907 97 Directors may use surplus to con- struct 1903 37 Duty of county superintendent in re- ard to building 1903 37 Insurance of 1903 37 Larceny from 1897 Levy, local to provide school houses. 19 07 97 Location of 1897 May be used for public meetings of religious, political, literary, etc. societies 1897 1533 62 Penalty for failure of officers to carry out provisions for use of surplus fund 1903 37 5 178 Proviso when surplus not sufficient to complete building 1903 37 3 178 Territorial Common School Bonds for building 1909 7 11 227 Surplus fund, use of 1903 37 1-3 176 Surplus fund, when available for building 1903 37 2 177 SCHOOL INDEBTEDNESS — (See In- debtedness). SCHOOL LANDS — (See Lands). SCHOOL LAWS — Appropriation for compilation and printing 1903 2§ 2 175 25 214 1 176 2 177 4 178 1113, 1114 45 25 214 1552 69 iND^x 329 Laws. Chap. Sec. Page. Printed laws to be furnished to the County Superintendents and chair- man of school directors 1903 28 3 176 Supt. of Public Instruction to com- pile and have printed all school laws 1903 28 1 174 SCHOOL OFFICERS — Penalty for failing to perform duties. 19 09 121 12 250 SCHOOL SECTIONS — (See Lands, School). SCHOOL sites- How situated 1897 1552 69 SCIENTIFIC SOCIETIES — (See Cor- porations). SECTARIAN DOCTRINES — Not to be tauht in City and Town schools 1897 1582 79 SECTIONS 16 AND 36 — (See Lands). SECURITIES — On bonds of county officers may be examined by county commissioner as to sufficiency of bonds 1897 687 41 SILVER CITY — Created independent district 1909 12 2 231 SINiaNG FUND — To be provided after 1907 for pay- ment of bonds issued in lieu of execution for indebtedness 1897 42 296 19 Tax levy for in City and Town 1897 . 1587 81 SISTERS OF CHARITY — To have charge of Orphan and Indi- gent children (See Orphans' Home). SITE FOR SCHOOL HOUSE — (See Real Estate and School Houses). SMALLPOX — Duty of School Superintendents. Vaccination. Penalty for refusal of parents 1903 103^ 29 184 330 INDEX Laws. Chap. Sec. Page. SOCIETIES — (See Corporations). SPECIAL LEGISLATION — Forbidden in certain cases, U. S. Statutes 818 1 6 SPECIAL LEVY — (See Tax, Special). SPECIAL TAX — (See Tax, Special). STATEMENTS — To be made quarterly by county and precinct officers 1897 60 12 43 STATISTICAL REPORTS— (See Re- ports, Statistical). STRAYS, UNCLAIMED — To be sold after due notice and sur- plus to be paid into School Fund, 1897 176 12 STREETS, OBSTRUCTION OF— (See Obstruction). SUIT— Cost, Fundin Act, 18 93 1897 324 29 Cost of to be divided between de- fendant and complainant in cases arising under Funding Act, 1893. .189 7 324 29 SUNDAY — (See Sabbath Observance). SUPERINTENDENT, CITY — (See City Superintendent). SUPERINTENDENT — (See County or City Superintendent). SUPERINTENDENT OF PUBLIC IN- STRUCTION — Appointment. Term. Salary. Oath.. 19 07 97 Apportionment of School Fund 1903 99 Appropriation for deficiencies 1907 121 Appropriation, contingent expense .. 19 09 97 Appropriation Deficiencies 1907 97 Appropriation Examination of teach- ers expenses 1907 97 Appropriation for 61st and 6 2nd fis- cal years 1909 127 10 206 15 13 12 207 22 212 3 201 5 252 11 206 6 203 10 206 INDEX 331 Laws. Chap. Sec. Page. Assistant, qualifications 1907 97 13 208 Assistant (See Assistant Supt. of Public Instruction). County Superintendent, may sus- pend, when 1907 97 Duties as to 1907 97 Duties 1907 9'^ Duty as to managing proceeds of territorial common school bond issue 1909 7 11 227 Duty in regard to applicants for po- sitions as teachers who are afflict- ed with tuberculosis 1903 92 1 15^ General supervision. To visit insti- tutions. Rural schools. Acting through county superintendent. Supervision over city, town, and village schools, and over official school records of any school dis- trict. May suspend county sup- perintendent and institute pro- ceedings for removal 1907 97 11 206 Location of office. Official Acts certified 1907 97 17 209 May approve of supplementary books 1907 97 Member of Board of Education. ... 1907 97 Oath 1907 97 Office, location of 1907 97 . Penalty for failure to deliver annual report 1897 Permits to teach, temporary may grant 1907 97 Powers, general 1907 97 Powers and Duties Amended. Re- port Annual 1907 97 . Salary 1907 97 Summer Normals, — Four weeks 1907 97 6 203 $50 more to be set aside. Power to waive normal institutes where authorized summer normals are held 1907 97 6 203 Term of office .- 1907 97 10 206 To act as secretary of Board of Edu- cation 1907 97 15 206 9 205 1 200 10 206 17 209 1528 60 5 202 11 206 14 208 10 206 332 INDEX Laws. Chap. Sec. Page. To advise county superintendent as to conduct and management of in- stitute 1907 97 6 203 To apportion income from lands re- served for purpose of the common schools. When. How 1899 74 To apportion money derived from leasing school sections 16 and 36. .1907 104 To apportion money from leasing of school sections and lieu lands. . . .1907 104 To approve bond of county treas- urer as treasurer of school fund. .1897 • To approve excuse for non-attend- ance at institute 1907 97 To approve expenditures of joint in- stitutes .1907 97 To approve renewal of county first grade certificates 1907 97 ' To authorize county superintendents to hold joint institutes 1907 97 To be secretary of Board of Educa- tion 1907 97 To classify counties for fixing sal- aries of county superintendents. . 1907 97 To classify counties 1907 97 To compile, print and distribute all school laws 1903 28 1-3 174 To countersign all orders for pay- ment of money in connection with institute 1907 97 6 203 To enforce act concerning the build- ing of school houses 18 9 9 4-6 3 141 To file and preserve records made by county superintendents, heads of educational institutions and other school authorities 1907 97 12 207 To furnish blanks, school, law. Flag Day program 1907 97 13 208 To furnish copies of school law to county superintendents and chair- man of school directors 1903 28 3 175 To give opinion on any question aris- ing out of interpretation of school 29 145 31 218 31 218 .38 64 6 203 6 203 3 201 6 203 14 208 21 211 21 211 INDEX 333 Laws. Chap. Sec. Page. laws. May submit question to At- torney General 1909 121 6 249 To grade or cause to be graded ex- amination papers of teachers 1907 97 3 201 To have School Laws printed 1903 28 1 174 To issue temporary permits to teach- ers. Restriction 1907 97 4 202 To make annual report and publish the same. Items to be contained in report 1907 97 14 208 To make apportionment quarterly of moneys applicable to common schools... ...1899 74 29 145 To make statistical report to Gov- ernor Aug. 15 1907 97 24 213 To prepare and publish annual re- port of all schools in territory from reports made by school au- thorities 1907 97 14 208 To print and distribute blanks, school laws, and Flag Day pro- gram 1907 97 13 208 To receive bond of county treasurer of county school fund 1897 1538 64 To receive bond of county treasurer as treasurer of county school fund.1897 1538 64 To receive copy of report from heads of territorial educational institu- tions. Items to be contained in reports ,...1903 119 18 188 To receive report from city schools. . 1907 97 20 210 To receive report from county su- perintendent. Items to be con- tained 1907 99 1 59 To receive statistical reports annu- ally from county SLiperintendents and heads of educational institu- tions. When 1907 947 24 213 To remove county superintendents who fail to remove school officers refusing to receive children on ac- count of race or nationality 1897 1556 71 To see that law concerning enforce- ment of school building is en- forced 1899 46 3 140 To visit Rural Schools. Traveling expenses 1907 97 12 207 334 INDEX Laws. Chap. Sec. Page. SURETIES— County or district officers not al- lowed to' act as sureties for other officers 1897 843 43 SURVEYOR — (See County Surveyor). T TAX— Additional may be levied for sup- port of city and town schools. When and How 1897 1577 77 Levy to be made by Directors and Boards of Education to provide and keep in repair school houses. District levy and Proviso. Terri- torial levy and Proviso 1907 97 25 214 TAXATION — A sinking fund to be provided by a tax levied by county commission- ers to pay bonds issued in lieu of execution for indebtedness 1897 42 296 19 TAXES — School property in city and town ex- empt 1897 1583 79 Exemptions from 1901 95 8 ■ 159 TAXES, ASSESSMENT OF — No special Legislation allowed, U. S. Statutes 818 1 6 TAXES, COLLECTION OF — No special legislation allowed, U. S. Statutes 818 1 6 TAXES, DELINQUENT — One-third for certain years to go to school fund 1909 57 1 234 TAX LEVY IN CITY AND TOWN — For interest and sinking fund 1897 1587 80 TAX, LICENSE — (See License). TAX, POLL— (See Poll Tax). INDEX 335 Laws. Chap. Sec. Page. TAXES, SCHOOIi— Property exempt from 1897 1560 72 Levy of 1907 97 25 214 TAX, SPECIAL — Not to be made until boundaries have been established 1897 1547 66 Account to be kept by collector in separate books 1897 1540 64 TEACHERS — County certificates issued by Terri- torial Board of Education ..1907 97 3 201 Directors and Boards of Education to raise funds to pay 1907 97 25 214 Duty as to vaccination 1901 17 26 150 Holding third grade certificates or permits may receive $15.00 from territorial treasury for 4 weeks at- tendance upon county institute. . 1909 121 5 248 Liable to fine for refusing to receive pupils on account of race or na- tionality 1897 1556 71 Required to teach effects of alco- holic drinks and narcotics in con- nection with Physiology and Hy- giene, U. S. Statutes 362 2 5 Not to receive certificates except on passing satisfactory examination in Physiology and Hygiene with special reference to alcoholic drinks and narcotics, U. S. Stat- utes 362 2 5 Maximum salaries. Proviso as to teachers' permits. Provision as to pay. Penalty for failure of school officers to pay teachers 1907 97 26 215 Salary not to be deducted on legal hohdays 1903 119 20 189 To be paid monthly unless there are no funds available 1901 57 1 158 To keep record and make reports to the county superintendent 1897 1536 63 Instructors or professors found to have tuberculosis may be ex- amined by any physician and has 336 INDEX Laws. Chap. Sec. Page, right of appeal to Territorial Board of Health 1903 92 1 15B Instructors and professors may be discharged if tuberculosis has been contracted 1901 43 5 154 Instructors and professors required to present health certificates 1901 43 2-5 153 TEACHERS, LEGALLY QUALIFIED — • Legal qualifications 1907 97 8 205 Penalty for paying money to a teacher not legally qua,lifled 1907 97 8 20&i TERRITORIAL AUDITOR — (See Au- ditor). TERRITORIAL BOARD OF EDUCA- TION — (See Board of Education, Territorial). TERRITORIAL CERTIFICATES — (See Certificates). TERRITORIAL INSTITUTIONS — (See Institutions). TERRITORIAL SUPERINTENDENT — (See Supt. of Public Instruction). TERRITORIAL TREASURER — Shall annually between December first and fifteenth present war- rants, coupons, etc. paid since last were burned 1899 402 34 Shall present to the Governor and auditor all warrants paid by his office 1897 401 33 Shall quarterly publish notices call- ing warrants for payment 1897 404 34 To burn all paid warrants 1897 402 33 To receive moneys from Public Lands for use of institutions and objects for which lands .were granted 1899 74 29 145 TEXT BOOKS — May be adopted by Territorial Board for the territory 1907 97 9 205 INDEX 337 Laws. Chap. Sec. Page. TIMBER — On school sections or territorial lands not to be cut 1903 81 1 175 TOLLS — (See Highways). TOWNS — (See Cities and Towns). TOWNS, INCORPORATED — Not to be subdivided into wards. . . .1897 1567 75 TOWN — (See City and Town). TRANSFER — Of property to school districts 1897 1600 82 Of school property on petition of electors 1897 1592 82 Of unsold parcels of land to Boards of Education legalized 1S97 1601 83 Previous, of property in city and town legalized 1897 1592 82 TREASURER, COUNTY — (See County Treasurer). TREASURER, SCHOOL— Must be able to. read and write either English or Spanish 1897 857 43 TREASURER, CITY AND TOWN— (See City or Town Treasurer). TREASURER — (See County Treasure- or City and Town Treasurer). TREASURER, TERRITORIAL — (K(e Territorial Treasurer). TRUSTEES, BOARDS OF — (See Board of Trustees). TRUSTEES — Board of, in towns may transfer property to school districts 1897 1600 82 TUBERCULOSIS — (See Health Certificate). 338 INDEX Laws. Chap. Sec. Page. TUITION — Directors and Boards of Education may admit non-resident pupils on payment of. Amount of school tax to be credited on 1907 97 29 210 u UNIFORM TEXT BOOKS — Not to be changed for four years. Penalty for violating provisions. . 1907 97 9 205 UNIVERSITY OF NEW MEXICO— Appropriation for deficiencies 1909 27 Board of regents to have control. ... 1897 Buildings, when completed, may be purchased 1897 Commissioners report to legislature. 189 7 Commissioner to select lands. 18 97 Commissioner to act 1897 Creation and location of 1897 Departments to be established 1897 Erectio nof buildings 18 97 Faculties to have charge of depart- ments 1897 Intended for State University 1897 Meetings, quorum 1897 Objects 1897 Open to children of all residents. . . .1897 Organization, secretary to give bond.1897 President; his duties 1897 Regents may lease part of Univer- sity ground 1897 3583 113 Regents may contract for payment of rent 1897 Regents to make rules, etc 1897 Separate account of all moneys from land reserved for University to be kept by land commissioners 1899 74 Sub-division and filing 1897 Surveyed lands, to claim 1897 Territory not liable 1897 Terms of office of regents 1897 To be body corporate 1897 14 3571 111 3585 114 3591 115 3587 114 3588 114 3568 110 3577 112 3582 113 3578 113 3569 110 3581 113 3570 111 3579 113 3574 112 3573 112 3584 113 3576 113 7 145 3589 114 3590 115 3586 114 3572 111 3573 112 17 26 150 103 30 185 103 31 185 17 27 INDEX 339 JLaws. Chap. Sec. Page. To be non-sectarian 1897 3580 118 U. S. STATUTES — Require teaching Physiology with reference to Alcoholic drinks and Narcotics 362 1-3 4 V VACANCIES — On Boards of Education, how filled. 189T 1568 75 VACCINATION— Children to be vaccinated 1903 103 • 29 184 County Superintendent to enforce. Penalty .*1901 Expense may be borne by district. .1903 Of adults. Refusal. Penalty 1903 Provision for payment 1901 VACCINE MATTER — To be provided at cost of county, Municipal corporation, "• Board of Education, or School Trustees. .. 1903 103 31 185 VICE-PRESIDENT — Of Board of Education, duties 1897 1574 77 VOID INDEBTEDNESS— To remain valid to receive money belonging to year in which debt was contracted, which money shall be distributed pro rata 1897 42 302 22 Money remaining after void indebt- edness is paid shall be converted into the fund for the next current year 1897 42 302 22 VOTERS — Citizens otherwise qualified are not to be barred from voting at any election because of race, color or previous condition of servitude, U. S. Revised Statutes 2004 8 Qualified to vote on levy for school purposes 1907 97 25 214 403 34 400 33 405 34 340 INDEX Laws. Chap. Sec. Page. Qualified voters in district 1897 1532 61 ' Qualified to vote for bonds 1897 1542 65 w WAGES, TEACHERS — (See Teachers). WARDS — (See Guardians and Wards). WARRANTS— Annual presentation of paid war- rants by treasurer 1S97 Claimants must prove loss or de- struction and file bond . . . .' .18 97 County Officers not to speculate on county or territorial indebtedness. 1897 County warran.ts, drafts, checks or orders, if lost or destroyed, may be duplicated 1897 399 32 Duplicated, territorial or county warrants, drafts, checks, etc. , if lost may be duplicated 1897 399 32 For school districts to be paid only when signed by two of the direc- tors and endorsed by county su- perintendent 1897 . 1536 C3 Holders of warrants issued by the county superintendents prior to Feb. 26, 1891, may taring suit to ' ' adjust and determine the same. Funding Act, 1893 1897 How county shall be described in suit and process served 1897 Issue of bonds to satisfy warrant holders obtaining judgment 1897 Form of bond 1897 Costs of suit 1897 May unite as plaintiff in suit 18 97 Proceeding, the same as ordinary chancery cases 1897 Quarterly call of warrants for pay- ment 1897 319 24 321 22 323 2G 323 26 324 28 320 22 322 22 404 34 INDEX 341 Laws. Chap. Sec. Page. Territorial Treasurer to present to the Governor and Auditor all war- rants paid by his office 1897 401 33 Treasurer to burn all warrants in the presence of Governor and Auditor.1897 402 33 WATER WORKS IN DISINCORPO- RATED TOWNS — Part of rents and tolls to go to pub- lic schools 1897 2511 95 WEAPONS, DEADLY — Armed persons insulting or assault- ing others 1897 Assaulting with deadly weapons. . . .1897 Drawing, flourishing or discharging firearms in public places . .'. 1897 Fines collected under this act to go to School Fund 1897 Hotel, saloon and dance hall keep- ers to post notice 1897 Meaning of deadly weapons 18 97 Persons carrying deadly weapons, except by legal authority, liable to fine and imprisonment 1897 Persons drawing deadly weapons on others 1897 Travelers may carry arms for per- sonal protection 1897 YEAR, CURRENT — ^Expense for current year to be paid out of money belonging to that year 1897 42 299 21 The current year shall begin in Jan- uary first and end on the last day of December except board of edu- cation shall begin on the first day of September and end on the last day of August 1897 42 304 23 YEAR, SCHOLASTIC — For all schools and institutions of all kinds to end June loth 1907 97 24 213 1381 52 1479 52 1380 52 1389 53 1386 53 1383 52 1377 50 1378 51 1384 52 ou EMv'I2 y